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HomeMy WebLinkAboutMunicipal Code Updates 1991-1992 City Clerk' s Office �\ ------------(FC) --( 3 ) ------------ Evelyn Counter Legislative history (drawer) CITY OF HUNTINGTQN BEACH MUNICIPAL CODE UPDATES .,Effective 10/21/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE -- Chapter 3.52 Chapter 5.24 Chapter 5.24 Laura A. Nelson, Deputy Records Division 374-1559 0171N Huntington Beach Municipal Code 3.52.010--3.52.040 CHAPTER 3.52 HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT (3175-10/92) Sections: 3.52.010 Intent and purpose 3.52.020 Definitions 3.52.030 Establishment of area 3.52.040 Boundary modification 3.52.050 Collection of benefit assessment 3.52.060 Changes in assessments 3.52.070 Business classifications/benefit assessment 3.52.080 Benefits to business/restriction on use 3.52.090 Penalty for delinquent payment 3.52.100 Advisory board 3.52. 110 Annual approval /resolution 3.52. 120 Public hearing 3.52. 130 Area establishment and disestablishment 3.52.010 Intent and purpose. On August 17, 1992, The City of Huntington Beach (the "City") adopted Resolution No. 6415 (the "Resolution") , declaring its intention to establish a business improvement area (herein referred to as the "District") and to levy a benefit assessment on all businesses within said District, the proceeds of which shall be used for the public purposes therein described, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act") . On September 8, 1992, the City held a duly noticed public hearing and introduced Ordinance 3175. The City Council has heard and considered all oral and written protests or other comments regarding such proposed action, and written protests from businesses in the proposed area paying a majority of the proposed assessment have not been received and the City Council finds , based on all evidence presented that the businesses within the District will be benefited by the expenditure of the funds raised by the assessments proposed to be levied. (3175-10/92) 3.52.020 Definitions. Businesses to be assessed are those classified by the City of Huntington Beach Business License Code as Class A. Retail sales '- (AI) , auto; new, used parts. (3175-10/92) 332.030 Establishment of area. A parking and business improvement area to be known as the "Huntington Beach Auto Dealers Business Improvement District" (the "District") is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highway Code Section 36500, et seq. The boundaries of the District and the benefit zones within the District are generally located on Beach Boulevard, and set forth with greater specificity in the following map and list exhibits A-1 and A-2. (3175-10/92) 3.52.040 Boundary Modification. The City Council may modify the boundaries or assessments, established by this Ordinance; the modifications shall be made pursuant to the requirements of the Act, but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments . (3175-10/92) 10/92 rr r r 3.52.050--3.52.070 Huntington Beach Municipal Code 3.52.050 Collection of benefit assessment. The benefit assessment authorized by this Ordinance shall be billed by the City in monthly installments with all funds collected being remitted within thirty (30) days of receipt to the Huntington Beach Auto Dealers Association or such other entity or organization as is mutually agreed upon by said Association and City. This will be accomplished by mailing assessment notices monthly to all businesses as herein defined within District by first class mail to be due thirty (30) days from date of invoice. The levy of assessments will commence on the first day of the month following the issuance of the Certificate of Occupancy by the City for installation and full operation of the Auto Dealers directory reader board sign within the District. (3175-10/92) 3.52.060 Changes in assessments. Any businesses covered by this Chapter shall also be subject to changes which may be made in the assessments or in the uses to which the revenues shall be put, as specified in this Ordinance and as permitted by the Act; such changes shall be made by later ordinance adopted after a hearing before the City Council , or by Resolution, if approved in conjunction with confirmation of the Annual Report. (3175-10/92) 3.52.070 Business classifications/benefit assessment. For purposes of the assessments to be imposed pursuant to this Ordinance, the City Council may make a reasonable classification of business, giving consideration to various factors, including general benefit to businesses and the degree of benefit received from programs of the District. All businesses , as defined in Section 2 hereof, located within the Huntington Beach Auto Dealers Improvement District are assessed and classified as follows : (3175-10/92) Business Assessment Per Type Formula Month 1 . Auto—New, Used, Parts (a) Director Sign Trust Account for 60 months $ 435 (b) Sign Maintenance $ 400 (c) Administrative Costs (Dealers) $ 200 (d) Property Tax $ :30 (e) Insurance $ 50 (f) Collection/Disbursement Costs $ 25 (City/Bank) :. 2. All other businesses, if any —0— Total $ 1 ,140 Total After 60 months $ ­705 (a) Business owners with multiple dealerships at the same location or , adjacent locations having a common method of access and egress shall pay one benefit assessment fee. (b) Business owners with multiple dealerships at non—adjacent multiple locations shall be assessed for each such location. (3175-10/92) 10/92 Huntington Beach Municipal Code 3.52.080--3.52. 130 3.52.080 Benefits to business/restriction on use. The assessments levied on businesses pursuant to this Ordinance shall , to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the District and the revenues from the levy of assessments shall not be used to provide improvements or activities outside of the District or for any other purpose not specified in said Resolution of Intention. (3175-10/92) 3.52.090 Penalty for delinquent payment. For failure to pay a benefit assessment when due, the City shall add a penalty of ten percent (10%) of the assessment amount on the last calendar ay of each month after the date due thereof, providing that the penalty amount to be added shall in no event exceed one hundred percent (100%) of the assessment amount due. No City business license shall be knowingly issued or renewed to any business which, at the time of making application for any license or renewal thereto, is indebted to the City for any delinquent benefit assessment. (3175-10/92) 3.52.100 Advisory board. (3175-10/92) (a) Appointment. The City Council shall appoint an Advisory Board which shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant-to this part, on the classification of businesses, and on the method of levying the assessments. (3175-10/92) (b) Annual Report. The Advisor Board shall p y prepare a report for each fiscal year for which assessments are to be levied. The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533. (3175-10/92) (c) Approval of Report. The City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it as modified. The City Council shall not approve a change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments . (3175-10/92) j 3.52.110 Annual approval/resolution. After approval of the report filed by the ADvisory Board, the City Council pursuant to Section 36534 of the Act, shall adopt annually a resolution of intention to levy an assessment for that fiscal year. The City Council shall hold a public hearing prior to the adoption of a resolution confirming the Annual Report and Levy of Assessments. (3175-10/92) 3.52.120 Public hea, i . A public hearing shall be held pursuant to the requirements of Parking and Business Improvement Area Law of 1989. (3175-10/92) 3.52.130 Area establishment and disestablishment. All provisions of this Chapter applicable to the establishment or disestablishment of an area shall apply to the establishment, modification,_: or disestablishment of benefit zones pursuant ,to Section -36500, et seq. of the California Streets & Highways Code, and subject to any amendments thereof, and the:-establishment or the modification of any benefit zone shall follow the same procedures as provided for the establishment of a parking and business improvement area and the disestablishment of a ,benefit zone shall follow the same procedure as provided for disestablishment of an area. (3175-10/92) 10/92 Huntington Beach Municipal Code 5.24.010--5.24.010(a) Chapter 5.24 /� MASSAGE ESTABLISHMENTS \ (1213-6/66, 1293-3/67, 2007-10/75, 2187-6/77, Urg. 2361-3/79, Urg. 2394-8/79, 3173-10/92) Sections: 5.24.010 Definitions 5.24.020 Massage establishment--Permit required 5.24.030 Massage establishment--Application for permit--Fees 5.24.040 Massage establishment--Application--Contents 5.24.050 Massage establishment--Applicant to appear 5.24.060 Massage establishment--Application--Investigation 5.24.070 Massage establishment--Permit--Refusal--Appeal 5.24.080 Massage establishment--Permit restriction 5.24.090 Massage technician--Permit required 5.24. 100 Massage technician permit--Application 5.24. 110 Massage technician application--Contents 5.24. 120 Repealed, Ord 2466-2/81 5.24. 130 Massage technician--Permit--Issuance 5.24. 140 Massage technician--Permit--Denial--Appeal 5.24. 150 Exemptions 5.24. 160 Massage establishment--Facilities 5.24.170 Massage establishment operation 5.24. 180 Existing massage technician permits--Validity 5.24.190 Permit renewal 5.24.200 Permits nontransferable 5.24.210 Number of establishments limited 5.24.220 Massage establishment--Change of location or name 5.24.230 Prohibited conduct 5.24.240 Violation--Penalty 5.24.250 Permit suspension and revocation 5.24.260 Appeal procedure 5.24.270 Appeal--Hearing 5.24.280 Repealed, Ord 2726-10/84 5.24.290 Repealed, Ord 2726-10/84 5.24.300 Repealed, Ord 2726-10/84 5.24.310 Repealed, Ord 2726-10/84 5.24.320 Repealed, Ord 2726-10/84 5.24.330 Repealed, Ord 2726-10/84 5.24.340 Unlawful operation declared nuisance 5.24.010 Definitions. Unless the particular provision or the context otherwise requires , the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) "Massage" means any method of pressure on, or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol , liniment, antiseptic, oil , powder, cream, ointment, or other similar preparations commonly used in this practice. 10/92 I 5.24.010(b)--5.24.040(e) Huntington Beach Municipal Code (b) "Massage establishment" means any establishment having a fixed place of business where any individual , firm, association, partnership, corporation, or combination of individuals, engages in, conducts , carries on or permits to be engaged in, conducted or carried on, massages, baths , or health treatments involving massage or baths as the major function. (c) "Recognized school of massage" means any school or institution of learning which teaches the theory, ethics , practice, profession, or work of massage, which school or institution complies with the California Education Code and with the California Department of Education' s standards (5 California Administrative Code section 18829) , and which requires a resident course of study of not less than one hundred (100) hours before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school . (2395-11 /79, 2466-2/81 ) 5.24.020 Massage establishment--Permit required. It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on, in or upon any premises within the City of Huntington Beach the business of a massage establishment without a permit issued pursuant to the provisions of this chapter for each and every such massage establishment. (2395-11 /79) 5.24.030 Massage establishment--Application for permit--Fee. (a) Any person, corporation or partnership desiring to obtain a permit to operate a massage establishment shall make application to the Chief of ` Police or his designated representative. Prior to submitting such application, a nonrefundable fee of two hundred dollars ($200) shall be paid to the City Clerk to defray, in part, the cost of investigation and report required by this chapter. The City Clerk shall issue a receipt showing that such application has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (b) The application for permit does not authorize conducting a massage establishment until such permit has been granted. (2395-11 /79) 5.24.040 Massage establishment--Application--Contents. Each applicant for a massage establishment permit shall furnish the following information: (a) The full , true name and any other names used by the applicant. (b) The present address and telephone number of the applicant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) Acceptable written proof that the applicant is at least eighteen (18) years of age. (e) The applicant' s height, weight, color of eyes and hair 'and date and place of birth. 10/92 Huntington Beach Municipal Code 5.24.040(f)--5.24.060 (f) Two photographs of the applicant at least 2" X 2" taken within the last six months. (g) Business , occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. (h) The business license history of the applicant and whether such applicant, in previous operations in this or any other City, state, or territory under license, has had such license or permit for a massage establishment or other similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (i ) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions. (j) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than 5 percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners , including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. (k) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement. (1 ) Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (m) The Chief of Police shall require the applicant to furnish fingerprints . (2395-11 /79) 5.24.050 Massage establishment--Applicant to appear. The applicant, if an individual , or designated responsible managing officer, if a partnership or corporation, shall personally appear at the Police Department of the City of Huntington Beach and produce proof that the two hundred dollar ($200) application fee has been paid and shall present the application containing the aforementioned and described information. (2395-11 /79) 5.24.060 Massage establishment--Application--Investigation. The Chief of Police shall have sixty (60) days to investigate the application and the background of the applicant. Upon completion of the investigation, the Chief of Police shall grant the permit if he finds : 10/92 5.24.060(a)--5.24.070 Huntington Beach Municipal Code (a) The required fee has been paid. (b) Application conforms in all respects to the provisions of this chapter. (c) The applicant has not knowingly made a material misrepresentation in the application. (d) The applicant has fully cooperated in the investigation of his application. (e) The applicant, if an individual , or any of the stockholders of the corporation, any officers or directors , if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code section 290, or of conduct violating Penal Code sections 314, 315, 316, 318, 647(a) , 647(b) and 647(h) , or convicted of an attempt to commit any of the abovementioned offenses or convicted in any state of any offense which if committed or attempted in this state, would have been punishable as one or more of the abovementioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude. (f) Applicant has completed all portions of the application. (g) The massage establishment, as proposed by applicant, would comply with all applicable laws, including but not limited to zoning, fire and safety requirements and standards . (h) The applicant is at least eighteen (18) years of age. (i ) The applicant possesses good moral character and is a fit person to be trusted with the privilege granted by such permit. (j) The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this chapter. If relevant Department of Justice state summary criminal history information is not received within the sixty-day investigation period, the Chief of Police is authorized to issue a temporary permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied, the temporary permit shall expire upon notice of denial . Temporary permits shall be issued for a ninety-day period. The Chief of Police, in his discretion, may extend such temporary permit. (2395-11 /79, 2726-10/84, 2777-7/85) 5.24.070 Massage establishment--Permit--Refusal--Appeal . If the Chief of Police, following investigation of the applicant, finds that the applicant does not fulfill the requirements set forth in this chapter; he shall deny the application and notify the applicant by certified mail of such denial . Any applicant who is denied a permit by the Chief of Police may appeal such denial to the City Administrator, pursuant to the provisions of this chapter. (2395-11 /79, 2726-10/84) 10/92 Huntington Beach Municipal Code 5.24.080--5.24. 130(a) 5.24.080 Massage establishment--Permit restriction. The possession of a valid massage establishment permit does not authorize the permittee to perform work for which a massage technician permit is required. (2395-11 /79) 5.24.090 Massage technician--Permit required. It shall be unlawful for any person to act as a massage technician unless such person holds a valid permit issued by the City of Huntington Beach pursuant to the provisions of this chapter. In the event the applicant seeks employment at a massage establishment other than that indicated on the original application, an additional application and fee of twenty-five dollars ($25) must be submitted. (2395-11 /79) 5.24.100 Massage technician permit--Application. Any person desiring to obtain a permit to act as a massage technician shall make application to the Chief of Police or his designated representative. Prior to submitting application, a nonrefundable fee of fifty dollars ($50) shall be paid to the City Clerk to defray, in part, the cost of investigation and report required by this chapter. The City Clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. An application for a permit does not authorize acting as a massage technician until a permit has been granted. (2395-11/79) 5.24.110 Massage technician application--Contents. In addition to all the information required by section 5.24.040 of this chapter, each application for massage technician permit shall contain the following: (a) A diploma or certificate of graduation from a recognized school . (b) The massage establishment' s full name, address and phone number at which the applicant will be employed. (c) Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (d) The Chief of Police shall require the applicant to furnish fingerprints. (e) The Chief of Police shall require the applicant to furnish a statement from a physician, licensed to practice in the state of California, that he/she has been examined within the past thirty (30) days prior to submitting the application, and has been found free of any communicable disease. (2395-11 /79, 2777-7/85) 5.24.130 Massage technician--Permit--Issuance. The Chief of Police shall have thirty (30) days to investigate the application and the background of the applicant. Upon completion of the investigation, the Chief of Police shall grant the permit if, in addition to the findings set out in section 5.24.060, the following requirements have been met: (a) The applicant has graduated from a recognized school of massage prior to issuance of the permit and furnished an acceptable diploma or certificate of graduation. 10/92 5.24. 130(b)--5.24. 160(a) Huntington Beach Municipal Code (b) The applicant has not had a massage establishment permit or massage technician' s permit or other similar license or permit denied or revoked for cause by this City within one (1 ) year prior to the date of application. (c) The applicant has complied with section 5.24. 110(e) of this chapter. If relevant Department of Justice state summary criminal history information has not been received within the thirty (30) day investigation period, the Chief of Police is authorized to issue a temporary permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied, the temporary permit shall expire upon notice of denial . Temporary permits shall be issued for a ninety (90) day period. The Chief of Police, in his discretion, may extend such temporary permit. (2395-11/79, 2466-2/81 , 2777-7/85) 5.24.140 Massage technician--Permit--Denial--Appeal . If the Chief of Police, following investigation of the applicant, finds that the applicant does not fulfill the requirements set forth in this chapter, he shall deny the -application and notify the applicant by certified mail of such denial . Any applicant denied a permit by -the Chief of Police may appeal such denial to the City Administrator pursuant to the provisions of this chapter. (2395-11 /79, 2726-10/84) 5.24.150 Exemptions. The provisions of this chapter shall not apply to the following classes of individuals while engaged in performing the duties of their respective professions: (a) Physicians , surgeons, chiropractors, osteopaths, and physical therapists duly licensed to practice in the state of California. (b) Hospitals, nursing homes, sanitoriums, or other health care facilities duly licensed by the state of California. (c) Nurses duly registered by the state of California. (d) Barbershops and beauty parlors, barbers and beauticians when engaged in the practice for which they are licensed by the state of California. (e) Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment. (f) Trainers of any amateur, semi—professional or professional athlete or athletic team. (2395-11 /79) 5.24.160 Massage establishment--Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign — subject to applicable provisions of the City' s codes , a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. 10/92 0 h Huntington Beach Municipal Code 5.24. 160(b)--5.24. 170(c) (b) Lighting - minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons . (c) Ventilation - minimum ventilation shall be provided in accordance with section 1105 of the Uniform Building Code, Volume I . (d) Equipment - adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (e) Water - hot and cold running water shall be provided at all times . (f) Linen storage - closed cabinets shall be provided for storage of clean linens , and approved receptacles shall be provided for the deposit of soiled linen. (g) Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms, separate dressing facilities shall be provided for male and female patrons, and each separate facility or room shall be clearly marked as such. (h) Bathing, dressing, locker, toilet facilities - adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided for every massage establishment. (i ) Pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Department. (j) Compliance with code - proof of compliance with all applicable provisions of the Huntington Beach Municipal Code shall be provided prior to the issuance of any permit. (2395-11 /79) 5.24.170 Massage establishment operation. Every massage establishment shall comply with the following operating requirements: (a) Each person employed or acting,as a massage technician shall have a valid permit issued by the City of Huntington Beach, and it shall be unlawful for the owner, operator, responsible managing employee, manager or permittee in charge of or in control of the establishment to employ or permit a person to act as a massage technician, as defined in this chapter, who does not possess a valid massage technician' s permit. (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a.m. and 12 midnight. (c) A list of services shall be posted in an open, public place on the premises , and shall be described in readily understood language. No owner, operator, responsible managing employee, manager, or permittee shall permit, and no massage technician shall offer to perform any services other than those posted. 10/92 i 0 5.24. 170(d)--5.24. 180 Huntington Beach Municipal Code (d) The massage establishment permit shall be displayed in an open and conspicuous place on the premises. A copy of the permit of each and every massage technician, employed in the establishment, shall also be kept on the premises, available for examination upon demand by any police officer of the City. (e) Towels and linens shall not be used on more than one (1 ) patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1 ) patron. (f) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned after each use. All walls , ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (g) Instruments utilized in performing massage shall not be used on more than one (1) patron unless they have been sterilized using approved sterilizing methods. (h) Where a covering is furnished by the massage establishment, it shall not be used by more than one' (1 ) patron until it has first been laundered and disinfected. (i ) No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any �\ alcoholic beverage or drug except a prescription drug. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. (j) Every massage establishment shall be open at all times during business hours for inspection by any officer of the City of Huntington Beach. (k) All exterior doors shall remain unlocked from the inside during business hours. (1 ) No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage except in compliance with the provisions of Title 5, California Administrative Code section 18829 and applicable requirements of the Department of Education. (2395-11/79, 2466-2/81 ) 5.24.180 Existing massage technician permits--Validity. Each person having an existing masseuse technician permit with the City of Huntington Beach at the time this chapter becomes effective, shall , in addition to all other provisions of this chapter, obtain a diploma or certificate of graduation from a recognized school of massage within a period of two (2) years from the effective date hereof. All such diplomas or certificates of graduation shall be submitted to the Chief of Police, or his designated representative, for approval . All existing massage technician permits shall become null and void unless the permittees have produced and had approved by the Chief of Police diplomas or certificates of graduation within the two (2) year period established by this section. (2395-11 /79) 10/92 O Huntington Beach Municipal Code 5.24. 190--5.24.230(a) 5.24.190 Permit renewal . Permits for massage establishments and massage technicians may be renewed on a year—to—year basis provided that the permittees continue to meet the requirements set out in this chapter. The renewal fee for massage establishments shall be one hundred dollars ($100) and the renewal fee for massage technicians shall be twenty—five dollars ($25) . (2395-11 /79) 5.24.200 Permits nontransferable. No massage establishment permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of a permit is thereafter issued or sold, transferred or -assigned. No permit issued to a massage technician is transferable. (2395-11 /79) 5.24.210 Number of establishments limited. No more than ten (10) valid permits for massage establishments shall be authorized by the City Council to operate in the City of Huntington Beach. (2395-11 /79) 5.24.220 Massage establishment--Change of location or name. (a) No massage establishment shall move from the location specified on its permit until a change of location fee in the sum of twenty—five dollars ($25) has been deposited with the City, and approval has been obtained from the Chief of Police and the Planning Department. Such approval shall not be given unless all requirements and regulations , as contained in the City' s codes, have been met. (b) No permittee shall operate, conduct, manage, engage in, or carry on the business of massage establishment under any name other than his name and the name of the massage establishment as specified on his permit. (c) Any application for an extension or expansion of a building or other place of business where a massage establishment is located shall require inspection and shall comply with the provisions and regulations of this chapter. (2395-11/79) 5.24.230 Prohibited conduct. (a) A massage technician shall not massage the genitals or anus of any patron, or the breasts of any female patron, and such practices shall not be allowed or permitted by the massage establishment permittee. 10/92 0 5.24.230(b)--5.24.250 Huntington Beach Municipal Code (b) A massage permittee technician shall not violate the provisions of sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage establishment permittee. (c) Massage technicians shall be clothed at all times and shall not expose their genitals, pubic area, buttocks , or in the case of female technicians, their breasts , and such practices shall not be allowed or permitted by the massage establishment permittee. (d) A massage technician shall not massage a patron of one sex within the view of a patron of the opposite sex, and such practices shall not be allowed or permitted by the massage establishment permittee. (e) A massage technician shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by the massage establishment permittee. (f) A massage technician shall not give massages at any location other than on the premises of a massage establishment with a valid permit, or at any massage establishment other than the one specified on the technician' s permit(s) . Proof of knowledge of any violation of this section shall not be required to be shown where a massage establishment permit is suspended or revoked. (2395-11 /79, 2726-10/84) 5.24.240 Violation--Penalty. Any person violating the provisions of sections 5.24.020, 5.24.090, 5.24.160, 5.24.170, 5.24.220 and 5.24.230 shall be guilty of a MISDEMEANOR, punishable by a fine of five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. (2395-11/79, 2726-10/84, 3173-10/92) 5.24.250 Permit suspension and revocation. The Chief of Police, or his designee, may suspend or revoke a permit if a permittee has: (a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit; or (b) Violated any provision of this chapter or of any statute relating to his permitted activity; or (c) Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare of the public; or (d) Demonstrated that he is unfit to be trusted with the privileges granted by the permit. The permittee shall be provided with written notice by first class mail , postage prepaid, of such suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen (15) days of the date of mailing of the notice of denial , suspension or revocation. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final 10/92 tl Huntington Beach Municipal Code 5.24.250--5.24.270(c) decision has been rendered by the City Administrator, or his designee, unless permittee has requested a continuance, as provided elsewhere in this chapter. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. (2395-11 /79, 2726-10/84, 2777-7/85) 5.24.260 Appeal procedure. (a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen (15) days after the filing of the notice of appeal . (b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten (10) days prior thereto to the permittee at the address given in the notice of appeal , or if none is provided, to the address set forth in the permit application. (c) The City Administrator, or his designee, in his sole discretion, may grant or deny continuance; may dissolve stays of pending orders of denial , suspension or revocation; and may appoint outside hearing officers. (d) The City Administrator, or his designee, shall determine, after consideration of all evidence presented, whether a permit should be issued, reinstated, suspended or revoked. The decision of the City Administrator, or his designee, shall be final . (e) The City Administrator shall establish written administrative regulations implementing the provisions of this section. (2395-11 /79, 2726-10/84) 5.24.270 Appeal--Hearinq. The following rules of evidence shall apply: (a) Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence. (b) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness. (c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for herein. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs' regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent that they now, or are hereafter permitted in civil actions; and irrelevant, collateral , undue, and repetitious testimony shall be excluded. (2395-11 /79, 2726-10/84) 10/92 b 5.24.340 Huntington Beach Municipal Code , 5.24.340 Unlawful operation declared nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions , proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. He shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (2395-11 /79) I 10/92 5 . 24 .010 ,y Chapter 5 .24 MASSAGE ESTABLISHMENTS Sections : 5 . 24 .010 Definitions. 5 . 24 . 020 Massage establishment--Permit required . 5 . 24 . 030 Massage establishment--Application for permit-- Fees . 5 . 24 . 040 Massage establishment--Application--Contents . 5 . 24 . 050 Massage establishment--Applicant to appear . 5 . 24 .060 Massage establishment--Application--Investigation . 5 . 24 . 070 Massage establishment--Permit--Refusal--Appeal . 5 . 24 . 080 Massage establishment--Permit restriction . 5 . 24 . 090 Massage technician--Permit required . 5 . 24 . 100 Massage technician permit--Application . 5 . 24 . 110 Massage technician application--Contents . 5 . 24 . 120 Repealed Ordinance No. 2466, 4 Feb 1981 5 . 24 . 130 Massage technician--Permit--Issuance . 5 . 24 . 140 Massage technician--Permit--Denial--Appeal . 5 . 24 . 150 Exemptions . 5 . 24 . 160 Massage establishment--Facilities . 5 . 24 . 170 Massage establishment operation . 5 . 24 . 180 Existing massage technician permits--Validity. 5 . 24 . 190 Permit renewal . 5 . 24 . 200 Permits nontransferable . 5 . 24 . 210 Number of establishments limited . 5 . 24 . 220 Massage establishment--Change of location or name . 5 . 24 . 230 Prohibited conduct . 5 . 24 . 240 Violation--Penalty. 5 . 24 . 250 Permit suspension and revocation . 5 . 24 . 260 Appeal procedure . 5 . 24 . 270 Appeal--Hearing . 5 . 24 . 340 Unlawful operation declared nuisance . 5 . 24 .010 Definitions . Unless the particular provision or the context otherwise requires , the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter . ( a ) "Massage" means any method of pressure on, or friction against or stroking , kneading, rubbing , tapping , pounding , vi- brating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical 119-1 5 . 24 .020--5 . 24 .030 apparatus or appliance, or with or without supplementary aids such as rubbing alcohol , liniment , antiseptic , oil , powder , cream, ointment , or other similar preparations commonly used in this practice . (b) "Massage establishment" means any establishment having a fixed place of business where any individual , firm, associa- tion, partnership, corporation, or combination of individuals , engages in, conducts , carries on or permits to be engaged in, conducted or carried on, massages , baths , or health treatments involving massage or baths as the major function. ( c) "Recognized school of massage" means any school or institution of learning which teaches the theory, ethics , prac- tice , profession, or work of massage , which school or institu- tion complies with the California Education Code and with the California Department of Education ' s standards ( 5 California Administrative Code section 18829 ) , and which requires a resi- dent course of study of not less than 100 hours before the stu- dent shall be furnished with a diploma or certificate of grad- uation . Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school . ( Ord . 2466 , 4 Feb 81 ; Ord . 2395 , 11/79 ) 5 . 24 . 020 Massage establishment--Permit required . It shall be unlawful for any person , association , partnership or corpo- ration to engage in, conduct or carry on, in or upon any prem- ises within the city of Huntington Beach the business of a mas- sage establishment without a permit issued pursuant to the pro- visions of this chapter for each and every such massage estab- lishment . (Ord . 2395 , 14 Nov 79 ) 5 . 24 .030 Massage establishment--Application for permit-- Fee . a Any person, corporation or partnership desiring to obtain a permit to operate a massage establishment shall make application to the chief of police or his designated represen- tative. Prior to submitting such application, a nonrefundable fee of two hundred dollars ( W0 ) shall be paid to the city clerk to defray, in part , the cost of investigation and report required by this chapter . The city clerk shall issue a receipt showing that such application has been paid . The receipt , or a copy thereof , shall be supplied to the chief of police at the time such application is submitted . (b) The application for permit does not authorize con- ducting a massage establishment until such permit has been granted . (Ord . 2395 , 14 Nov 79) 120 f i 5 .24 .040 5 .24 .040 Massage establishment--Application--Contents . Each applicant for a massage establishment permit shall furnish the following information: (a ) The full , true name and any other names used by the applicant . (b) The present address and telephone number of the appli- cant . (c) The previous addressses of applicant, if any, for a period of five ( 5 ) years immediately prior to the date of the application and the dates of residence at each . (d) Acceptable written proof that the applicant is at least eighteen (18 ) years of age . (e ) The applicant ' s height , weight , color of eyes and hair and date and place of birth . ( f) Two photographs of the applicant at least 2 " X 2 " taken within the last six months . (g) Business , occupation or employment history of the ap- plicant for the five ( 5 ) years immediately preceding the date U of application . (h) The business license history of the applicant and whether such applicant , in previous operations in this or any other city, state, or territory under license, has had such license or permit for a massage establishment or other similar type of business revoked or suspended, the reason therefor , and the business activity or occupation subsequent to such action of suspension or revocation . ( i ) All convictions , including ordinance violations , ex- clusive of traffic violations , stating the dates and places of any such convictions . ( j ) If the applicant is a corporation , the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter , together with the place and date of incorporation , and the names and addresses of each of its current officers and directors , and each stockholder holding more than 5 percent of the stock in the corporation . If the applicant is a partnership, the applicant shall set forth the name , residence address and dates of birth of the partners , 120-1 5 . 24 .050--5 .24 .060 including limited partners . If the applicant is a limited par- tnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk . If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corpora- tion or partnership shall designate one of its officers or gen- eral partners to act as its responsible managing officer . Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter , but only one application fee shall be charged. (k ) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement . (1 ) Such other identification and information as the po- lice department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application . -- (m) The chief of police shall require the applicant to furnish fingerprints . (Ord. 2395 , 14 Nov 79 ) 5 .24 .050 Massage establishment--Applicant to appear . The j applicant , if an individual , or designated responsible managing officer , if a partnership or corporation , shall personally ap- pear at the police department of the city of Huntington Beach and produce proof that the two hundred dollar ( $200 ) applica- tion fee has been paid and shall present the application con- taining the aforementioned and described information . (Ord. 2395 , 14 Nov 79 ) 5 .24 .060 Massage establishment--Application--Investiga- tion. The chief of police shall have sixty (60 ) days to inves- tigate the application and the background of the applicant . Upon completion of the investigation, the chief of police shall grant the permit if he finds: (a ) The required fee has been paid . (b ) Application conforms in all respects to the provisions of this chapter . (c ) The applicant has not knowingly made a material mis- representation in the application. (d) The applicant has fully cooperated in the investiga- 120-2 5 . 24 .060 tion of his application . ( e ) The applicant , if an individual , or any of the stock- holders of the corporation , any officers or directors , if the applicant is a corporation , or any of the partners , including limited partners , if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an of- fense involving conduct which requires registration under Cali- fornia Penal Code section 290 , or of conduct violating Penal. Code sections 314 , 31.5 , 31.6 , 318 , 647 (a ) , 647 (b ) and 647 �hj, or convicted of an attempt to commit any of the above- mentioned offenses or convicted in any state of any offense which if committed or attempted in this state , would have been punishable as one or more of the abovementi.oned offenses , or any crime involving dishonesty , fraud , deceit , or moral turpi- tude . ( f ) Applicant has completed all portions of the applica- tion . ( g ) The massage establishment , as proposed by applicant , would comply with all applicable laws , including but not lim- ited to zoning, fire and safety requirements and standards . (h ) The applicant is at least eighteen ( 18 ) years of age . ( i ) The applicant possesses good moral character and is a fit person to be trusted with the privilege granted by such permit . ( j ) The applicant has not engaged in conduct which Would constitute grounds for suspension or revocation under this chapter . If relevant Department of Justice state summary criminal history information is not received within the sixty-day inves- tigation period , the chief of police is authorized to issue a temporary permit . A final decision granting or denying a per- mit shall be made after receipt of such summary criminal his- tory information . If the permit is granted , its effective date shall be the date of issuance of the temporary permit . If the permit is denied , the temporary permit shall expire upon notice of denial . Temporary permits shall be issued for a ninety-day period . The chief of police , i-n his discretion , may extend such tempo- rary permit . (Ord . 2777 , 31 Jul 85 ; Ord . 2726 , 10/84; 120-3 5 . 24% 070--5 . 24 . 110 Ord . 2.395 , 11./79 ) 5 . 24 . 070 Massage establishment--Permit--Refusal--Appeal . If tie chief police , following investigation of the appli- cant , finds that the applicant does not fulfill the require- ments set forth in this chapter , he shall deny the application and notify the applicant by certified mail of such denial . Any applicant who is denied a permit �by the chief of police may +ppea.l_ such denial to the city administrator , pursuant to the provisions of this chapter . (Ord . 2726 , 17 Oct 84 ; Ord . 2395 , 11/79 ) 5 . 24 . 080 Massage establishment--Permit restriction . The possession of a valid massage establishment permit does not authorize the permittee to perform work for which a massage technician permit is required . (Oral . 2395 , 14 Nov 79 ) 5 . 24 . 090 Massage technician--Permit required . It shall be unlawful for any person to act as a massage technician unless such person holds a valid permit issued by the city of Huntington Beach pursuant to the provisions of this chapter . In the event the applicant seeks employment at a massage estab- t lishment other than that indicated on the original application , an additional application and fee of twenty- five dollars ( $25 ) must be submitted . ( Ord . 2395 , 1.4 Nov 79 ) 5 . 24 . 100 Massage technician permit--Application . Any per- son desiring to obtain a permit to act as a massage technician shell. make application to the chief of police or his designated representative . Prior to submitting application , a nonrefund- able fee of fifty dollars ( $50 ) shall be paid to the city clerk to defray , in part , the cost of investigation and report re- quired by this chapter . The city clerk shall issue a receipt showing that such application fee has been paid . The receipt , or a copy thereof , shall be supplied to the chief_ of police at the time such application is submitted . An application for a permit does not authorize acting as a massage technician until a permit has been granted . ( Ord . 2395 , 14 Nov 79 ) 5 . 24 . 110 Massage technician application--Contents . In addition to all the information required by section 4 .040 of this chapter , each application for massage technician permit shall contain the following: (a ) A diploma or certificate of graduation from a recog- ,�,_ 120-4 5 .24.130 r nized school . (b) The massage establishment ' s full name, address and phone number at which the applicant will be employed. (c) Such other identification and information as the po- lice department may .require :in order to discover the truth of the matters hereinbe.fore .specified as required to be set forth in the application . (d) The chief of police :sha.11 require the applicant to furnish fingerpr.i:nts.. (e) The chief of .police .shall require the applicant to furnish a statement from .a -physician., licensed to practice in' the state of Cali.for!nia_, that he/sh,e has been examined within the past thirty ( 30 ) days prior to submitting the application, and has been found free of .any communicable disease. (Ord . 2777 , 31 Ju1 .85 ; Ord. 239.5., 11/79 ) 5 .24 .130 Massage 't.echnician--.Permit--Issuance. The chief of police shall have thirty 30 days to investigate the appli- cation and the background of the applicant. Upon completion of the :investi�ga.tion, the ch1e.f -of police .shall grant the permit if, in addition to the findi.n,gs ,set out in .section 5 .24 .060, the .following requir,emen.t.s .have been :met: (.a) The applicant has .grad.uated from ,a recognized school of massage prior to issuance of the .-permit and furnished an acceptable diploma :or certificate of graduation. (.b) The applicant .h-a,s :nothad a .massage establishment per- mit or massage te.chnician ':s permit or other similar license or permit denied or revoked for cause by this city within one (1 ) year prior to the date of application . (c ) The applicant has complied with section 5 .24 .110 (e ) of this chapter . If relevant Department of Justice state summary criminal history information has not been received within the thirty ( 30 ) day investigation period, the chief 'of police is author- ized to issue a temporary per:mit.. A final decision granting or denying a permit sha:ll 'be made -after receipt of such summary criminal history information,. If the permit is granted, its effective date shall be the date .of issuance of the temporary permit . If the permit is den.ied,, the temporary permit shall 120-5 5 .24. 140--5 .2z.-.160 expire upon notice of denial . Temporary permits shall be issued for a ninety (90 ) day period. The chief of police, in his discretion, may extend such temporary permit. (Ord. 2777 , 31 Jul 85 ; Ord. 2466 , 2/81; Ord. 2395 , 11/79 ) 5 .24 .140 Massage technician--Permit '-Denial--Appeal . If the chief of police, following investigation of the applicant , finds that the applicant does not fulfill the requirements set forth in this chapter , he shall deny the application and notify the applicant by certified mail of such denial . Any applicant denied a permit by the chief of police may appeal such denial to the city administrator pursuant to the provisions of this chapter . (Ord. 2726 , 17 Oct 84; Ord . 2395 , 11/79 ) 5 .24 . 150 Exemptions . The provisions of this chapter shall not apply to the o owing classes of individuals while engaged in performing the duties of their respective professions: (a ) Physicians , surgeons , chiropractors , osteopaths , and physical therapists duly licensed to practice in the state of California. r� (b) Hospitals , nursing homes , sanitoriums , or other health care facilities duly licensed by the state of California . (c) Nurses duly registered by the state of California. (d) Barbershops and beauty parlors, barbers and beauti- cians when engaged in the practice for which they are licensed by the state of California . (e) Accredited high schools and colleges , and coaches and trainers employed therein while acting within the scope of their employment . ( f) Trainers of any amateur , semi-professional or profes- sional athlete or athletic team. (Ord . 2395 , 14 Nov 79 ) 5 .24 . 160 Massage establishment--Facilities . Every massage establishment shall maintain facilities meeting the following requirements : (a ) Sign - subject to applicable provisions of the city ' s codes , a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establish- I 120-6 1 5 .24 .170 ment . (b) Lighting - minimum lighting shall be provided in ac- cordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty (40 ) watts shall be provided in each room or enclosure where massage services are performed on patrons . (c ) Ventilation - minimum ventilation shall be provided in accordance with section 1105 of the Uniform Building Code, Volume I . (d ) Equipment - adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (e ) Water - hot and cold running water shall be provided at all times . ( f) Linen storage - closed cabinets shall be provided for storage of clean linens , and approved receptacles shall be pro- vided for the deposit of soiled linen . (g) Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms , separate dressing facilities shall be provided for male and female patrons , and each sepa- rate facility or room shall be clearly marked as such . (h ) Bathing, dressing, locker , toilet facilities - ade- quate bathing, dressing, locker , and toilet facilities shall be provided for patrons . A minimum of one tub or shower , one dressing room containing a separate locker for each patron to be served , which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided for every massage establishment . ( i ) Pads used on massage tables shall be covered in a pro- fessional manner with durable , washable plastic or other water- proof material acceptable to Orange County health department . ( j ) Compliance with code - proof of compliance with all applicable provisions of the Huntington Beach Municipal Code shall be provided prior to the issuance of any permit . (Ord . 2395 , 14 Nov 79 ) 5 .24 .170 Massage establishment operation . Every massage u 120-7 5 .24 .170 establishment shall comply with the following operating re- quirements: (a ) Each person employed or acting as a massage technician shall have a valid permit issued by the city of Huntington Beach, and it shall be unlawful for the owner , operator , re- sponsible managing employee, manager or permittee in charge of or in control of the establishment to employ or permit a person to act as a massage technician, as defined in this chapter , who does not possess a valid massage technician ' s permit . (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a .m. and 12 midnight . (c ) A list of services shall be posted in an open, public place on the premises , and shall be described in readily under- stood language . No owner , operator , responsible managing em- ployee , manager , or permittee shall permit, and no massage technician shall offer to perform any services other than those posted. (d ) The massage establishment permit shall be displayed in an open and conspicuous place on the premises . A copy of the permit of each and every massage technician, employed in the establishment , shall also be kept on the premises , available for examination upon demand by any police officer of the city. i (e ) Towels and linens shall not be used on more than one ( 1 ) patron unless they have first been laundered and disin- fected . Disposable towels and coverings shall not be used on more than one ( 1 ) patron . ( f ) Wet and dry heat rooms , steam or vapor rooms or cabi- nets , shower rooms and compartments , toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open , with a disinfectant approved by the health department . Bathtubs shall be thor- oughly cleaned after each use . All walls , ceilings , floors , and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition . (g) Instruments utilized in performing massage shall not be used on more than one ( 1 ) patron unless they have been ster- ilized using approved sterilizing methods . (h) Where a covering is furnished by the massage estab- 120-8 b 5 .24 .180--5 .24 .190 lishment , it shall not be used by more than one (1 ) patron un- til it has first been laundered and disinfected. ( i ) No person shall enter , be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug except a prescription drug . The owner , operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises . ( j ) Every massage establishment shall be open at all times during business hours for inspection by any officer of the city of Huntington Beach . (k ) All exterior doors shall remain unlocked from the in- side during business hours . (1 ) No massage establishment shall simultaneously operate as a school of massage , or share facilities with a school of massage except in compliance with the provisions of Title 5 , California Administrative Code section 18829 and applicable requirements of the Department of Education . (Ord. 2466, 4 Feb 81; Ord . 2395 , 11/79 ) 5 . 24 . 180 Existing massage technician permits--Validity. Each person having an existing masseuse technician permit with the city of Huntington Beach at the time this chapter becomes effective , shall , in addition to all other provisions of this chapter , obtain a diploma or certificate of graduation from a recognized school of massage within a period of two ( 2 ) years from the effective date hereof . All such diplomas or certifi- cates of graduation shall be submitted to the chief of police, or his designated representative, for approval . All existing massage technician permits shall become null and void unless the permittees have produced and had approved by the chief of police diplomas or certificates of graduation within the two (2 ) year period established by this section . (Ord. 2395 , 14 Nov 79 ) I 5 . 24 . 190 Permit renewal . Permits for massage establish- ments and massage technicians may be renewed on a year-to-year basis provided that the permittees continue to meet the re- quirements set out in this chapter . The renewal fee for mas- sage establishments shall be one hundred dollars ($100 ) and the renewal fee for massage technicians shall be twenty-five dollars ($25 ) . (Ord. 2395 , 14 Nov 79 ) 120-9 I 4 • 5 .24 .200--5 .24.220 5 .24 . 200 Permits nontransferable . No massage establish- ment permit may be sold, transferred or assigned by a per- mittee , or by operation of law, to any other person or per- sons . Any such sale , transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall there- after be null and void; provided and excepting, however , that if the permittee is a partnership and one or more of the part- ners should die, one or more of the surviving partners may ac- quire, by purchase or otherwise , the interest of the deceased partner or partners without effecting a surrender or termina- tion of such permit, and in such case , the permit, upon notifi- cation to the chief of police , shall be placed in the name of the surviving partners . A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, trans- ferred or assigned after the issuance of a permit , or any stock authorized but not issued at the time of the granting of a per- mit is thereafter issued or sold, transferred or assigned . No permit issued to a massage technician is transferable . (Ord. 2395 , 14 Nov 79 ) 5 . 24 .210 Number of establishments limited. No more than ten 10 valid permits for massage establishments shall be au- thorized by the city council to operate in the city of Huntington Beach . (Ord . 2395 , 14 Nov 79 ) 5 .24 .220 Massage establishment--Change of location or name . a No massage establishment shall move from the loca- tion specified on its permit until a change of location fee in the sum of twenty-five dollars ( $25 ) has been deposited with the city, and approval has been obtained from the chief of po- lice and the planning department . Such approval shall not be given unless all requirements and regulations , as contained in the city ' s codes , have been met . (b ) No permittee shall operate, conduct , manage, engage in, or carry on the business of massage establishment under any name other than his name and the name of the massage establish- ment as specified on his permit . (c) Any application for an extension or expansion of a building or other place of business where a massage establish- ment is located shall require inspection and shall comply with the provisions and regulations of this chapter . (Ord. 2395 , 120-10 o 5 .24 . 230--5 .24 . 240 14 Nov 79 ) 5 . 24 .230 Prohibited conduct . (a ) A massage technician shall not massage the genitals or anus of any patron, or the breasts of any female patron, and such practices shall not be allowed or permitted by the massage establishment permittee . (b) A massage permittee technician shall not violate the provisions of sections 647 (•a ) and (b ) of the California Penal Code, or any other state law involving a crime of moral turpi- tude, and such practices shall not be allowed or permitted by the massage establishment permittee . (c ) Massage technicians shall be clothed at all times and shall not expose their genitals, pubic area, buttocks , or in the case of female technicians , their breasts , and such prac- tices shall not be allowed or permitted by the massage estab- lishment permittee . (d ) A massage technician shall not massage a patron of one sex within the view of a patron of the opposite sex, and such ;ram practices shall not be allowed or permitted by the massage es- tablishment permittee . (e ) A massage technician shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be al- lowed or permitted by the massage establishment permittee . ( f ) A massage technician shall not give massages at any location other than on the premises of a massage establishment with a valid permit, or at any massage .establishment other than the one specified on the technician ' s permit (s ) . Proof of knowledge of any violation of this section shall not be required to be shown where a massage establishment per- mit is suspended or revoked . (Ord. 2726 , 17 Oct 84; Ord . 2395 , 11/79 ) 5 . 24 . 240 Violation--Penalty. Any person violating the provisions of sections , 5 .24 .090 , 5 . 24 .160 , 5 .24 . 170 , 5 .24 . 220 and 5 .24 . 230 ( f) shall be guilty of a MISDEMEANOR, pun- ishable by a fine of five hundred dollars ( $500 ) or by impris- onment in the county jail for a period not to exceed six (6 ) months , or by both such fine and imprisonment . (Ord . 2726 , 17 Oct 84; Ord . 2395 , 11/79 ) 120-11 n Y 5 .24.250--5 . 24 . 260 5 . 24 . 250 Permit suspension and revocation. The chief of police , or his designee , may suspend or revoke a permit if a permittee has: (a ) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit; or (b ) violated any provision of this chapter or of any stat- ute relating to his permitted activity; or (c) Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare of the pub- lic; or (d ) Demonstrated that he is unfit to be trusted with the privileges granted by the permit . The permittee shall be provided with written notice by first class mail , postage prepaid, of such suspension or revo- cation . The permittee may file an appeal with the city clerk within fifteen ( 15 ) days of the date of mailing of the notice of denial , suspension or revocation . In the event an appeal is timely filed, the suspension or revocation shall not take ef- fect, until final decision has been rendered by the city admin- istrator , or his designee, unless permittee has requested a continuance, as provided elsewhere in this chapter . If no ap- peal is filed, the suspension or revocation shall become effec- tive upon expiration of the period for filing appeals . (Ord. 2777 , 31 Jul 85 ; Ord. 2726 , 10/84; Ord. 2395 , 11/79 ) 5 .24 .260 Appeal procedure. (a ) The city administrator , or his designee, shall schedule a hearing to be held within fifteen ( 15 ) days after the filing of 'the notice of appeal . (b ) Notice of the date , time and place of the hearing shall be mailed, postage prepaid, at least ten ( 10 ) days prior thereto to the permittee at the address given in the notice of appeal , or if none is provided, to the address set forth in the permit application . (c ) The city administrator , or his designee, in his sole discretion , may grant or deny continuance; may dissolve stays of pending orders of denial , suspension or revocation; and may appoint outside hearing officers . (d) The city administrator , or his designee, shall deter- mine , after consideration of all evidence presented, whether a t 120-12 5 . 24 .270--5 .24 . 340 permit should be- issued, reinstated, suspended or revoked . The decision of the city administrator , or his designee, shall be final . (e ) The city administrator shall establish written admin- istrative regulations implementing the provisions of this sec- tion. (Ord . 2726 , 17 Oct 84; Ord. 2395 , 11/79 ) 5 .24 .270 Appeal--Hearing. The following rules of evidence shall apply: (a ) Oral evidence shall be taken only under oath or af- firmation . The hearing officer shall have authority to admin- ister oaths , and to receive and rule on admissibility of evi- dence . (b ) Each party shall have the right to call and examine witnesses , to introduce exhibits , and to cross-examine opposing witnesses who have testified under direct examination . The hearing officer may call and examine any witness . (c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for herein . Any relevant evidence may be admitted if it is material and is evidence cus- tomarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence im- proper over objection in civil actions . Hearsay testimony may be used for the purpose of supplementing or explaining any evi- dence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions . The rules of priv- ilege shall be applicable to the extent that they now, or are hereafter permitted in civil actions; and irrelevant , collat- eral , undue , and repetitious testimony shall be excluded . (Ord. 2726 , 17 Oct 84; Ord. 2395 , 11/79 ) 5 . 24 . 340 Unlawful operation declared nuisance . Any mas- sage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to, or in lieu of prosecuting a crim- inal action hereunder , commence an action or actions , pro- ceeding or proceedings for abatement, removal or enjoinment thereof , in the manner provided by law. He shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such 120-13 5 . 24 . 340 .� massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter . (Ord. 2395 , 14 Nov 79 ) (Prior law: Ord . 1213 , 6/66; Ord. 1293 , 2/67 ; Ord. 1957 , 2/75 ; Ord . 2007 , 10/75 ; Ord,. 2187 , 6/77 ; Ord . 2361 , 3/79 ; Ord . 2394, 8/79 ) I I 120-14 City Clerk' s Office ------------(FC)--( 3 ) ------------ Evelyn Counter Legislative history (drawer) CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 10/8/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article-36+ qo(o L Article 46+ c?p I � Laura A. Nelson, Deputy Records Division 374-1559 0171N LAI- I � Hun-tington Beach Ordinance Code 9060 Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 10/92 { V 4 q 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They �• refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/61 , 822-4/61 , 880-1/62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92) 10/92 CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 10/8/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 961 Article 9,6+ q o C � I Laura A. Nelson, Deputy Records Division 374-1559 0171N Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations i are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial MI-A Restricted Manufacturing Ml Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 9/92 s r a ' 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maas. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: - (737-11 /59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , r 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92) 9/92 i I r^� CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 9/16/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 961 Article 961 f Laura A. Nelson, Deputy Records Division 374-1559 0171N 1 .5v 9610. 1--9610.2(a)(4) Article 961 SIGNS (917-8/62, 922-9/62, 1105-1/65, 1504-8/69, 2155-2/77, 2215-2/77., 2217-10/77, 2292-8/78, 2438-8/80, 2441-8/80, 2832-8/86, Urg 2874-10/86, 2934-4/88, 3019-12/89, 3042-6/90, 3103-5/91 ) Sections: 9610.1 General provisions 9610.2 Permit procedure 9610.3 Exempt signs 9610.4 Prohibited signs 9610.5 Permitted signs--Schedule 9610.6 Planned sign program 9610.7 Special sign permit 9610.8 Nonconforming signs--Limited sign permit 9610.9 Miscellaneous provisions 9610.10 Definitions 9610.1 General provisions. The purpose of this article is to promote and protect the public health, safety and welfare by regulating existing and proposed signs of all types within the City of Huntington Beach in order to assure a quality visual environment, signs which are compatible with their surroundings and which effectively communicate their message. Signs within the City shall be permitted only as specified in this article, shall reflect a common color and style for a site or use, and shall be maintained in good repair with adjacent areas kept free from trash and debris. The Director shall be authorized and directed to enforce the provisions of this article. (2832-8/86) 9610.2 Permit procedure. A sign permit shall be required prior to the placement, erection, reconstruction, alteration or display of any sign, unless expressly exempt by this article. (a) The approval of a planned sign program pursuant to. section 9610.6 shall be required prior to application for a sign permit for the following requests: (1 ) Existing developments with five or more activities or five or more identification signs where there is a request for a new freestanding sign. (2) A special sign permit or limited sign permit request at a commercial or industrial center. Such planned sign program shall be made a condition and be approved prior to issuance of sign permit. (3) Exposed neon conduit, tubing, or raceways, and lit fascia panels with or without sign copy. (4) Signs which do. not conform to all specific regulations of this article may be authorized by a planned sign program. (5) Changeable copy signs. 5/91 d 9610.2(b)--9610.4 (b) A complete sign application submittal shall include three (3) sets of fully dimensioned plans drawn to scale. Planned sign program packages i shall be a maximum of 8 1/2 x 11 inches. (1) A letter from the property owner approving the proposed signs and authorizing the applicant to submit the sign application in his/her behalf. (2) Sign elevations indicating overall square footage and letter/figure dimensions, letter style, color (indicate standard color number if applicable) , materials, proposed copy and illumination method. (3) Building elevations with signs depicted. (4) For wall signs, method of attachment; for freestanding signs, foundation plan, sign support and attachment plan. (5) Type and method of electrical insulation devices, where applicable. (6) Site plan indicating the location of all proposed signs, as well as any existing signs on the site and their square footages. Photographs should be submitted if available. (7) For planned sign programs, it may be necessary to include a written set of design standards. (2832-8/86) I 9610.3 Exempt signs. The following signs are exempt from permit requirements: (a) Governmental signs, notices or posters. / (b) Real estate signs subject to the limitations specified in this article. (c) Construction signs as defined by this article. (d) No trespassing signs as defined by this article and posted a minimum of one hundred (100) feet apart. (e) Window signs as defined by this article and restricted to a maximum of twenty (20%) percent of the window area. (f) Oil operations signs pursuant to Title 15 of the Huntington Beach Municipal Code. (g) Political signs, provided they do not pose a traffic or safety hazard, are not erected more than forty—five (45) days prior to or removed more than fifteen (15) days after an election. Permission from the property owner shall be secured prior to the placement of such signs. (2832-8/86, Urg. 2874-10/86) 9610.4 Prohibited signs. The following signs are prohibited within the City of Huntington Beach: 5/91 9610.4(a)--9610.4(o) (a) Flashing, moving, pulsating, or intermittently lighted signs, including searchlights; except electronic readerboards and public service signs such as those for time and temperature. (b) Signs which conflict with any traffic control device due to color, wording, design, location, or illumination, or with the safe and efficient flow of traffic, both vehicular and pedestrian. (c) Animals or human beings, live or simulated, utilized as signs. (d) Loudspeakers, or signs which emit sound, odor, or visible, matter. (e) Mechanical movement signs. (f) Roof signs as defined by this article. (g) Projecting signs as defined by this article. (h) (Deleted per Ord No. 3042-6/90) (i ) Banners, flags, kites, pennants, or balloons, except if permitted as temporary signs pursuant to section 9610.9(a) . (j) Signs which constitute a nuisance or hazard due to their intensity of light. �. (k) Billboards or advertising structures, including any off—site signs installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is located, except subdivision directional signs pursuant to section 9610.9(c) . (1 ) Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the sign within sixty (60) days of the business' closing date. (m) Portable signs including "A—frame" signs and those of a similar nature which are not permanently attached to the ground or building. (n) Vehicle signs, signs affixed to automobiles, trucks, trailers or other vehicles on private or public property for the basic purpose of advertising, identifying, or providing direction to a use or activity not related to the lawful use of the vehicle for delivering merchandise or rendering services. Any such vehicles which have as their primary purpose to serve as a nonmoving sign display. (o) Signs on any public property or projecting within the public right—of—way, except political signs and those required by law. This section shall not prohibit the placement of advertising panels on public service items including but not limited to trash receptacles, bicycle racks, bus benches, transit shelters, and telephone booths, within public rights—of—way or in publicly—operated beaches or parks provided such items are placed in accordance with an agreement granted by the City 5/91 I 9610.4(o)--9610.5 Council or a franchise pursuant to the City Charter. Any such advertising shall be subject to the locational criteria contained in Chapter 12.36 of the Municipal Code and approval by the Planning Commission. (2832-8/86, Urg. 2874-10/86, 2934-4/88, 3042-6/90) 9610.5 Permitted signs--Schedule. All signs shall be governed by the following schedule, except if addressed elsewhere in this article. The schedule lists maximum standards for number, area, and height of allowed signs which does not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to building setbacks, visibility of attached signing on the site, and the proposed sign' s relationship to the overall appearance of the property, to the surrounding neighborhood, and to community goals. Compatible design, simplicity, and sign effectiveness shall be used as guidelines for sign approval . The Planning Commission may, in addition, from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the community. (a) RESIDENTIAL USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS / NUMBER AREA PER SIGN HEIGHT Neighborhood f/s or 1 per street 1 sq ft per dwelling 6 ft 1. Signs shall be affixed to perimeter wall Identification wall entrance unit, max. 50 sq ft or placed within a landscaped planter. 2. Sign copy shall be limited to 18 inches in height, name of development only. One on each side of .5 sq ft per dwelling 3. Freestanding signs shall be setback entrance unit, max. 25 sq ft 20 ft from any interior property line. Placement shall conform to Diagram A. Vacancy Signs for Mall One per street 6 sq ft Below 1. Copy limited to "vacancy", type of unit multi—family developments frontage roofline available, and source of information. 1 5/91 (b) COMMERCIAL USE OF SIGH TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Alt. A f/s One per site 50 sq ft 7 ft 1. Bonus sq ft stated shall be for signs Business Identification with an opaque background and internal for sites less than 400 60 sq ft for bonus illumination for items of information ft on one frontage signs only. Alt. B f/s One freestanding sign 30 sq ft 7 ft 2. Signs shall be located in a landscaped Business Identification may be permitted if no planter a minimum of 2 feet wider for corner sites with wall signs are placed 40 sq ft for bonus than the sign itself. Square poles less than 400 ft on one on bldg. identified signs or other architectural treatment and frontage a minimum clearance of 7.5 ft. shall Q� be required, except if the sign is Alt. C Provisions below for 8 ft. or less in height it shall be Business Identification wall signs shall apply of monument type, minimum 2 ft base. for buildings which Wall and no freestanding ' Placement shall conform with encroach into setback by sign shall be permitted. Diagram A. increased landscaping Separate freestanding signs for center 3. Primary sign copy shall be limited identification shall to center and/or major tenant still be allowed else— identification only. Maximum twelve where as permitted items of information. below. Secondary sign copy shall be limited to business identification only. Maximum Alt. D One per street frontage 70 sq ft 15 ft. eight items of information. No (1) Center Identification f/s business shall have more than one for sites with over 400 80 sq ft for bonus 15.5 ft freestanding sign facing each frontage. ft on one frontage signs 4. Tenant directories shall have low intensity internal or external (2) Secondary business f/s Two per 400 ft frontage 30 sq ft 7 ft illumination, subject to staff approval, identification for sites For sites with over and shall be oriented to pedestrians and with over 400 ft on one 1300 ft frontage, motorists on the site. Minimum 30 ft frontage. number shall be subject setback from exterior property lines. to planned sign program Minimum distance of 25 ft between directory and other freestanding signs on the site. Tenant Directory where f/s One per site 30 sq ft 7 ft 5. Monument signs shall be located a site has 3 or more or minimum distance of 200 ft apart. activities wall Business Identification wall One per street or 1.5 sq ft per lineal Below 1. Signs over 50 sq ft in area shall have an parking lot frontage ft of bldg frontage. roofline opaque background and internal for each separate If business has more illumination for items of information business on the than one frontage, only. ground floor. no sign shall exceed 1.5 sq ft of the wall 2. Placement shall conform to Diagram B. it is placed upon. 3. One nameplate may be placed at each door, Channel letter signs: loading dock, or other entrance facing 10% bonus after above a public street; max 6 sq ft. j above calculation. Max. 200 sq ft per business for all wall signs. Under One per business 8 sq ft Minimum 1. Canopy sign shall be attached l canopy ground perpendicular to the building face, clearance centered above the store entrance or 8 ft lease length. i 2. Sign shall be unilluminated. (b) COMMERCIAL (continued) USE OF SIGN TYPE MAXIMMUlM MAXIKJM MAXIMMM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Electronic Readerboards (See Section 9610.9 for specifications) Changeable Copy f/s One per site 30% of allowable area See Alt To be combined with permitted sign. - Hotel with convention A, B. C, facility D. - Live entertainment f/s One per site 30% of allowable area See Alt To be combined with permitted sign. A, B. C. D. - Tenant Directory f/s One per site (See tenant Directory Above) - Menu Board f/s or One per site- 10 sq ft 7 ft May be in addition to permitted sign. wall (c) INDUSTRIAL AND MIXED USE USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Business Identification f/s One per site Under 1 acre: 32 sq ft 7 ft. 1. Freestanding signs and structures shall be completely located within a landscaped Industrial centers planter. over 1 acre: 50 sq ft 2. Freestanding signs shall conform to Diagram A. 3. Signs shall be of monument type. 4. External illumination only. Wall One per street or parking 1 sq ft per lineal ft Below 1. No internal illumination permitted. lot frontage for each of building frontage. roofline separate business. 2. One nameplate may be placed at each door, Channel letter signs loading dock, or other entrance facing a receive a 10% bonus public street; max. 6 sq ft after the above calculation. Max. 100 sq ft r. (d) SERVICE STATIONS USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Business Identification f/s One per site Alternative A: 7 ft 1. Service Stations with convenience markets 20 sq ft if sign shall use Alternative A. contains only identification and no 2. Freestanding signs and structures shall changeable copy be completely located within a landscaped panels for pricing. planter. Alternative B: 3. Signs shall be of monument type. 50 sq ft if price information is incorporated on sign. Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site. Mall One per street frontage 1 sq ft per lineal ft Below 1. Internal illumination for channel letters of building frontage; roofline only. Max. 40 sq ft 2. If canopy fascia signs are used for business identification, no wall signs shall be permitted on the building. Canopy One per street frontage 10 sq ft Confined 3. Maximum letter height for fascia signs Fascia to fascia shall be 75% of the width of the fascia. Fuel Price and credit f/s One per street frontage 12 sq ft 6 ft 1. Price signs shall advertise fuel prices information in conjunction with only and no other product available. Alternative A sign. Price signs shall be 2. Freestanding signs and sign structures located a minimum 15 ft shall be completed located within a from other freestanding landscaped planter. signs. Pump Instructions or Attached One per canopy column. 2 sq ft 10 ft 1. No other signs shall be permitted on the Identification to pump canopy or column except as specified; island spandrel signs shall be prohibited. column 2. Signs encompassed within a fuel pump or required by State or Federal government shall not be regulated by this ordinance. No signs shall be permitted on the top of the pumps. (e) CHURCHES, SCHOOLS, AND COMMERCIAL RECREATIONAL USES WITHIN PUBLIC PARKS USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Identification f/s One per site 32 sq ft 7 ft 1. Freestanding signs shall be completely located within a landscaped planter. 2. Signs shall be of monument type. Wall One per use 1 sq ft per lineal ft Below 3. Freestanding signs shall be setback 5 ft of bldg frontage Max. roofline from any interior property line. 32 sq ft Changeable Copy f/s One per site 30% of allowable area 7 ft To be combined with permitted sign. wall One per site 10 sq ft — May be in addition to permitted sign. 9610.6--9610.6(a) r (f) PERMITTED IN ALL DISTRICTS USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS 1XMBER AREA PER SIGN HEIGHT Building Identification Wall One per street frontage 2% of the wall face to Shall be 1. Such sign shall be in addition to that for bldgs. over 100 ft in which it is attached; placed which is permitted elsewhere in this height Max. 200 sq ft within article. top 25 ft of bldg REAL ESTATE f/s 1. Real estate signs shall be removed — Residential Districts One per site 8 sq ft 6 ft immediately after sale or lease, which or shall be defined as the close of escrow. — Office/Professional One per site 20 sq ft 10 ft Districts wall 2. Signs shall not be attached to the perimeter walls of residential — Commercial/Industrial One per street frontage 30 sq ft 12 ft communities or create any hazard for Districts traffic or pedestrians. — Miscellaneous/All other One per street frontage 20 sq ft 10 ft 3. Open house signs and flags may be Districts displayed only during daylight hours and when the property is available for inspection. Open House Signs and Real f/s One sign 6 sq ft 4 ft Estate Flags 4. Open house signs may only be placed at the immediate points of access to a Three flags per sight 2.5 sq ft 6 ft residential subdivision from an arterial. Placement shall be in the parkway only and not in street medians or dividers. I Directional and f/s One per parking lot 2 sq ft 4 ft 1. No business identification, product j Convenience Signs entrance as approved by information, or logos permitted. Copy the Director or by limited to "entrance,""exit,""drive planned sign program thru," etc. I 9610.6 . Planned sign program. The purpose of these provisions is to encourage coordinated and quality sign design as well as permit more flexible sign standards for commercial and industrial centers. The process is not intended, however, to circumvent any of the objectives of this article. The provisions of section 9610.5 shall be used as a guide in the design of a planned sign program which shall be equivalent to minimum standards. The Director shall review and approve planned sign programs subject to the requirements listed below. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved planned sign program. (a) Signs shall reflect a common theme, incorporating similar design elements in terms of materials, letter style, colors, illumination, sign type and sign shape. 5/91 f 9610.6(b) — 9610.8(a)(4) (b) Signs shall utilize materials, colors, and a design motif which is compatible with the architecture of the buildings. (c) Signs shall be consistent with surrounding developments in terms of design, materials and colors. (d) Signs shall not be approved which exceed the permitted square footage delineated in section 9610.5, Permitted signs, by greater than ten (10%) percent. (e) For developments with existing signs, a schedule or phasing plan for . bringing such signs into conformance with the sign program shall be submitted and become part of the approval . A cash bond may be required to guarantee their removal . ` Appeals to the decisions of the Director shall be made in accordance with section 9815.4. (2832-8/86) 9610.7 Special sign permit. The Planning Commission may grant a special sign permit subject to the findings listed below for requests for supergraphics, for three—dimensional signs, for theatre marquees, and for requests for relief from-the strict application of section 9610.5. A special sign permit cannot be processed for those signs listed as prohibited in section 9610.4. i (a) Strict compliance with section 9610.5 will result in a substantial r� hardship to the applicant. (b) The sign will not adversely affect other signs in the area. (c) The sign will not be detrimental to properties located in the vicinity. (d) The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. Special sign permits shall become effective ten (10) days after approval by the Planning Commission; however if an appeal is filed, a sign permit shall not be issued until the final decision of the City Council . Appeal procedures shall be governed by sections 9842 through 9842.6.2 of this code. (2832-8/86) 9610.8 Nonconforming signs/Limited sign permit. The eventual elimination of existing signs which are not in conformance with the provisions of this ' article is as much a subject of health, safety, and welfare as is the regulation of new signs. The provisions of this section shall apply to all nonconforming signs. (a) General provisions. A nonconforming sign may not be: (1) Changed to another nonconforming sign. (2) Structurally altered so as to extend its useful life. (3) Expanded or altered as defined by section 9610.10. (4) Reestablished after discontinuance for ninety (90) days or more. 5/91 9610.8(a)(5)--9610.8(c)(5) (5) Reestablished after damage or destruction of more than fifty (50%) percent of its value. (b) Amortization provisions. Existing signs which became nonconforming upon the adoption of Ordinance 2155, January 3, 1977, shall be modified or removed to comply with all provisions of this article upon expiration of the amortization period listed below or as otherwise required in this section. Existing signs which are rendered nonconforming upon the adoption of Ordinance No. 2832 shall comply with the provisions adopted on January 3, 1977 upon expiration of the amortization period listed below. All signs which incorporate any flashing or moving lighting or any mechanical movement shall cease all flashing, moving, or mechanical movement within thirty days after the adoption of this article. The amortization period shall begin to run and the replacement value for the sign shall be based upon its value at the time the provision was adopted that resulted in the sign first being classified as nonconforming, whether the provision is part of the current sign code or was adopted by a prior ordinance. Signs which were erected or altered without benefit of permit shall be immediately removed by the owner upon written notice from the City. Signs replaced or requested to be modified at the owner' s initiative shall comply with all current provisions of this article. Replacement value Time period f $500 or less One (1 ) year $501 — $1000 Two (2) years $1001 — $3000 Three (3) years For each $500 increment Six (6) months Maximum Period Five (5) years (c) Limited sign permit. The owner of a sign which does not conform to the provisions of section 9610.5 may make application for a limited sign permit to the Planning Commission for permission to change the face or copy of such sign. A limited sign permit cannot be processed for signs listed as prohibited in section 9610.4. The Planning Commission .may approve the face change and extend a sign' s use for a time period deemed appropriate, not to exceed two (2) years. A cash bond in an amount determined by the Planning Commission shall be required to guarantee the sign' s removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: (1 ) Due to unique circumstances, the sign' s immediate removal will result in a substantial hardship for the applicant. (2) The sign will not adversely affect other lawfully erected signs in the area. (3) The sign will not be detrimental to properties located in the vicinity. (4) The sign will be in keeping with the character of the surrounding area. (5) The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (2832-8/86) I 5/91 9610.9--9610.9(c)(1 ) .-- 9610.9 Miscellaneous provisions. (a) Temporary signs. Temporary banners, flags, or pennants may be permitted for a maximum of three (3) times per year for a total of ninety (90) days each calendar year to identify a special event such as a grand opening or anniversary sale. Approval shall be subject to the discretion of the Director for other events; however, a special event shall not include the occasional promotion of retail sales by a business. A cash bond to guarantee removal shall be required. Sites with -electronic readerboards shall be permitted to have temporary signs displayed a maximum of fifteen (15) days per calendar year. (3103-5/91 ) Automobile dealerships on Beach Boulevard shall be permitted to fly eighteen (18") inch non—metallic helium balloons and large non—metallic inflatables on the weekends (Friday 9:00 AM through Sunday 12:00 Midnight) , provided they do not project over the public right—of—way. The use of large inflatables (larger than eighteen (18") inches in diameter) shall be limited to a maximum of twelve (12) weekends per calendar year, shall be affixed to the ground or to the roof of a building, and shall be subject to the issuance of a temporary sign permit. Automobile dealerships on Beach Boulevard shall be permitted to display flags, pennants, banners and car—top signs throughout the year. (3103-5/91 ) (b) Coastal zone--Specific plans. Signs within the coastal zone shall comply with any separate requirements. Signs within the Downtown Specific Plan orn any other specific plan area shall comply with any additional requirements outlined within the plan itself or design guidelines. (c) Subdivision directional signs. Subdivision directional signs shall contain only the name of a development, the developer, price information, and directional information for land development projects located within the City of Huntington Beach. No land development project shall be permitted more than six (6) off—site subdivision directional signs and approval for such signs shall be subject to the following standards: (1 ) Location requirements: Signs shall not be located within any public right—of—way. Signs shall not be located on any property developed with residential uses other than that of the subdivision identified. Signs located on the same side of the street shall be a minimum of six hundred (600) feet from any other subdivision directional sign except signs facing each street may be placed at the intersection of arterial highways. Signs a maximum of sixty—four (64) square feet and fifteen (15) feet high may be permitted provided they are set back fifty (50) feet from any adjacent developed property. Signs a maximum of thirty—two (32) square feet and eight ,(8) feet high may be permitted provided they are set back twenty—five (25) C" feet from any adjacent developed property. 5/91 9610.9(c)(2)--9610.9(d)(2) (2) Permit expiration. Permits issued for subdivision directional signs shall expire either one (1 ) year from the date of issuance or on the date the project's units have all been sold, leased, or rented for the first time, whichever is sooner. Annual renewals may be granted for such time as units still exist for sale; however, a renewal may not be granted for signs which are not in conformance with the provisions of this section. (3) Street widening. When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency. (4) Required bond. Prior to the issuance of a building permit, the applicant shall file a cash bond in an amount set by resolution of the City Council . The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within fifteen (15) days after the expiration of the permit. If the sign structure is not removed, the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded. (2832-8/86) (d) Electronic readerboards. Electronic readerboards may be permitted subject to the approval of a conditional use permit by the Planning Commission, approval of a planned sign program according to the provisions of Section 9610.6 and approval of the Design Review Board according to the provisions of Article 985. Approval of electronic readerboards shall be subject to the following: (1) Findings: Prior to .approving a conditional use permit to allow an electronic readerboard sign, the Planning Commission shall make the following findings: The proposed electronic readerboard sign conforms with the standards and criteri.a as set forth in the Huntington Beach Ordinance Code; The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicle or pedestrian traffic; and The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining residential neighborhoods. (2) Permitted signs. Electronic readerboards may be freestanding or wall type signs. The maximum number of electronic readerboards shall be one per site. The maximum sign area shall be one hundred fifteen (115) square feet; ninety (90) square feet for message center and twenty-five (25) feet. 5/91 9610.9(d)(2)--9610.10 The maximum height of an electronic readerboard sign shall be twenty—five (25) feet. The electronic readerboard shall have cylinders, a shade screen and a photocell for reducing the intensity of lighting at night. The maximum measurable light output of the electronic readerboard shall not exceed fifty (50) foot candles at the property line. (3) Location requirements. The minimum lot frontage of the parcel shall be two hundred (200) feet. Electronic readerboards shall be allowed only on parcels abutting a freeway and on parcels abutting Beach Boulevard, excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway. The minimum distance between electronic readerboards shall be one hundred fifty (150) feet. The minimum distance from an electronic readerboard sign to any residence shall be one hundred fifty (150) feet. (4) Other standards. In addition to the electronic readerboard sign, one monument sign, maximum of seven (7) feet in height and a maximum of fifty (50) square feet in sign area, may be permitted and all other signage shall be brought into conformance with the provisions of this article. Where a site has an electronic readerboard, temporary banners, balloons, flags, etc. , shall be permitted a maximum of fifteen (15) days per calendar year. The hours of operation of any electronic readerboard shall be limited to 6:30 a.m. to 10:30 p.m. At least ten (10%) percent of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. Messages in an electronic readerboard shall be no faster than one message every four (4) seconds and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted. Light intensity changes (other than between day and night uses) are not permitted. 9610.10 Definitions. The following words and phrases, wherever used in this article, shall be construed as defined in this section unless the context clearly indicates otherwise: 5/91 9610.10(1 )--9610.10(13) (1 ) Activity: a business establishment with direct access to a parking lot or public right-of-way and under separate management from any �- other business establishment within the same building. (2) Alteration: any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. (3) Area of sign: the area included within the outer dimensions of a sign. For signs without a border or frame (channel or skeleton letters) , the area shall be within a rectangle formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign. t (4) Attached sign: any sign which is permanently affixed to a building, including wall signs. (5) Billboard or outdoor advertising structure: a structure of any kind or character erected or maintained for advertising a business, activity, service or product not sold or produced on the premises upon which the sign is placed. (6) Business identification sign: a sign which serves to identify only the name and address` of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Logos may also be permitted. (7) Building frontage: the lineal extent of a building or activity which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area. (8) Canopy sign: any sign attached to the underside of a projecting canopy protruding over a private sidewalk or private right-of-way. (9) Changeable copy sign: any sign designed and intended to have an easily and readily changeable copy, such as an attraction board. (10) Channel letters: individual letters or figures, illuminated or unilluminated, affixed to a building or freestanding sign structure. (11) Commercial center: any site containing three (3) or more commercial activities. (12) Construction sign: a sign which states the name of the future site occupant and may include the name, address or phone number of related construction, architectural , and financial firms. Such sign shall be a maximum of eight (8) feet in height and thirty-two (32) square feet in area. (13) Directional or convenience sign: a sign necessary for public convenience or safety which is designed to be viewed from on-site or adjacent to the site by pedestrians or motorists. 5/91 9610. 10(14)--9610. 10(29) (14) Director: the Director of Community Development of the City of Huntington Beach, or a duly authorized representative. (15) Electronic readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. (16) Flashing or animated sign: a sign intermittently reflecting light, or which has any illumination which is not maintained constant in intensity, color or pattern, except electronic readerboards and those for time and temperature. (17) Freestanding sign: any sign permanently attached to the ground and which does not have a building as its primary structural support. (18) Grade: the level of the public sidewalk or street, curb closest to the sign. (19) Grand opening: a promotional activity not exceeding thirty (30) calendar days used by newly established businesses to inform the public of their location and services. (20) Ground level : the highest elevation of the existing ground surface under a sign. (21 ) Height of sign: the vertical distance measured from average ground level along the base of the sign structure, before any berming, to �--r the highest point of the structure. (22) Indirect illumination: a light cast on the surface of a sign from an exterior source. (23) Industrial center: any site containing three (3) or more industrial activities. (24) Interior illumination: any sign face which is artificially lit from the inside. (25) Item of information: each word, design, symbol , or figure. (26) Land development project: any industrial , commercial , or residential development containing five (5) or more parcels or dwelling units which are proposed for construction. (27) Monument sign: a low profile freestanding sign erected with its base on the ground and which is designed to incorporate design and building materials which complement the architectural theme of the buildings on the premises. A monument sign shall not exceed seven (7) feet in height. Berming incorporated with the placement of the sign shall be included in any height measurement. The base of a monument sign shall not be counted as sign area. (28) LOgo: a trademark or company name symbol . (29) Nameplate sign: an attached sign which designates the names and/or address of a business, and/or the words "entrance" or "exit": 5/91 9610.10(30)--9610. 10(44) (30) Nonconforming sign: a sign which complied with the Huntington Beach Ordinance Code at the time it was installed, but which is now in conflict with the provisions of this article. (31 ) Open house sign: a sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. (32) Political sign: a sign identifying either a candidate for public office or an issue relating to a forthcoming election. (33) Projecting sign: a sign which projects from the wall of a building more than eighteen (18) inches and which has its display surface perpendicular to such wall . N (34) Real estate sign: a temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. (35) Roof sign: an attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. (36) Sign: any medium` for visual communication, including its structure and component parts, which is used or intended to be used to attract attention. (37) Sign copy: any words, letters, numbers, figures, designs or other r� symbolic representation incorporated into a sign for the purpose of attracting attention. (38) Sign structure: any structure which supports any sign. (39) Site: one or more parcels of land identified by the assessor' s records. Where an integrated building. development has been approved or proposed, the site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels served by common access ways, driveways, parking and landscaping. (40) Site (street) frontage: the length of a lot or parcel of land along or fronting on a street. (41 ) Subdivision directional sign: a sign providing direction to a land development project pursuant to this article. (42) Supergraphic: a painted design which covers an area greater than ten (10%) percent of a wall , building facade, or other structure. (43) Temporary sign: any sign constructed of cloth, plastic, paper or similar material displayed for a limited period of time outside a building. (44) Trespassing sign: a sign which contains the following copy only, "No trespassing." , 5/91 9610.10(45)--9610.10(46) (45) Wall sign: any sign which is attached or erected on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall , and which does not project more than eighteen (18) inches from the building, or . project above the height of the wall or parapet. (46) Window sign: a sign in which the name, address, phone number, or -hours of operation are applied directly to the window of a business. (2832-8/86) 5/91 To remain clear -iY ~- z A' 25' H __ rt 1 c� 10 t n �,. Driveway 25' o 'U ( Min. 0 10 , ro '0 wide n rn landscape b K rt CD area m n F, rt m Sign Type Setback z Pole 40 ' DIAGRAM A Monument Subject to Director review x a x 1 ( Y b �Y -� DIAGRAM B ° 70% Leasehold - Max. Width b 75% Fascia - Max. Height J x Equal Dimensions Y Equal Dimensions CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 9/16/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 3.36 Chapter 3.36 Chapter 7.12 Chapter 7.12 i s � Laura Nelson, Deputy Records Division 374-1559 339M 3.36.010-3.36.010(c) Chapter 3.36 � UTILITIES TAX (1598-10/70, 2211-8/77, 2452-10/80, 2470-2/81 , 2886-12/86, 2933-8/88, 3095-4/91 , 3096-4/91 , 3118-7/91 ) Sections: 3.36.010 Definitions 3.36.020 Telephone tax--Imposed 3.36.030 Telephone tax--Charges 3.36.040 Telephone tax--Intrastate use 3.36.050 Electricity tax 3.36.060 Use of electrical energy ' 3.36.070 Gas tax--Imposed 3.36.080 Gas tax--Exclusions 3.36.090 Water tax--Imposed 3.36. 100 Water tax--Exclusions 3.36. 110 Cable Television Users Tax 3.36. 120 Exemptions 3.36. 130 Collection of tax 3.36. 140 Collection--When made 3.36. 150 Collection--Commencement 3.36. 160 Filing return and payment 3.36. 170 Delinquent when 3.36. 180 Penalty--Effect 3.36. 190 Penalty--Imposed by administrator 3.36.200 Penalty--Combining nature 3.36.210 Actions to collect 3.36.220 Failure to pay--Administrative remedy 3.36.230 Assessment--Administrative remedy 3.36.240 Assessment--Hearing 3.36.250 Records 3.36.260 Refunds 3.36.270 City exempt 3.36.280 Senior citizens--Exemption 3.36.290 Application required 3.36.300 Notification to service supplier 3.36.310 Service supplier--Duty of 3.36.320 Exemption automatic 3.36.330 Tax billing exemptions--Effective when 3.36.340 Violation--Penalty 3.36.010 Definitions. Except where the context otherwise requires, the definitions given in this Section govern the construction of this chapter: (a) "City" means the City of Huntington Beach. (b) "Month" means a calendar month. (c) "Person" means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common -law trust, society, individual or municipal corporation. 7/91 3.36.010(d)--3.36..050(b) (d) "Service supplier" means any entity which receives taxes paid and remits same as imposed by this chapter. (e) "Service user" means a person required to pay a tax imposed by this chapter. (f) "Tax administrator" means the Finance Director of the City. (g) "Telephone corporation, electrical corporation, gas corporation, and water corporation" shall have the same meanings as defined in Sections 234, 218, 222, and 241 respectively, of the Public Utilities Code of the State of California, as said Sections existed on January 1 , 1970. "Electrical corporation" and "water corporation" shall be construed to include any organization, municipality or agency engaged in the selling or supplying of electrical power or water to a service user; however, as specified by Public Utilities Code Section 218, does not include a corporation or person employing cogeneration technology or producing power from other than a conventional power source for the generation of electricity. (1598-10/70, 2933-8/88) 3.36.020 Telephone tax--Imposed. There is imposed a tax upon every person in the City, other than a telephone corporation, using international , interstate, and intrastate telephone communication services in the City. The tax imposed by this Section shall be at the rate of five (5%) percent of all charges made for such services. (1598-10/70, 30&9-4/91 ) 3.36.030 Telephone tax--Charges. As used in this Section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "telephone-communication services" include land-mobile services or maritime-mobile services as defined in Section 2.1 of Title 47 of the Code of Federal Regulations, as such Section existed on January 1 , 1970. (1598-10/70) 3.36.040 Telephone tax--Intrastate use. Notwithstanding the provisions of Section 3.36.020, the tax imposed under this chapter shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed by Section 4251 of Title 26 of the United States Code, as such Section existed on January 1 , 1970, without regard to Section 3.36.020. (1598-10/70) 3.36.050 Electricity tax. There is imposed a tax upon every person in the City using electrical energy in the City. The tax imposed by this Section shall be at the rate of five (5%) percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges" as used in this Section shall include charges made for: (a) Metered energy; and (b) Minimum charges for service, including customer charges, service charges, demand charges, standby charges and annual and monthly charges. 7/91 3.36.050--3.36.110(a) In the case of a service user employing cogeneration technology the tax imposed by this Section shall be based upon the legal rate per kilowatt cogenerated, as charged by the applicable public utility. (1598-10/70, 2933-8/88) 3.36.060 Use of electrical energy. As used in this Section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries . The term shall not include electricity used in water pumping by water corporations; nor shall,- the term include the mere receiving of such energy by an electrical corporation- or .governmental agency at a point within the City for resale. (1598-10/70) 3.36.070 Gas tax--Imposed. There is imposed a tax upon every person in the City using gas in the City which is delivered through mains or pipes. The tax imposed by this Section shall be at the rate of five (5%) percent of the charges made for such gas. (1598-10/70) 3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed in this Section is computed: (a) Charges made for gas which is to be resold and delivered through mains or pipes; (b) Charges made for gas to be used in the generation of electrical energy by an electrical corporation; (c) Charges made by a gas public utility for gas used and consumed in the conduct of the business of.:gas public utilities; and (d) Charges for gas used in water pumping by water corporation. (1598-10/70) 3.36.090 Water tax--Imposed. ThereAs imposed a tax upon every person in the City using water in the City which is delivered through mains or pipes. The tax imposed by this Section shall be at the rate of five (5%) percent of the charges made for such water and shall be paid by the person paying for such water. . (1598-.10/70) 3.36.100 Water tax--Exclusions. There shall be excluded from the base on which the tax imposed in this Section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or a county or municipal, water district for water used and consumed by such department, utility or district in the conduct of the business of such department, utility or district. (1598-10/70) 3.36.110 Cable Television Users Tax. (3118-7/91 ) (a) There is hereby imposed a tax upon every person in the City using cable television service. The tax imposed by this section shall be at the rate of Five Percent (5%) of the charges made for such service and shall be paid by the person paying for such services. (3118-7/91 ) 7/91 3.36. 110(b)--3.36.200 (b) The Tax imposed in this section shall be collected from the service user by the person furnishing the cable television service. (3118-7/91) 3.36.120 Exemptions. Nothing in this chapter shall be construed as imposing a tax upon any person if imposition of such tax upon that person would be in violation of the Constitution of the United States or the Constitution of the State of California. (1598-10/70) 3.36.130 Collection of tax. The amount of tax imposed by this chapter shall be collected from the service user by the service supplier. (1598-10/70, 2933-8/88) 3.36.140 Collection--When made. The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the service supplier. (1598-10/70) 3.36.150 Collection--Commencement. The duty to collect tax from a service user shall commence with the beginning of the first regular billing period applicable to that person which shall begin as of January 1 , 1971 , or at the beginning of the first regular billing period thereafter which would not include service prior to January 1 , 1971 . Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (1598-10/70) 3.36.160 Filing return and payment. Each service supplier shall make a return to the tax administrator, on forms provided by him, stating the amount .of taxes billed by the service supplier during the preceding month. The full amount of the tax collected shall be included with the return and filed with the tax administrator. The tax administrator is authorized to require such further information as he deems necessary to determine properly if the tax here imposed is being levied and collected in accordance with this chapter. Returns must be postmarked with prepaid postage and properly addressed, or personally delivered to the tax administrator on or before the 20th of each month. Returns are due immediately upon cessation of business for any reason. (1598-10/70, 2211-8/77) 3.36.170 Delinquent when. Taxes collected from a service user which are not filed with the tax administrator on or before the due dates provided in this chapter are delinquent. (1598-10/70, 2211-8/77) 3.36.180 Penalty--Effect. . Penalties for delinquency in payment of any tax collected or any deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of fifteen (15%) percent of the total tax collected or imposed herein. (1598-10/70, 2211-8/77) 3.36.190 Penalty--Imposed by administrator. The tax administrator shall have power to impose additional penalties upon persons required to collect taxes under the provisions of this chapter for fraud or negligence in reporting or paying at the rate of fifteen (15%) percent of the amount of the tax collected or as recomputed by the tax administrator. (1598-10/70, 2211-8/77) 3.36.200 Penalty--Combining nature. Every penalty imposed under the provisions of this chapter shall become a part of the tax required to be paid. (1598-10/70, 2211-8/77) 7/91 3.36.210--3.36.250 3.36.210 Actions to collect. Any tax required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the City. Any such tax collected from a service user which has not been paid to the tax administrator shall be deemed a debt owed to the City by the person required to collect and pay. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. (1598-10/70, 2211-8/77) 3.36.220 Failure to pay--Administrative remedy. Whenever the tax administrator determines that a service user has deliberately withheld the amount of the tax owed by him from the amounts remitted to a service supplier, or that a service user has failed to pay the amount of,.the tax for a period of two or more billing periods, or whenever the tax administrator deems it in the best interest of the City, he may relieve the service supplier of the obligation to collect taxes due under this chapter from certain named service users for specified billing periods. The tax administrator shall notify the service user that he has assumed responsibility to collect the taxes due for the stated periods and, demand payment of such taxes. The notice shall. be served on the service user by, handing it to him personally or by deposit of the notice in the United States mail , postage prepaid thereon, addressed to the service user at the address to which billing was made by the service supplier; or should the service user have changed his address, to his last known address. If a service user fails to remit the tax to the tax administrator within fifteen, days from the date of the, service of the,, notice. upon him, which shall be the date of mailing if service is not accomp,lish'ed in person; a penalty of twenty-five (25%) percent of the amount of the tax set forth in the notice shall be imposed but not less than five dollars. The penalty shall become part of the tax herein required to be paid. (1598-10/70) 3.36.230 Assessment--Administrative remedy. The tax administrator may make an assessment for taxes not paid or remitted by a person required to pay or remit. A notice of the assessment which shall refer briefly to the amount of the taxes and penalties imposed and the time and place when such assessment , shall be submitted to the City Council for confirmation or modification. The tax administrator shall mail a copy of such notice to the person selling the service and to the, service user at least ten. days prior :to„the date of the hearing and shall post such notice for at least five continuous days pri,or .to the date of the hearing on the chamber: doors of,the City Counc.il .,. , Any interested party having any objections may appear and be heard at the hearing provided his objection is filed in writing with the tax administrator prior to the time set for the hearing. . (1598-10/70) 3.36.240 Assessment--Hearing. At the time fixed for considering the assessment, the City Council shall hear the same together with any,objection filed as aforesaid and thereupon may confirm or modify the assessment by motion. (1598-10/70) 3.36.250 Records. It shall be the duty of every person required to collect and remit to the City any tax imposed by this chapter to keep and preserve, for a period of three years , all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times. (1598-10/70) 7/91 t 3.36.260--3.36.320 3.36.260 _ Refunds. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this chapter, it may be refunded as provided in this Section. (a) A person required to collect and remit taxes imposed under this chapter, may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the service user from whom the tax has been collected did not owe the tax; provided, however., that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. (b) No refund shall be paid under the provisions of this Section unless the claimant established his right thereto by written records showing entitlement thereto. (1598-10/70) 3.36.270 City exempt. The taxes imposed by this chapter shall not apply to the City. (1598-10/70) 3.36.280 Senior citizens--Exemption. The tax imposed by this chapter shall not apply to any individual service user sixty-two years of age or older who uses telephone, electric, water or gas services, in or upon any premises occupied by such individual , provided the combined adjusted gross income as used for federal income tax reporting purposes of all members of the household in which such service user resides does not exceed the "HUD Income Guidelines h - Very Low Income Category" currently on file at the City' s Office of the Housing Rehabilitation Administrator, for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided by this chapter is applied. (2452-10/80, 2886-12/86, 3095-4/91 ) I 3.36.290 Application required. Any service user, meeting the requirements for exempt status, may file a verified application with the Director of Finance on a form furnished by him. The Director of Finance, or his designee, shall review all applications and certify those service users as exempt who meet the requirements for the exemption provided by this chapter. (2452-10/80) 3.36.300 Notification to service supplier. The Director of Finance, or his designee shall compile a list of all exempt service users, together with the addresses, account numbers, if any, of such users, and such other information as may be necessary for service suppliers to remove exempt service users from their tax billings. (2452-10/80) 3.36.310 Service supplier--Duty of. No service supplier shall be required to bill any exempt service user for any tax imposed by this chapter after receipt of notice from the Director of Finance that such service user has met the requirements for exempt status established by the provisions of this chapter. (2452-10/80, 2470-2/81 ) 3.36.320 Exemption automatic. The exemption provided for in this chapter "D shall continue and be renewed automatically from year to year except as hereinafter provided. No exempt service user shall fail to notify the ' 7/91 3.36.320--3.36.340 Director of Finance within ten (10) days of a change of address, or of any other fact or circumstance which might disqualify him or otherwise affect his exempt status. All exempt service users shall file with the Director of Finance new verified applications in order to receive exempt service at a new address or location. (2452-10/80) 3.36.330 Tax billing exemptions--Effective when. All service suppliers shall remove exempt service users from their tax billings for the first regular full billings dated on or before October 15, 1980, and thereafter within sixty (60) days after notice from the Director of Finance to do so. (2452-10/80) 3.36.340 Violation--Penalty. It is unlawful and a misdemeanor for any person knowingly to receive the exemption provided by this chapter when such person has not met the requirements on which such exemption is based, or when such person can no longer meet the requirements on which such exemption is based, and upon conviction thereof shall be subject to a fine of five hundred dollars ($500) or imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed or continued. (2452-10/80) 91 7.12.010-7.12.020(3) Chapter 7.12 MISCELLANEOUS ANIMAL CARE AND CONTROL (27-11/09; 66-9/10; 885-2/62; 1219-2/67; 1352-11/67; 1835-5/73; 1857-8/73; 1905-4/74; 1910-6/74; 2067-5/76; Urg. 2084-6/76; 2095-9/76; 2547-5/82; 2936-4/88) Sections: 7.12.010 Bees 7.12.020 Running at large prohibited 7.12.030 Animal premises kept clean 7.12.040 Keeping animals near inhabited structures 7.12.050 Animals prohibited in food—handling premises 7.12.060 Dead--Carcass disposal 7.12.070 Noisy animals 7.12.080 Goats 7.12.090 Horses 7.12.100 Cattle and hogs 7.12.110 Fowl and rabbits--At large 7.12.120 Fowl and rabbits--Keeping restrictions 7.12.130 Fowl--Number permitted 7.12.140 Monkeys and chimpanzees to be secured 7.12.150 Kennels 7.12.160 Residential Animal Permit 7.12.290 Enforcement w 7.12.300 Penalty 7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the city, any hive bees within two hundred (200) feet of any dwelling house of the owner or person in control of such bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician' s office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large. (Ord. 2095, 1 Sep 76; Urg. Ord. 2067, 5/76; Ord. 1905, 4/74; Ord. 1279, 2/67,; Ord. 885, 2/62) 7.12.020 Running at large prohibited. (a) No person owning or having control of any ox, steer, bull , cow, horse, colt, calf, sheep, goat, cat or any animal of a species. commonly referred to as wild shall : (1 ) Permit such animal to run at large in the city; (2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park, or other public place; (3) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any animal to trespass upon any street or public place or upon any such private property; 4/88 7.12.020(4)--7. 12.050 (4) Permit any of said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal , or by securely fastening such animal by means of a rope, or chain of sufficient size, strength, and weight to effectively restrain such animal ; or (5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. (b) No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah or any animal of a species commonly referred to as wild or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court or other public place or upon any private property other than within the enclosed premises of such persona (Urg. Ord. 2084, 21 Jun 76; Ord. 1910, 6/74; Ord. 1905, 4/74; Ord. 1835, 5/73; Ord. 1352, 11/67; Ord. 1279, 2/67) 7,12,030 Animal premises kept clean. Every person owning or occupying pre— mises where any animal , fowl or bird is kept shall keep the stable, barn, stall , pen, coop, building or place in which the animal is kept in a clean and sanitary condition. (Urg. Ord. 2084, 21 Jun 76; Ord. 1279, 2/67; Ord. 885, 2/62) 7.12'.040 Keeping animals near inhabited structures. No person shall keep any animal , fowl or bird, wild or domestic., other than dogs, cats, canaries, or birds of the psittacinae family, within fifty (50) feet of any inhabited structure, school or hospital provided, however, that when any person keeps more than four (4) birds of the psittacinae family, he shall keep such birds at least thirty—five (35) feet from any of said structures. (Urg. Ord. 2084, 21 Jun 76; Ord. 1905, 4/74; Ord. 1279, 2/67; Ord. .885. 2/62) 7.12.050 Animals prohibited in food—handling premises. No person shall bring any dog, cat or other live animal , or permit any dog, cat or other live animal to be brought into or to remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such arti— cles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. (Ord. 2095, 1 Sep 76; Urg. Ord. 2084', 6/76; Ord. 1905, 4/74; Ord. 1279, 2/67) 4/88 7.12.060--7.12.090(d) - 7.12.060 Dead--Carcass disposal . It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than twenty-four (24) hours, or to bury the carcass of any animal. upon the premises owned, controlled or occupied by him or it in the city. (Urg. Ord. 2084, 21 Jun 76; Ord. 1279, 2/67; Ord. 885, 2/62) 7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the city under his control , any animal or animals, including any fowl , which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons. (Urg. Ord. 2084, 21 Jun 76; Ord. 1905, 4/74; Ord. 1279, 2/67) 7.12.080 Goats. (a) It is a nuisance and no person shall keep or maintain any goat within fifty (50) feet of any dwelling house other than that occupied by him or it, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it, or more than four (4) goats within three hundred (300) feet of any dwelling house other than that occupied by him or it, or more than five (5) goats within one thousand (1000) feet of any dwelling house other than that occupied by him or it. (b) No person shall keep or maintain any male goat exceeding the age of six (6) months within the limits of the city. (Urg. Ord. 2084, 21 Jun 76; Ord. 1905, 4/74; Ord. 1279, 2/67; Ord. 885, 2/62) 7.12.090 Horses. (a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within fifty (50) feet of any street line. (b) It is declared to be a nuisance and no person shall stable or corral any horse or mule within fifty (50) feet of any dwelling house other than occupied by him or them, or to stable more than two horses or mules within one hundred (100) feet of any dwelling house other than that occupied by him or them. (c) No person, firm or corporation shall keep or stable any burro or bur- ros, or donkey or donkeys, within one hundred (100) feet of any dwell- ing house other than that occupied by him or it. (d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any sidewalk and, if there is no sidewalk, the nearest edge of any curb, and if there is no sidewalk or curb, the nearest edge of the improved portion of the public right-of-way. (Urg. Ord. 2084, 21 Jun 76; Ord. 1352, 11/67; Ord. 1905, 4/74; Ord. 1279, 2/67; Ord. 885, 2/62) 4/88 7.12.100--7.12.140(b) 7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the city cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred (300) feet of any school or hospital , or within one hundred (100) feet of any street line. (Urg. Ord. 2084, 21 Jun 76; Ord. 1905, 4/74; Ord. 1835, 5/73; Ord. 1279, 2/67; Ord. 885, 2/62; Ord. 66, 9/10) 7.12.110 Fowl and rabbits--At large. It is a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pige- ons, squabs or similar fowl or rabbits, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the city. (Urg. Ord. 2084, 21 Jun 76; Ord. 1905, 4/74; Ord. 1835, 5/73; Ord. 1279; 2/67; Ord. 885, 2/62; Ord. 27, 11/09) 7.12.120 Fowl and rabbits--Keeping restrictions. It is a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, within fifty (50) feet of any street line or within twenty (20) feet of any property line, or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school , hospital or place where food products are kept, stored, .manufactured or served to the .public, unless such house or structure be occupied by him or it, or to keep any rooster over four (4) months old in the city limits. (Urg. Ord. 2084, 21 Jun 76; Ord. 1279, 2/67; Ord. 1905, 4/74; Ord. 1835, 5/73; Ord. 885, 2/62; Ord. 66, 9/10; Ord. 27, 11/09) 7.12.130 Fowl--Number permitted. No person shall keep or maintain in the city more than ten (10) in all of chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl ; and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public nuisance. The pre- sumption created by this section is a rebuttable presumption affecting the burden of proof. (Urg. Ord. 2084, 21 Jun 76; Ord. 1905, 4/74; Ord. 1279, 2/67; Ord. 885, 2/62; Ord. 66, 9/10) 7.12.140 Monkeys and chimpanzees to be secured. (a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the city or permit, allow or suffer such animal to be or go upon any street or public place within the city without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. (b) Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined in an enclosure or when not securely tied or chained. (Urg. Ord. 2084, 21 Jun 76; Ord. 1905, 4/74; Ord. 1857, 8/73; Ord. 1835, 5/73; Ord. 1352, 11/67; Ord. 1279, 2/67; Ord. 885, 2/62) 4/88 I 7.12.150--7.12.160(1) 7.12.150 Kennels. (a) "Kennel" means any property where four (4) or more dogs, or four (4) or more cats, over the age of four (4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals. (b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the city, any kennel within two hundred (200) feet of any dwelling house except the dwelling house of the person in control of such kennel . (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code. (Ord. 2095, 1 Sep 76; Ord. 1905, 4/74; Ord. 1279, 2/67) 7.12.160 Residential Animal Permit. (a) A x esidential animal permit shall be required for the keeping of one goose, rabbit, or duck 'subject to the review and approval of the direc- tor of community development. (Ord. 2936,' 27 Apr 88) (b) At the time the application is made for a residential animal permit, the ,applicant shall pay a fee established by resolution of the City tom~ Council . (Ord. 2936, 27 Apr 88) (c) Premises shall be kept clean and free of all matter which may create odors or attract rodents. (Ord. 2936, 27 Apr 88) (d) The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the Municipal Code. (Ord. 2936, 27 Apr 88) (e) The director of community development may impose conditions of approval in addition t the above. (Ord. 2936, 27 Apr 88) (f) The applicant shall be required to sign an affidavit that he/she under- stands all of the conditions of approval for the residential animal permit at the time the permit is issued. (Ord. 2936, 27 Apr 88) (g) Any authorized city employee may inspect the premises for which an application has been granted for a residential animal permit. (Ord. 2936, 27 Apr 88) (h) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (Ord. 2936, 27 Apr 88) (i ) Prior t issuance of a residential animal permit, notices shall be sent to all abutting property owners and tenants notifying them of the pend- ing application for said permit. (Ord. 2936, 27 Apr 88) 4/88 6 7.12.290--7.12.300 7.12.290 Enforcement. The director of development services and his designees are hereby authorized and directed to enforce the provisions of this chapter. (Ord. 2547, 5 May 82) 7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100) . Ord. 2095, 1 Sep 76) 4/88 ?� a City Clerk' s Office ------------(FC) --( 2 )------------ Evelyn !� Counter CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 9/2/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Title 3--Chapter 3.02 Title 3—Chapter 3.02 E I 0oF Laura Nelson, Deputy Records Division 374-1559 339M Huntington Beach Municipal Code Title 3 Index Title 3 REVENUE AND FINANCE (37-1 /10, 388-1 /36, 529-5/48, 567-11 /50, 643-3/56, 789-8/60, 878-12/61 , 1369-12/67, 1842-5/73, 1877-11 /73, Urg 1896-12/73, 1925-8/74, Urg 1993-6/75, 2200-7/77, 2227-12/77, 2259-2/78, 2260-2/78, 2262-3/78, 2354-4/79, 2380-7/79, 2433-7/80, 2437-7/80, 2464-12/80, 2500-8/81 , 2636-9/83, Urg 2669-1 /84, 2673-2/84, 2986-3/89, 3144-9/92) Chapters- 3.02 Purchasing Division 3.03 Professional Service 3.04 Fund Regulations 3.06 Surplus Real Property 3.08 Capital Outlay Fund 3. 12 Gas Tax Fund 3. 14 Self Insurance Liability Claims Loss Reserve 3. 16 Determination of City Tax Rate 3.20 Documentary Transfer Tax 3.24 Sales and Use Tax 3.28 Transient Occupancy Tax 3.32 Cigarette Tax 3.36 Utilities Tax 3.40 Community Enrichment Library Fees 3.44 Pipeline Franchises 3.48 Late Charges Chapter 3.02 PURCHASING DIVISION (2259-2/78, 2433-7/80, 2464-12/80, 3144-9/92) Sections- 3.02.010 Established 3.02.020 Officer--Duties 3.02.030 Officer--Exemptions from centralized purchasing 3.02.040 Procedures 3.02.050 Purchase orders 3.02.060 Encumbrance of funds 3.02.070 Formal bidding procedure 3.02.080 Bidder' s security 3.02.090 Bid opening procedure 3.02. 100 Bid rejection 3.02. 110 Award of bid 3.02. 120 Repealed, Ordinance No. 2259, 2 Feb 78 3.02. 130 Performance bonds 3.02. 140 Informal bidding procedure 3.02. 150 Bids--Minimum number 3.02. 160 Bids--Record retention 3.02. 170 Inspection and testing of equipment and services 3.02. 180 Surplus supplies and equipment 3.02. 190 Exempt and emergency procurements 3.02.200 Disqualification of vendors 9/92 r _ 3.02.010--3.02.080 Huntington Beach Municipal Code 3.02.010 Established. The Purchasing Division of the Administrative Services Department is established for the purpose of providing for centralized purchasing of all supplies, services and equipment for the various agencies of the City. ( 2259-2/78,2464-12/80) 3.02.020 Officer--Duties. The Chief of Administrative Services shall direct the activities of the Purchasing Division. The Purchasing Officer shall be responsible to the Chief of Administrative Services. The Purchasing Officer shall enjoy all fringe benefits enjoyed by department heads . (2259-2/78, 2464-12/80) 3.02.030 Officer--Exemption from centralized purchasing. The Chief of Administrative Services may authorize in writing any agency to purchase or contract for specified supplies, services and equipment independently of the Purchasing Division; but he shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. (2259-2/78, 2464-12/80) 3.02.040 Procedures. Purchase of supplies, services, equipment and the sale of surplus personal property shall be by procedures provided for in this chapter. (2259-2/78) 3.02.050 Purchase orders. Purchase of supplies , services and equipment shall be made only by purchase order, except that the Chief of Administrative Services may direct that purchases, reimbursements or allowances of a sum not to exceed fifty dollars ($50) may be directed to the finance division for payment or reimbursement by petty cash. (2259-2/78, 2464-12/80) 3.02.060 Encumbrance of funds. The Chief of Administrative Services shall not issue any purchase order for supplies, services or equipment unless there h exists an unencumbered appropriation in the fund account against which the purchase is to be charged. (2259-2/78, 2464-12/80) 3.02.070 Formal bidding procedure. Except as otherwise provided in this chapter, purchases of supplies , services, equipment of estimated value greater than eight thousand dollars ($8000) shall be by competitive written bid, and shall be awarded pursuant to the procedures prescribed in this chapter. The Chief of Administrative Services shall solicit bids in writing from prospective vendors and may employ such other means as are calculated to ensure the maximum participation by qualified vendors in the bid competition. (2259-2/78, 2464-12/80) 3.02.080 Bidder's security. In procurements where competitive bidding is utilized, the Chief of Administrative Services may prescribe in his notice that each such bid be accompanied by a cash deposit not to exceed 25 percent of the amount of bid. Unsuccessful bidders shall be entitled to return of his security upon awards to another. A successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The Chief of Administrative Services may, upon default by refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest responsible bidder. In such case, the amount of the original lowest bidder' s security may be applied to 9/92 Huntington Beach Municipal Code 3.02.080--3.02. 150 the difference between the low bid and the second lowest bid, and the f-� remainder, if any, shall be returned to the defaulting original lowest bidder. (2259-2/78, 2464-12/80) 3.02.090 Bid opening procure. Bids shall be submitted to the Chief of Administrative Services in a sealed envelope and shall be identified as such on the outside cover. Envelopes designated as bids shall be opened in public at the time and place stated in the request for quotation. A tabulation of all bids tendered shall be open for public inspection during regular business hours for a period or not less than thirty (30) calendar days after the award. (2259-2/78, 2464-12/80) 3.02.100 Bid rejection. For good cause appearing, the Chief of Administrative Services may reject any or al,l bids tendered. He may waive the informality of any bid presented to him. (2259-2/78, 2464-12/80) 3.02.110 Award of bid. The award shall be to the lowest acceptable and responsible bidder except as otherwise provided herein. Award may be by item, if the Chief of Administrative Services deems such manner of award to be in the best interests of the City. Except as expressly required by City Charter, in the case of informal or formal bid submitted by a local bidder, the Chief of Administrative SErvices shall , for the purposes of bid comparison only, reduce the amount of said bid by 1% for that part of the purchases upon which the City will pay sales tax.- If tie low bids result from this reduction, quality and service being equal , the contract shall be awarded to a local bidder. The one 0%) adjustment is afforded to local vendors to recognize sales tax reimbursements to the City on such purchases . A "Local Bidder" , as that term is used herein, shall be defined as a firm or individual who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in, and is licensed by, or pays business taxes to, the City of Huntington Beach. (2259-2/78, 2464-12/80, 3144-9/92) 3.02.130 Performance bonds. The Chief of Administrative Services shall have authority to require a performance bond before making any award or entering into any contract in such amount as he shall find reasonably necessary to protect the best interests of the City. If the Chief of Administrative Services requires a performance bond, the form of the acceptable bond and amount thereof shall be described in the notices inviting bids. (2259-2/78, 2464-12/80) 3.02.140 Informal bidding procedure. Purchasing of supplies , equipment and contractual services of an estimated value in the amount of eight thousand dollars ($8000) or less may be made without observing the competitive bid requirement prescribed in section 3.02.070, but shall be subject to the minimum bid requirement of this chapter wherever practicable. (2259-2/78, 2464-12/80) 3.02.150 Bids--Minimum number. All purchases and procurements, excepting open market purchases, as defined in section 3.02. 190, shall , wherever possible, be based on at least three (3) bids or quotations . (2259-2/78, 2464-12/80) 9/92 3.02.160--3.02. 190(b) Huntington Beach Municipal Code 3.02.160 Bids--Records retention. The Chief of Administrative Services shall keep a record of all purchases and procurements for a period of one year after the submission of the bid, including a record of all sources contacted and their responses, if any. (2259-2/78, 2464-12/80) 3 02 170 Inspection and testing of equipment and services. The Chief of Administrative Services may inspect supplies and equipment delivered and contractual services performed to determine their conformance with the specifications set forth in the order or contract. The Chief of Administrative Services shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications . (2259-2/78, 2464-12/80) t 3.02.180 Surplus supplies and equipment. All using agencies shall submit to the Chief of Administrative Services, at such times and in such form as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Chief of Administrative Services shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies and equipment. (2259-2/78, 2464-12/80) 3.02.190 Exempt and emergency procurements. The following purchases and procurements are exempted from the requirements of this chapter: (a) Emergency purchases and procurements. An emergency shall be deemed to exist if: 1 (1 ) There is a great public calamity; (2) There is immediate need to prepare for national or local defense; (3) There is a breakdown in machinery or an essential service which requires an immediate procurement in order to safeguard the public health, safety or welfare; (4) An essential , departmental operation affecting the public health, ` safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed service. In case of an emergency which requires the immediate procurement of a commodity or service, the City Administrator may authorize the Chief of Administrative Services to secure by the open-market procedure, at the lowest obtainable price, any service or commodity regardless of the amount of the expenditure. A full report of the circumstances of all emergency purchases shall be submitted to the City Administrator. (b) Interagency purchase agreements. Procurements utilizing purchasing agreements maintained by other public agencies for the provision of services or supplies to such agencies are exempt from the requirements of this chapter. 9/92 -` I Huntington Beach Municipal Code 3.02. 190(c)--3.02.200 (c) Sole—source procurements. In those cases where the procurement of any �. product or supply is obtainable only from a single or sole source, the Chief of Administrative Services, upon approval of the City Administrator, and with the assistance of the City Attorney or his designee, shall negotiate with the purveyor of such equipment, product, supply or service, to the end that the City receives the desired product, equipment, service or supply on fair and equitable terms. Purchases from regulated public utilities may be made pursuant to applicable tariff without regard to this section. (d) Open market and catalog purchases . Open market or catalog purchases and procurements of supplies or services are exempt from the requirments of this chapter when the estimated value of the items or services to be procured is one thousand dollars ($1000), or less . (e) Competitive bidding preference. Competitive bidding is the City' s preferred method of procurement; however, in any procurement situation where it appears that the interests of the City would be better served by utilizing an alternative method of procurement, the Chief of Administrative Services may, with the prior written approval of the City Administrator, proceed to utilize an alternative procedure. "Alternative procedure, " as the term is used herein, includes but is not limited to contract award after negotiation between representatives of the City and one or more prospective vendors. (f) Public works construction contracts. Those public works construction contracts, and the separate procurement of materials and supplies therefor, that are governed by other applicable laws , including but not limited to the City Charter. (2259-2/78, 2433-7/80, 2464-12/80) 3.02.200 Disqualification of vendors. The Chief of Administrative Services may, for good cause appearing, decline to accept offers , bids or quotations from prospective vendors. A vendor whose offer, bid or quotation has been declined shall have the right to appeal such decision of the Chief of Administrative Services to the City Administrator within a reasonable time after demand made in writing to the Chief of Administrative Services to accept the proffered bid, offer or quotation. (2259-2/78, 2464-12/80) 9/92 i j Title l.e REVENUE �AND FINANCE (37-1 /10, 38871 /36 - 529-5/48, 567-11 /50, 643-3./_56, 78-9=8/`60, '878-12l�61 , } 1369-12/67 , 1842-5/73, 187.7-11 /73, .Urg 18-96-1,2173, 1.92'54/74, Urg 1993=6/T5, 2200-7/77, 2227-12/77, 2 8 259-2/78, 2260-2/7. ., 22,62-3/78, 235'42417'9, 2380=7%79, 2433-7/80, 2437-7/80, 2464-12/80, 25004181 , 2636-97'83,, `Urg '266921 M4, 2673-2/84, 2986-3/:89) Chapters: 3_02 Purchasing Division 3.03 Professional 'Servi_ce ! Q�4. Fund Regulations 06 Surplus 'Real Property, 3.08 Capital Outlay Fund 3. 12 Gas Tax Fund 3-. 14 Self Insurance Liability Claims Loss Reserve 3. 16 Determination of CJU 'U Rate 3.20. Documerittary 'Transfer ,Tax 3.-24 Sales and Use Tax 3 .28 Transient­ Occ*upancy Tax_ 3.32 Cigarette Tax 3.36 Utilities Tax 3.40 Community Enrichment_ Library Fees 3'.44 Pipeline' Fran:chises .48 Late, Charges rapt 3 PURCHA'ShNG. DI'VTS 0N, (2259-2/78, 2.4{33-7 8G,, 246.4-12180)• Sections : 3.02 .010 Established 3.02 .020 Officer--Duties, 3.02 .030 Offi ce.r--Exempti on.sl from central i'ze:d_ p,urch'a's:i'ng. 3.02 .040 Procedures 3.02 .050 Purchase- order& 3 .02 .060 Enc,umbra.nce of funds 3.02.070 Formal bidding pro.c,edu.re- 3.02-.080 Bi d,d:er' s sec.uri ty. 3.02.090 Bid opening procedure. 3-.02.: 100.- Bid rejection 3,.02. 110 Award of bid 3.02-. 120 Repealed , _ Ord;i nanc.e- No: 22.5:9 Z' Fe.b T8: 3.02. 130 Performance bonds 3.02. 140 Informal bidding procedure 3.02. 150 Bids--Minimum number 3.02. 160 Bids--Record retention. 3.02. 170 Inspection and testing.'of equipment, and .services.. , 3.02. 180 Surplus supplies and equipment . 3:02. 190 Exempt and emergency procurements . 3.02.200 Disqualification of vendors 3 .02 .010--3.02.080 3.02.010 Established. The purchasing division of the administrative --� services department is established for the purpose of providing for centralized purchasing of all supplies , services and equipment for .the various agencies of the city. ( 2259-2/78,2464-12/80) 3.02._020 Officer--Duties. The chief of administrative services shall direct the activities of the purchasing division . The purchasing officer shall be responsible to the chief of administrative services . The purchasing officer shall enjoy all fringe benefits enjoyed by department heads . (2259-2/78 , 2464-12/80) 3.02_.030 Officer--Exemption from centralized purchasing The chief .of administrative services may authorize in writing any agency to purchase or contract for specified supplies , services and equipment independently of the purchasing division ; but he shall require that such purchases or. contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. (2259-2/78, 2464-12/80) 3.02.040 Procedures . Purchase of supplies , services , equipment and the sale of surplus personal property shall be by procedures provided for in this chapter. (2259-2/78) 3_02.050 Purchase orders . Purchase of supplies , services and equipment shall be made only by purchase order , except that the chief of administrative services may direct that purchases , reimbursements or allowances of a sum not to exceed fifty dollars ($50) may be directed to the finance division for payment or reimbursement by petty cash . (2259-2/78 , 2464-12/80) 3.02.060 Encumbrance of funds . The chief of administrative services shall not issue any purchase order for supplies , services or equipment unless there exist's an unencumbered appropriation in the fund account against which the purchase is to be charged . (2259-2/78 , 2464-12/80) 3.02.070 Formal bidding procedure. Except as otherwise provided in this chapter, purchases of supplies , services , equipment of estimated value greater than eight thousand dollars ($8000) shall be by competitive written bid , and shall be awarded pursuant to the procedures prescribed in this chapter. The chief of administrative services shall solicit bids in writing from prospective vendors and may employ such other means as are calculated to ensure the maximum participation by qualified vendors in the bid competition. (2259-2/78, 2464-12/80) 3.02.080 Bidder' s security. In procurements where competitive bidding is utilized , the chief of administrative services may prescribe in his notice that each such bid be accompanied by a cash deposit not to exceed 25 percent of the amount of bid . Unsuccessful bidders shall be entitled to return of his security upon awards to another. A successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the. city is responsible for the delay. The chief of administrative services may, upon default by refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest responsible bidder. In •such case, the amount of the original lowest bidder' s security may be applied to 3/89 3.02 .080--3.02. 170 the difference between the low bid and the second lowest bid, and the remainder, if any, shall be returned to the defaulting original lowest bidder. (2259-2/78, 2464-12/80) 3.02.090 Bid opening procure. Bids shall be submitted to the chief of administrative services in a sealed envelope and shall be identified as such on the outside cover. Envelopes designated as bids shall be opened in public at the time and place stated in the request for quotation. A tabulation of all bids tendered shall be open for public inspection during regular business hours for a period or. not less than thirty (30) calendar days after the Award. (2259-2/78, 2464-12/80) 3.02. 100 Bid rejection. For good cause appearing, the chief of administrative services may reject any or all bids tendered. He may waive the informality of any bid presented to him. (2259-2/78, 2464-12/80) 3.02.110 Award of bid. The award shall be to the lowest acceptable and responsible bidder except as otherwise provided herein. Award may be by item, if the chief of administrative services deems such manner of award to be in the best interests of the city. (2259-2/78, 2464-12/80) 3.02. 130 Performance bonds. The chief of administrative services shall have authority to require a performance bond before making any award or entering into any contract in such amount as he shall find reasonably necessary to protect the best interests of the city. If the chief of administrative services requires a performance bond, the form of the acceptable bond and amount thereof shall be described in the notices inviting bids . (2259-2/78 , 2464-12/80) 3.02. 140 Informal bidding procedure. Purchasing of supplies , equipment and contractual services of an estimated value in the amount of eight thousand dollars ($8000) or less may be made without observing the competitive bid requirement prescribed in section 3.02.070, but shall be subject to the minimum bid requirement of this chapter wherever practicable. (2259-2/78, 2464-12/80) 3.02. 150 Bids--Minimum number. All purchases and procurements , excepting open market purchases , as defined in section 3.02 . 190, shall , wherever possible, be based on at least three (3) bids or quotations . (2259-2/78; 2464-12/80) 3.02. 160 Bids--Records retention. The chief of administrative services shall keep a record of all purchases and procurements for a period of one year after the submission of the bid, including a record of all sources contacted and their responses , if any. (2259-2/78, 2464-12/80) 3 02 170 Inspection and testing of equipment and services. The chief of administrative services may inspect supplies and equipment delivered and contractual services performed to determine their conformance with the specifications set forth in the order or contract. The chief of administrative services shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are' necessary to determine their quality and conformance with specifications . (2259-2/78, 2464-12/80) 3/89 3.02. 180--3.02. 190(c) 3.02. 180 Surplus supplies and equipment. All using agencies shall submit to the . chief of administrative services , at such times and in such form as he shall prescribe, reports showing all supplies and equipment which are no lodger used or which have become obsolete or worn out. The chief of administrative services shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies and equipment. (2259-2/78, 2464-12/80) 1 02. 190 Exempt and emergency procurements . The following purchases and procurements are exempted from the requirements of this chapter: (a) Emergency purchases and procurements . An emergency shall be deemed to exist if: ( 1 ) There is a great public calamity; (2) There is immediate need to prepare for national or local defense; (3) There is a breakdown in machinery or an essential service which requires an immediate procurement in order to safeguard the public health, safety or welfare; (4) An essential , departmental operation affecting the 'public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the J procurement of the needed service. In case of an emergency which requires the immediate procurement of a commodity or service, the city administrator may authorize the chief of administrative services to secure by the open-market procedure, at the lowest obtainable price, any service or commodity regardless of the amount of the expenditure. A full report of the circumstances of all emergency purchases shall be submitted to the city administrator. (b) Interagency purchase -agreements . Procurements utilizing purchasing agreements maintained by other public agencies for the provision of services or supplies to such agencies are exempt from the requirements of this chapter. (c) Sole-source procurements . In those cases where the procurement of any product or supply is obtainable only from a single or sole source, the chief of administrative services , upon approval of the city administrator, and with the assistance of the city attorney or his designee , shall negotiate with the purveyor of such equipment, product, supply or service, to the end that the city receives the desired product, equipment, service or supply on fair and equitable terms . Purchases from regulated public utilities may be made pursuant to applicable tariff without regard to this section. 3/89 3.02. 190(d)--3.02.200 (ci) QUn tnrk_Q ._�n��� loq purchasg3 . Open market or catalog purchases and procurements of supplies or services are exempt from the requirments of this chapter when the estimated value of the items or services to be procured is one thousand dollars ($1000) or less . (e) Competitive bidding preference. Competitive bidding is the city' s preferred method of procurement; however, in any procurement situation where it appears that the interests of the city would be better served by utilizing an alternative method of procurement, the chief of administrative services may, with the prior written approval of the city administrator, proceed to utilize an alternative procedure. "Alternative procedure, " as the term is used herein, includes but is I not limited to contract award after negotiation between representatives of the city and one or more prospective vendors . (f) Public works construction contracts . Those public works construction contracts , and the separate procurement of materials and supplies therefor, that are governed by other applicable laws , including but not limited to the city Charter. (2259-2/78, 2433--7/80, 2464-12/80) 3,.Q?....lid. . ,Ui„�Q.� l i_.1;. 5�. . _S�►1 ►ijlvr. . The chief of administrative services may, for good cause appearing, decline to accept offers , bids or quotations from prospective vendors . A vendor whose offer, bid or quotation has been declined shall have the right to appeal such decision of the chief of administrative services to the city administrator within a reasonable time after demand made in writing to the chief of administrative services to accept the proffered bid , offer or quotation. (2259-2/78 , 2464-12/80) J 3/89 t t City Clerk' s Office ------------(FC)--( 2 ) ------------ �� Evelyn Counter CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 8/19/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 10.08 Chapter 10.08 G c i d L Laura Nelson, Deputy Records Division 374-1559 339M 10.08.010--10.08.020 r� Chapter 10.08 ENFORCEMENT Sections: 10.08.010 Traffic direction--Authority. 10.08.020 Traffic direction--Persons prohibited. 10. 08.030 Traffic direction--Obedience to officers: 10.08.040 Riders of bicycles or animals . 10.08. 050 Obstructing or interfering with officers: 10.08.060 Public employees to obey regulations. 10.08.070 Exemption of certain vehicles . 10.08.080 Exempted vehicles must use due care. 10.08'090 Exceptions to parking or standing rules. 10.08.100 Accident report--Required-when. 10. 08. 110 Accident report--Contents. 10.08. 120 Accident report--Injured parties . 10.08. 130 Vehicle removal by police. 10.08.140 State highways regulated by city--Approval. 10.08. 150 State highways regulated by city--Authority delegated. 10.08.010 Traffic direction--Authority. Officers, reserve officers, service officers and cadets of the police department and marine safety officers and such special officers of the de- partment of harbors and beaches as are assigned by the chief of police are authorized to direct all traffic by voice, hand, au- dible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police de- partment or members of the fire department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or the vehicle code.- (Ord. 2124, 5 Jan 77; Ord. 11570' 9/65; Ord. 3220, 1/29) 10.08.020 Traffic direction--Persons prohibited. No person other than an officer of the police department or a person au- thorized by the chief of police or a person authorized by law shall direct or attempt to direct traffic by voice; hand or other signal, except that persons may operate, when and as herein provided, any mechanical pushbutton signal erected by order of the director of public works: (Ord. 11570, 15 Sep 65; Ord. 322, 1/29) 274 10.08.030---10.08.080 10.08.030 Traffic direction--Obedience to officers. No person shall fail or refuse to comply with or to perform any act, lawful order, signal or direction of a traffic or police officer, or a member of the fire. department► or a person, au- thorized by the chief of police or by law. (Ord: 1157, 15 Sep 65; Ord. 322, 1/29) 10.08.040 Riders of bicycles or animals . Every person riding a bicycle or driving an animal upon a highway has all of the rights and shall be subject to ,all of the duties applicable to the driver of a vehicle by this title, except those provi- sions which by their very nature can have no application: (Ord. 1157, 15 Sep 65) 10.08.050 Obstructing or interferin with -officers. No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their en- forcement of the provisions of this title. The removal, oblit- eration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking reg- ulations of this title, constitute such interference or obstruc- tion. (Ord. 1157, 15 Sep 65) 10.08.060 Public employees to obey regulations. The pro- visions of this title shall apply to the operator of any vehicle owned by or used in the service of the United States government, this state, any county or city, and it shall be unlawful for any said operator to violate any of the provisions of this title except as otherwise permitted in this title or by the vehicle code. (Ord. 1157, 15 Sep 65) 10.08.070 Exemption of certain vehicles . The provisions of this title regulating the operation, parking and standing of vehicles shall not only apply to vehicles operated by the police or fire departments, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call. (Ord. 1157, 15 Sep 65) 10.08.080 Exempted vehicles must use due care. The fore- going exemptions shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his wilfull disregard of the safety of others. (Ord. 1157, 15 Sep 65) 275 10.08.090--10.08.130 10.08.090 Exemptions to parking or standing rules. The provisions oT this title regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or re- pairlwork or any vehicle owned or operated by the United States post office department while in use for the collection; trans- portation. or delivery of United States mail. (Ord. 1157, 15 Sep 65) 10.08.100 Accident report--Required when. The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant; parking meter, lighting post, telephone pole, electric light or power pole, or resulting in damage to any tree, in or along any street, shall within twenty-four (24) hours after such accident make a written report of such accident to the police department of this city. (Ord. 1157, 15 Sep 65) 10.08.110 Accident report--Contents. Every such report shall state the time when and the place where the accident took place; the name and address of the person owning and of the per- son operating or in charge of such vehicle or animal, the li- cense number of every such vehicle, and shall briefly describe the property damage in such accident. (Ord. 1157, 15 Sep 65 ) 10. 08.120 Accident report--Injured parties. The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this code if and during the time he is physically incapable of making a report, but in such event he shall make a report as required in section 10.08.100 within twenty-four (24) hours after regaining ability to make such report . (Ord. 1157, 15 Sep 65) 10.08.130 Vehicle removal by police. Officers, reserve officers, service officers and cadets of the police department as are assigned by the chief of police are authorized and may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two (72) or more consecutive hours; (b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7 a.m. and 7 p.m. when such parking or standing is prohibited by ordinance or resolu- tion of this city and signs are posted giving notice of such 276 r 10.08.140--10.08. 150 removal; and (c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or con- struction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size; and the parking of such vehicle swould prohibit or interfere with such use or movement; provided that signs giving notice that such . vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal. (d) Any vehicle which is parked or left standing in any city-owned or operated parking lot when such parking or standing has been prohibited by ordinance or resolution. (Ord. 2124, 5 Jan 77; Ord. 1157, 9/65) 10.08. 140 State highways regulated by city--Approval. Any provision of this title which regulates traffic or delegates the r regulation of traffic upon state highways in any way for which the approval of the state Department of Public Works is required by state law, shall cease to be operative six (6) months after receipt by the city council of written notice of withdrawal of approval of the state Department of Public Works. (Urg. Ord. 1292, 3 Jan 67 ; Ord. 1157, 9/65) 10.08. 150 State highways regulated by city--Authority dele- gated. Whenever this title delegates authority to a city offi- cer, or authorizes action by the city council to regulate traf- fic upon a state highway in any way which, by law, requires the prior approval of the state Department of Public Works, no such officer shall exercise such authority nor shall such action by the city council be effective with respect to any state highway without the prior approval, in writing, of the state Department of Public Works when and to the extent required by the state Vehicle Code. (Urg. Ord. 12921 3 Jan 67 ; Ord. 1157, 9/65 ) 277 Huntington Beach Municipal Code 10.08.010--10.08.040 Chapter 10.08 ENFORCEMENT (322-1 /29, 1157-9/65, Urg Ord 1292-1/67, 2124-1 /77, 3163-8/92) Sections- 10.08.010 Traffic direction--Authority 10.08.020 Traffic direction--Persons prohibited 10.08.030 Traffic direction--Obedience to officers 10.08.040 Riders of bicycles or animals 10.08.050 Obstructing or interfering with officers 10.08.060 Public employees to obey regulations 10.08.070 Exemption of certain vehicles 10.08.080 Exempted vehicles must use due care 10.08.090 Exceptions to parking or standing rules 10.08.100 Accident report--Required when 10.08.110 Accident report--Contents 10.08. 120 Accident report--Injured parties 10.08. 130 Vehicle removal by police 10.08. 140 State highways regulated by City--Approval 10.08.150 State highways regulated by City--Authority delegated. 10.08.010 Traffic direction--Authority. Officers, Reserve Officers , Service Officers and cadets of the Police Department and Marine Safety Officers and such special officers of the Community Services Department as are assigned by the Chief of Police are authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department or members of the Fire Department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle Code. (322-1/29, 1157-9/65, 2124-1 /77) 10 08 020 Traffic direction--Persons prohibited. No person other than an officer of the Police Department or a person authorized by the Chief of Police or a person authorized by law shall direct, or attempt to direct traffic by voice, hand or other signal , except that persons may operate, when and as herein provided, any mechanical pushbutton signal erected by order of the Director of Public Works. (322-1 /29, 1157-9/65) 10.08.030 Traffic direction--Obedience to officers. No person shall fail or refuse to comply with or to perform any act, lawful order, signal or direction of a traffic or police officer, or a member of the Fire Department, or a person authorized by the Chief of Police or by law. (322-1 /29, 1157-9/65) 10 08 040 Riders of bicycles or animals. Every person riding a bicycle or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions which by their very nature can have no application. (1157-9/65) 8/92 ° 10.08.050--10.08. 120 Huntington Beach Municipal Code 10.08.050 Obstructing or interfering with officers. No person shall interfere with or obstruct in any way any police officer or other officer or employee of this City in their enforcement of the provisions of this title. The removal , obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this City in connection with the enforcement of the parking regulations of this title, constitute such interference or obstruction, (1157-9/65) 10.08.060 Public employees to obey regulations. The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the United States government, this state, any county or city, and it shall be unlawful for any said operator to violate any of the provisions of this title except as otherwise permitted in this title or by 'the vehicle j code. (1157-9/65) 10.08.070 Exemption of certain vehicles. The provisions of this title regulating the operation, parking and standing of vehicles shall not only apply to vehicles operated by the Police or Fire Departments , any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency f vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call , or to the operation of bicycles by Police Department personnel while in the course and scope of their official duties. (1157-9/65, 3163-8/92) 10.08.080 Exempted vehicles must use due care. The foregoing exemptions shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others. (1157-9/65) F 10.08.090 Exemptions to parking or standing rules. The provisions of this title regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation i or delivery of United States mail . (1157-9/65) 10.08.100 Accident report--Required when. The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to, any fire hydrant, parking meter, lighting post, telephone pole, electric light or power pole, resulting in damage to any tree, in or along any street, shall within twenty-four (24) hours after such accident make a written report of such accident to the Police Department of this City. (11'57-9/65) 10.08.110 Accident report--Contents. Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or animal , the license number of every such vehicle, and shall briefly describe the property damage in such accident. (1157-9/65) 10.08.120 Accident report--Injured parties. The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this code if and during the time he is physically incapable of making a 8/92 k Huntington Beach Municipal Code 10.08. 120--10.08. 150 report, but in such event he shall make a report as required in section 10.08. 100 within twenty-four (24) hours after regaining ability to make such report. (1157-9/65) 10.08.130 Vehicle removal by police. Officers, reserve officers, service officers and cadets of the Police Department as are assigned by the Chief of Police are authorized and may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two (72) or more consecutive hours; (b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7 a.m. and 7 p.m. when such parking or standing is prohibited by ordinance or resolution of` this City and signs are posted giving notice of such removal ; and (c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal . (d) Any vehicle which is parked or left standing in any City-owned or operated parking lot when such parking or standing has been prohibited by ordinance or resolution. (1157-9/65, 2124-1 /77) 10.08.140 State highways regulated by City--Approval . Any provision of this title which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the State Department of Public Works is required by state law, shall cease to be operative six (6) months after receipt by the City Council of written notice of withdrawal of approval of the State Department of Public Works . (1157-9/65, Urg Ord 1292-1/67) 10.08.150 State highways regulated by City--Authority delegated. Whenever this title delegates authority to a City officer, or authorizes action by the City Council to regulate traffic upon a state highway in any way which, by law, requires the prior approval of the State Department of Public Works, no such officer shall exercise such authority nor shall such action by the City Council be effective with respect to any state highway without the prior approval , in writing, of the State Department of Public Works when and to the extent required by the state Vehicle Code. (1157-9/65, Urg Ord 1292-1 /67) 8/92 Huntington Beach Municipal Code 10. 12.010--10. 12.020 Chapter 10.12 SPEED LIMITS (1935-1174, 1947-12/74, 1997-9/75, 2066-7/76, 2316-10/78, 2325-11 /78, 2358-5/79, 2388-9/79, 2421-5/80, Urg Ord 2422-3/80, 2432-6/80, 2527-2/82, 2624-7/83, 2654-11 /83, 2670-11 /83, 2715-9/84, 2878-12/86, 2883-12/86, 3133-8/92) Sections: 10.12.010 Twenty-five m.p.h. prima facie speed limit 10. 12.020 Thirty m.p.h. prima facie speed limit 10. 12.030 Thirty-five m.p.h. prima facie speed limit 10. 12.040 Forty m.p.h. prima facie speed limit 10. 12.050 Forty-five m.p.h. prima facie speed limit 10. 12.060 Fifty m.p.h. prima facie speed limit 10. 12.065 Fifty-five m.p.h. prima facie speed limit 10. 12.070 Speed limits on state highways 10. 12.080 Speed limits enumerated 10.12.010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council Bete-rmines and declares that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of the following streets as listed in Section 10. 12.080 shall be and is twenty-five (25) miles per hour. (1935-11 /74, 1947-12/74, 2066-7/76, 2421-5/80, 2883-12/86, 3133-8/92) 10.12.020 Thirty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of thirty (30) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is thirty (30) miles per hour (1935-11/74, 1947-12/74, 1997-9/75, 2066-7/76, 2388-9/79, 2432-6/80, 2527-2/82, 3133-8/92) 10.12.030 Thirty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets ; that a prima facie speed limit of thirty-five (35) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is thirty-five (35) miles per hour. (1935-11 /74, 1947-12/74, 2358-5/79, Urg Ord 2422-3/80, 2527-2/82, 2654-11 /83, 2670-11 /83, 2715-9/84, 2878-12/86, 3133-8/92) 8/92 10. 12.040--10. 12.080 Huntington Beach Municipal Code 10.12.040 Forty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set ,--� forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets ; that a prima facie speed limit of forty (40) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is forty (40) miles per hour. (1935-11 /74, 1947-12/74, 1997-9/75, 2066-7/76, 2316-10/78, 2358-5/79, 2421-5/80, 2432-6/80, 2527-2/82 , 2624-7/83, 2715-9/84, 2878-12/86, 2883-12/86, 3133-8/92) 10.12.050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of streets hereinafter set forth , the City Council determines and declares that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of forty-five (45) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is forty-five (45) miles per hour. (1935-11 /74, 1947-12/74, 2358-5/79, 2388-9/79, Urg Ord 2422-3/80, 3133-8/92) 10.12.060 Fifty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of fifty (50) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is fifty (50) miles per hour. (1935-11/74, 1947-12/74, 3133-8/92) 10.12.065 Fifty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is fifty-five i (55) miles per hour. (3133-8/92) I 10.12.070 Speed limits on state highways. The State of California has established that orderly movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets and that the prima facie limit of speed on a portion of the following streets shall be and is as listed in Section 10. 12.080. (3133-8/92) 10.12.080 Speed limits enumerated. Streets are listed alphabetically and !� categorized up (North) and to the right (East) . (3133-8/92) 8/92 Huntington Beach Municipal Code 10. 12.080(Adams)--10. 12.080(Brookhurst) Speed & Street Between Section Adams Seventeenth (17th) Main Street 25 10. 12.010 Main Street Lake Street 25 10. 12.010 Lake Street Delaware 40 10. 12.040 Delaware Beach 40 10. 12.040 Beach Newland 45 10. 12.050 Newland Magnolia 45 10. 12.050 Magnolia Bushard 45 10. 12.050 Bushard Brookhurst 45 10. 12.050 Brookhurst Santa Ana River 45 10. 12.050 Algonquin Warner Heil , 40 10. 12.040 Argosy Bolsa Chica Graham 40 10. 12.040 Atlanta Lake Delaware 40 10. 12.040 Delaware Beach 40 10. 12.040 Beach Newland 40 10. 12.040 Newland Magnolia 40 10. 12.040 Magnolia Bushard 45 10. 12.050 Bushard Brookhurst 40 10. 12.040 Banning Magnolia Bushard 40 10. 12.040 Bushard Brookhurst 40 10. 12.040 Beach Pacific Coast Hwy (PCH) Atlanta 50 10. 12.070 (State Atlanta Indianapolis 50 10. 12.070 Route 39) Indianapolis Adams 50 10. 12 .070 Adams Utica 50 10. 12.070 Utica Yorktown 50 10. 12.070 Yorktown Garfield 50 10. 12.070 Garfield Ellis 50 10. 12.070 Ellis Talbert 45 10. 12.070 Talbert Slater 45 10. 12.070 Slater Warner 45 10. 12.070 Warner Heil 45 10. 12.070 Heil Edinger 45 10. 12.070 Edinger North City Limit 45 10. 12.070 Bolsa Bolsa Chica Graham 50 10. 12.060 Graham Springdale 50 10. 12.060 Springdale Edwards 45 10. 12.050 Edwards Goldenwest 45 10. 12.050 Bolsa Chica South City Limit Warner 30 10. 12.020 Warner Heil 50 10. 12.060 Heil Edinger 50 10. 12.060 Edinger McFadden 55 10. 12.065 McFadden Bolsa 50 10. 12.060 Bolsa Rancho 50 10. 12.060 Brookhurst PCH Bushard 50 10. 12.060 Bushard Banning 55 10:12.065 8/92 10. 12.080(Brookhurst)--10. 12.080(Edwards) Huntington Beach Municipal Code Speed & Street Between Section Brookhurst Banning Hamilton 55 10. 12.065 (Cont.) Hamilton Atlanta 55 10.12.065 Atlanta Indianapolis 55 10. 12.065 Indianapolis Adams 50 10.12 .060 Adams Yorktown 50 10. 12.060 Yorktown Garfield 50 10. 12.060 Bushard Brookhurst Banning 45 10. 12.050 Banning Hamilton 50 10. 12.060 Hamilton Atlanta 50 10. 12.060 Atlanta Indianapolis 50 10.12.060 Indianapolis Adams 50 10. 12.060 Adams Yorktown 50 10.12.060 Yorktown Garfield 50 10. 12.060 Center Gothard Railroad 40 10. 12.040 Railroad Beach 40 10. 12.040 Channel Admiralty Gilbert 30 10. 12.020 Clay Main Delaware 35 10. 12.030 Delaware Beach 30 10.12.020 Countess Portofino Edinger 30 10. 12.020 Davenport Baruna Edgewater 25 10. 12.010 Edgewater Algonquin 35 10. 12.030 Delaware Atlanta Indianapolis 35 10. 12.030 Indianapolis Adams 35 10. 12.030 Adams Yorktown 35 10. 12.030 Yorktown Garfield 35 10. 12.030 Garfield Main 35 10.12.030 Main Ellis 35 10. 12.030 Edinger West City Limit Saybrook 40 10. 12.040 Saybrook Bolsa Chica 40 10. 12.040 Bolsa Chica Graham 40 10. 12.040 Graham Springdale 40 10. 12.040 Springdale Edwards 40 10.12.040 Edwards Goldenwest 40 10.12.040 Goldenwest Golden West College 40 10.12.040 Golden West College Gothard 40 10. 12.040 Gothard Huntington Center Signal 40 10. 12.040 Huntington Center Signal Sher 40 10. 12.040 Sher Beach 40 10. 12.040 Beach Newland 45 10. 12.050 Edwards Garfield Ellis 40 10.12.040 Ellis Varsity 40 10. 12.040 Varsity Slater 40 10.12.040 8/92 Huntington Beach Municipal Code 10. 12.080(Edwards)--'10. 12.080(Graham) Speed & Street Between Section Edwards Slater Warner 40 10. 12.040 (Cont. ) Warner Heil 40 10. 12.040 Heil Edinger 40 10. 12.040 Edinger McFadden 40 10. 12.040 McFadden Bolsa 40 10. 12.040 Bolsa North City Limit 45 10. 12.050 Ellis Edwards Goldenwest 45 10. 12.050 Goldenwest Gothard 40 10. 12.040 Gothard Delaware 40 10. 12.040 Delaware. Beach 35 10. 12.030 Beach Newland 40 10. 12.040 Florida Garfield Main 25 10. 12.010 Garfield Edwards Goldenwest 45 10. 12.050 Goldenwest Main Street 40 10. 12.040 Main Street Beach 40 10. 12.040 Beach Newland 45 10. 12.050 Newland _. Magnolia 50 10: 12.060 Magnolia Bushard 45 10. 12.050 Bushard Brookhurst 50 10. 12.060 Brookhurst Ward 50 10. 12.060 Goldenwest PCH Palm 45 10. 12.050 Palm Yorktown 50 10. 12.060 Yorktown Clay 40 10. 12.040 Clay Garfield 40 10. 12.040 Garfield Ellis 40 10.12.040 Ellis Talbert 40 10. 12.040 Talbert Slater 45 10. 12.050 Slater Warner 50 10. 12.060 Warner Heil 40 10. 12.040 Heil Edinger 40 10. 12.040 Edinger McFadden 40 10. 12.040 McFadden Bolsa 40 10. 12.040 Gothard Main Street Ellis 35 10. 12.030 Ellis Talbert 35 10. 12.030 Talbert Slater 35 10. 12.030 Slater Warner 35 10. 12.030 Warner Heil 45 10. 12.050 Heil Edinger 45 10. 12.050 Edinger Center 40 10. 12.040 Center McFadden 40 10. 12.040 Graham South City Limit Slater 40 10. 12.040 Slater Warner 30 10. 12.020 Warner Heil 35 10. 12.030 Heil Edinger 40 10. 12.040 1 Edinger McFadden 45 10. 12.050 McFadden Bolsa 45 10: 12.050 8/92 10.12.080(Hamilton)--10. 12.080(McFadden) Huntington Beach Municipal Code Speed & Street Between Section Hamilton Newland Magnolia 40 10. 12.040 Magnolia Bushard 45 10.12.050 Bushard Brookhurst 45 10. 12.050 Brookhurst East City Limit 40 10.12.040 Heil Saybrook Algonquin 40 10.12.040 Algonquin Bolsa Chica 40 10. 12.040 Bolsa Chica Graham 40 10.12.040 Graham Springdale 40 10. 12.040 Springdale Edwards 40 10.12.040 Edwards Golde,nwest 40 10. 12.040 Goldenwest Gothard 40 10. 12.040 Gothard Beach 40 10. 12.040 Beach Newland 45 10.12.050 Huntington PCH Atlanta 35 10.12.030 Atlanta Yorktown 30 10. 12.020 Yorktown Taylor 25 10. 12.010 Indianapolis Beach Newland 30 10. 12.020 Newland Magnolia 40 10. 12.040 Magnolia Bushard 40 10. 12.040 i Bushard Brookhurst 40 10. 12.040 Lake Orange Frankfort/Sixth (6th) 35 10. 12.030 Frankfort/6th Memphis 35 10. 12.030 Memphis Adams 35 10. 12.030 Adams Yorktown 35 10. 12.030 Los Patos Warner Bolsa Chica 35 10. 12.030 Magnolia PCH Banning 45 10. 12.050 Banning Hamilton 45 10. 12.050 Hamilton Atlanta 45 10. 12.050 Atlanta Indianapolis 50 10.12.060 Indianapolis Adams 45 10. 12.050 Adams Yorktown 50 10. 12.060 Yorktown Garfield 45 10. 12.050 Warner I-405 (San Diego Fwy) 45 10. 12.050 Main Street PCH Adams 25 10. 12.010 Adams 17th 35 10. 12.030 17th Yorktown 35 10. 12.030 Yorktown Garfield 40 10. 12.040 Garfield Delaware 40 10. 12.040 Delaware Ellis/Beach . 40 10. 12.040 McFadden Bolsa Chica Andaman 25 10. 12.010 Andaman Chemical 25 10. 12.010 Chemical Graham 25 10. 12.010 Graham Springdale 45 10. 12.050 8/92 Huntington Beach Municipal Code 10. 12.080(McFadden)--10. 12.080(17th) McFadden Springdale Edwards 45 10. 12.050 (Cont. ) Edwards Goldenwest 45 10. 12.050 Goldenwest Gothard 40 10. 12.040 Gothard East City Limit 40 10. 12.040 Newland PCH Hamilton 40 10. 12.040 Hamilton Atlanta 40 10. 12.040 Atlanta Indianapolis 45 10. 12.050 Indianapolis Adams 45 10. 12.050 Adams Yorktown 45 10. 12.050 Yorktown Garfield 45 10. 12.050 Garfield Ellis 45 10. 12.050 Ellis Talbert 45 10. 12.050 Talbert Slater 45 10. 12.050 Slater Warner 45 10. 12.050 Warner Heil 45 10. 12.050 Heil Edinger 45 10. 12.050 Orange Main Fifth (5th) 30 10. 12.020 5th Ninth (9th) 30 10. 12.020 9th 17th 30 10. 12.020 17th Goldenwest 40 10. 12.040 PCH South City Limit Brookhurst 55 10. 12.070 (State Brookhurst Magnolia 55 10. 12.070 Route 1 ) Magnolia Newland 55 10. 12.070 Newland 900' S/o Beach 55 10. 12.070 900' S/o Beach Huntington 45 10. 12.070 Huntington 800' N/o Huntington 45 10. 12.070 800' N/o Huntington Main 35 10. 12.070 Main 160' S/o Twelfth (12th) 35 10. 12.070 160' S/o 12th 17th 45 10. 12.070 17th 150' S/o Twentieth (20th) 45 10. 12.070 150' S/o 20th 20th 50 10. 12.070 20th Goldenwest 50 10. 12.070 Goldenwest 6200' N/o Goldenwest 50 10. 12.070 6200' N/o Goldenwest 800' S/o Warner 55 10. 12.070 800' S/o Warner North City Limits 40 10. 12.070 Palm Main 17th 35 10. 12.030 17th Goldenwest 35 10. 12.030 Goldenwest Cherryhill 50 10. 12.060 Parkside Holt Edinger 30 10. 12.020 Rancho Bolsa Chica North/East City Limits 40 10. 12.040 Saybrook Davenport Heil 25 10. 12.010 Heil Humboldt 40 10. 12.040 Humboldt Edinger 40 10. 12.040 17th PCH Orange 35 10. 12.030 Orange Palm 35 10. 12.030 Palm Main 35 10. 12.030 Huntington Florida 35 10.92.030 8/92 10. 12.080(Sher)--10. 12.080(Yorktown) Huntington Beach Municipal Code Sher Juliette Low Edinger 35 10. 12.030 Slater Graham Springdale 40 10. 12.040 Springdale Edwards 40 10. 12.040 Edwards Goldenwest 40 10. 12 .040 Goldenwest Gothard 40 10. 12.040 Gothard Beach 40 10. 12 .040 Beach Newland 40 10. 12.040 Springdale Talbert Slater 40 10. 12.040 Slater Warner 40 10. 12.040 Warner Heil 40 10. 12.040 ' Heil Edinger 40 10. 12.040 j Edinger McFadden 45 10.12.050 McFadden Bolsa 45 10. 12.050 { Bolsa Skylab 45 10. 12.050 Skylab North City Limit 45 10. 12.050 Talbert West City Limit Edwards 40 10. 12.040 Goldenwest Gothard 40 10. 12.040 Gothard Beach 40 10. 12.040 Beach Newland 40 10. 12.040 Ward Yorktown Garfield 45 10. 12.050 Warner PCH Sceptre 35 10. 12.030 Sceptre Los Patos 45 10.12 .050 Los Patos Algonquin 45 10. 12.050 Algonquin Bolsa Chica 50 10. 12.060 Bolsa Chica Graham 50 10. 12.060 Graham Springdale 50 10. 12.060 Springdale Edwards 50 10. 12.060 Edwards Goldenwest 45 10. 12.050 Goldenwest Gothard 50 10.12.060 Gothard Nichols 45 10. 12.050 Nichols Ash 45 10.12.050 Ash Beach 45 10. 12.050 Beach Newland 45 10. 12.050 Newland Magnolia 45 10. 12.050 Yorktown Goldenwest Main Street 35 10. 12.030 Main Street Lake Street 35 10. 12.030 Lake Street Delaware 35 10.12.030 Delaware Beach 35 10. 12.030 Beach Vasile 35 10. 12.030 Vasile Newland 40 10. 12.040 Newland Magnolia 50 10. 12.060 . Magnolia Bushard 45 10. 1.2.050 Bushard Brookhurst 45 10. 12.050 Brookhurst Ward 45 10. 12.050 (3133-8/92) 8/92 . GUEST FOR CITY COUNCII, ACTION Date July 6 , 1992 /e'`'-,bmitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Louis F. Sandoval, Director of Public Works Department Chief Ronald Lowenberg, Police Department co"'� X- s�„�or� Subject: City-Wide Speed Limit Ordinance Consistent with Council Policy? [ X ] Yes New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: An Ordinance is required to amend the speed limits on certain streets and to make other corrections as needed. Speed limits will increase on approximately 30 percent of the streets surveyed. RECOMMENDATION: It is recommended that the City Council adopt Ordinance Number 3)33 amending Chapter 10.12 of the Huntington Beach Municipal Code. The ordinance reflects a format change in Chapter 10.12 and changes the Prima Facie speed limit on certain streets that have recently been surveyed. Prima Facie speed limits are best described as the most obvious or readily apparent speed limits. ANALYSIS: A traffic and engineering survey was performed on certain streets, as required by the California Vehicle Code, §627 and §40802(b) and the results of those surveys are indicated in the attached Legislative Draft. The format change has been made so that Chapter 10.12 will be organized on a segment by segment basis, for any individual street. Traffic and engineering surveys must be completed every five years to allow the use of radar for traffic speed enforcement. Failure to update the surveys invalidates radar-enforced speeding citations and forces the Police to "pace" the violator to enforce speed limits. Pacing is considered an impractical enforcement method for logistical reasons. FUNDING SOURCE: Funds are available in Account Number - - - - -b E AA-PW 416 3 04 00 to change posted speed limits as appropriate. C ALTERNATIVE ACTIONS. Take no action and retain the,existing ordinance. This action will disallow the use of radar for 1 speed enforcement on the effected street segn=x..: .t, AT'TAC NTS: Legislative Draft Ordinance MTU:LFS:RMH:rmh RMH:SPEEDLIM.ORD I I I 1' Q 71 LEGISLATIVE DRAFT 10. 12 . 010--10. 12 . 020 Chapter 10.12 Speed Limits sections: 10. 12 . 010 Twenty-five m.p.h. prima facie speed limit. 10. 12 . 020 Thirty m.p.h. prima facie speed limit. 10. 12 . 030 Thirty-five m.p.h. prima facie speed limit. 10. 12 . 040 Forty m.p.h. prima facie speed limit. 10. 12 . 050 Forty-five m.p.h. prima facie speed limit. 10. 12 . 060 Fifty m.p.h. prima facie speed limit. 10.12 . 065 Fifty-five m.p.h. prima facie speed limit. 10. 12 . 070 Speed limits on state highways. 10.12. 080 Speed Limits enumerated. 10.12.010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of the following streets as listed in section 10. 12 . 080 shall be and is twenty-five (25) miles per hour. ; S . (a) Adams-Avenue-between TMain Street and Lake AvC[TQej- (e) Plerida—Street—between Main Street and--Garfield- Avenue -• -(d) Heland-Drive-between Beaeh Beuleyard and Marke-t T►ane (e-) Huntingten Street between Drive and Yerktewn Avenue;- (€-) Main S reetbetween Ass-venue and Paeifi a-Feast Highway; -(g)---McFadden Avenue—between—$o sa Gyea—St -eeta;.q.d Ghemieal Lane; T.. 'DYTPCT 10.12 . 020 Thirty m.p.h. prima facie speed limit Upon the basis of an engineering and traffic survey of 1 r , the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit ' of thirty (30) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12 . 080 shall be and is thirty .(30) miles per hour.;- -(&) Balsa--Ghiea Street etween Warner venue- nd-seu-t-h -ij -i (b) Gha e! Lane-between-Admiralty-ad-Gilbert-Driv s, (e) Glay Avenue between Delaware Street and Bea Beea .,a . (d) Graham Streetbetween Warner--and-Slater-avenues; T �T and- Newland Street j (g) MeFaddefi-_ Avenue between Edinger and Helt Avenues; (h) Grange Avenue between Seventeenth and Main Streets-, (i)—Pa-rleside bane-betwee i—ge- and-He,L T..--,. . 10.12.030 Thirty-five m.p.h. prima facie speed limit. Upon the basis of an. engineering and traffic survey of the portions of the streets hereinafter set forth, the j city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) . miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of thirty-five (35) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portions of the lea lewTT±g streets—said streets as listed G in section 10.12. 080 shall be and is thirty-five (35) miles per hour. -( venee--fietween Main and Delaware tree s; (b) —Eeuntess--Drive between Edinger Avenue- d the terminus--ems-Ge es s-Drive, A•genqu in-street; -(el) Delaware Street between Ellis and At-eta-Avenue; iiyftitT (f) Ellis -Avenue--between--Delaware--Street and Bea Beie ,.a ..... fg-�-Gethard Street b etween•—Warner—Aoxenue—,and--Main 2 . vtl�eet-� f" (-) Graham Street etwee ea, and Warner Aver--ue--- (i) Heil Avenue between Beaeh Beulevard and east eity limitst (j) H ntingten Street betweenAtlanta--moue-and I (k) Lake-Avenue-between 17th-street and Paeifie ^east Highway l (1) ee-Pastes-Drive-betwee�a-�n�ar�re=-- w Avenue and a }sa Ghiea Street; (ra) Main Street between Yerletewn and Adayfis Avenue (n) Menterey Lane between Edinger- Avenue and Saybreek (e) Palm-z Avenue between. Ge_Idenwest and Main Streets-; (p) Seventeenth-Street between Flerida--Street--ate { 3--Sher Lane between Edinger Avenue-and-juliet-eer Drive; _(r) Warner Avenue between S a ep-tre Lane-and Pa e i€-i-e (-s) Yerktewn Avenue-between--Geldenwest—Street s nd 10.12.040 Forty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of forty (40) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12. 080 shall be and is forty (40) miles per hour.; (a) Ada%B *Avenue—between-3ake- Avenue and Be reh Beulevard (b) Algenquin-Streetbetween Warner and Heil Avenues? (e) Ar esy Avenue between Pea-ea Ghiea--and Grah Streets; A-tianta-Avenue between Lake-and-Preekhurst Street-&, Avenue betweenMagnelia and-Breekhur -Gentems-Avenue- between Gethard Street and Beae-h (eF-) Edinger Avenue between-neaeh-Boulevard-and west e-i ty '_imits t r (h) Edwards Street between Belsa and Garfield Avenue (i) Ellis Avenue between Beaeh Be-levard and east ei z i:irrr t s-, 3 Streets;(k) Garfield Avenue between Geldenwest and Gethard Gethard Street between MeFadden and Edinger -(n) Graham Street -between Edinger- and Hei! Avenue; Graham Street between Slater Avenue and se th eity l iffi t (p) Harailten Avenue between Newland Street and east- ei y , it (q) Hell Avenue etwIMPIA. Saybreek Lane and Bea Bee a ra . , (r) ind-ianapelis—Aver a between--Newland St ee na ,.t e i-ty mom= AvenuCt__ -(-t)--MG'Fadden Avenue between--vc'sdeniceS t--btLtec—ce ecS c e t limits . -(u) Newland-Street—between Hel! -Z Avenue and Pae=lire , limits; �T (m) Saybreek T=ane between Heil and Edinger Avenues; (y) Slater Avenue between Newland Street and west eity limits; (i ) Springdale—Street--bewteen Edinger and Ta bert. n.enues; (aa) Talbert Avenue between Geldenwest and Newland Screets and frem Edwards Street--t$--the terminus ec Talbert-Avenue; (bb) Yer1ctewn Avenue--between--Va-sile--Girele—and Ward Street. 10.12 .050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour is mere than ' yeasenable-er safe; twat-a speed limit effer i )_ des pew—het= is— he--most---appropriate—to would facilitate the orderly movement of vehicular traffic and 4-s--would be reasonable and safe upon said streets; a-nd that a prima facie limit of fe1-leaving-streets shall be and--is-forty-five (45) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of 4 the said streets as listed in section 10. 12. 080 shall be and is forty-five (45) miles per hour. (a) Adams Avenue between Beaeh Beulevard and east eity (b) Belsa Avenue between Springdale and Geldenwes-t Streets / -(e) Belsa yea--Street between arfield-aura T- .�.:. ee II (d) Breekhurst Street between Garfield and Hafftil SSVCI�Tj (- -Street between Garfield Avenue--tea Br wuTTL} Street—, t! (f) Edinger Avenue l -i (g) Hills Avenue between Edwards and Geldenwest- '( : fie-: *-�-•`_nue b between Newland and Ward Streets Garfield Avenue between Edwards and Geldenwest Streets; -(j) Gothard Street between Edinger d Warner Avenues,,- (le (1) Magnelia- Street between San Diege Freeway and Warner Avenue and '---4,ween--Garfield Avenue and aelfie-Feast-Highway (n) M4adden Avenue between Graham and Geldenwest Streetst (-n) Springdale-Street--between Edinger Avenue and ner'-'� (e) Ward Street betweenYerietewn and-Garfield-Avenues, -(p) Warner-- oxe to between Magnelia--St-meet and Seeptre M Lane. 10. 12 . 060 Fifty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets- hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit ofeixty €five--(65) twenty-five (25) miles per hour is merethan ' rea-senable and s,=€el that a speed of fifty (5G), miles per heur Is the mest would facilitate the orderly movement of vehicular traffic and 39 would be reasonable and safe upon said streets; aili-d that a prima facie limit of speed en pertlens e€-the fellewing street_ si-mac ands fifty (50) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10.12 .080 shall be and is fifty -(50) miles per hour. (a) Belsa Avenue between Belsa Ghiea and Springdale L�� Aveffuet 10.12.065 Fifty-Five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of fifty-five (55) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in- section 10. 11. 080 shall be and is fifty-five (55) miles per hour. 10.12.070 speed limits on state highways. The State of California has established that orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of the following streets as listed in section 10. 12 . 080 shall be and is as listed in section 10.12.080.-the fellewing prima faele- speed limits: feet s euthe f 12th Street-te eight hundred (8E)G+ feet nerth of 27unti n ten Street is thirty-five (3 5 miles per heur. nerth eity limits-te eight hundred-(890) feet seu (e) The-speed limit (d-) The speed limit--ems-Beaeh Baulev6rd #refe the-rrT e_ty limits- s-the-eenterl e-e€- Ellis- veniae i-9 f er-ty-€ive-(45) miles per hem (e) The-speed 11miz en Paeifie--G a a-st Highway nine hundred✓-(9 9 9)--feet-s euth e€-B eaeh Beui e• r d ke €efive--(4 5) miles per -fifty (-5 G) miles per heirs. feet- nerth-e€--Gel-defwest--Street-_:e-n0--feet svut -r hundred- (8 09) feet-seeth a -Warner Avenue te--6 ,, moo feet nerth-e€-Geldenwest-,Street is fifty-five •5E des per heur. i seut-h eity liyaits is— -fifty—five—(55-) Wiles—fie heur.. 10. 12 .080 Streets are listed alphabetically and categorized UR (North) and to the right (East) ® Note: SQeed Limit changes are parenthesized Street Between speed 6 Section Adams 17th Main Street 25 10. 12 . 010 Main Street Lake Street 25 10. 12 . 010 Lake Street Delaware 40 10. 12 . 040 Delaware Beach 40 10. 12 . 040 4 Beach Newland 45 10. 12 . 050 f Newland Magnolia 45 10. 12 . 050 Magnolia Bushard 45 10.12 .050 Bushard Brookhurst 45 10. 12 . 050 Brookhurst Santa Ana River 45 10. 12. 050 Algonquin Warner Heil 40 10. 12. 040 Argosy Bolsa Chica Graham 40 10.12 . 040 Atlanta Lake Delaware 40 10.12 . 040 Delaware Beach 40 10.12 . 040 Beach Newland 40 10.12 .040 Newland Magnolia 40 10. 12 . 040 Magnolia Bushard (40) 45 10. 12 . 040 Bushard Brookhurst 40 10.12 .040 Banning Magnolia Bushard 40 10. 12. 040 Bushard Brookhurst 40 10. 12 .040 Beach SR 39 PCH Atlanta 50 10. 12 . 070 Atlanta Indianapolis 50 10. 12. 070 Indianapolis Adams 50 10. 12 . 070 Adams Utica 50 10. 12 . 070 Utica Yorktown 50 10. 12 . 070 Yorktown Garfield 50 10.12 . 070 Garfield Ellis 50 10. 12 . 070 Ellis Talbert 45 10. 12 . 070 Talbert Slater 45 10. 12 . 070 Slater Warner 45 10. 12 . 070 Warner Heil 45 10. 12 . 070 Heil Edinger 45 10. 12 . 070 Edinger N City Limit 45 10. 12 . 070 Bolsa Bolsa Chica Graham 50 10.12. 060 Graham Springdale So 10.12 .060 7 ' Springdale Edwards 45 10. 12 . 050 Edwards Goldenwest 45 10. 12 .050 Bolsa Chica S. City Lmt Warner 30 10. 12 . 020 Warner Heil -{-4-5+ 50 10. 12 . 060 Heil Edinger (45) _ 50 10. 12 . 060 Edinger McFadden A-5-0+ 55 10. 12 . 065 McFadden Bolsa 50 10. 12 . 060 Bolsa Rancho 50 10. 12 . 060 Brookhurst PCH Bushard 50 10. 12 . 060 Bushard Banning (56) 55 10. 12 . 065 Banning Hamilton (50) 55 10. 12 . 065 Hamilton Atlanta (45) 55 10. 12 . 065 Atlanta Indianapolis (45) -55 10. 12 . 065 Indianapolis Adams -(45) 50 10. 12 . 060 Adams Yorktown (45) 50 10. 12 . 060 Yorktown Garfield (4 5) 50 10. 12 . 060 Bushard Brookhurst Banning 45 10. 12 . 050 Banning Hamilton (45) 50 10. 12 . 060 Hamilton Atlanta (45)- 50 10. 12 . 060 Atlanta Indianapolis (45) 50 10. 12 . 060 Indianapolis Adams -(45) 50 10. 12 . 060 Adams Yorktown (45)- 5,0 10.12 .060 Yorktown Garfield (4S) 50 10. 12 . 060 Center Gothard Railroad 40 10. 12 . 040 Railroad Beach 40 10. 12 .040 Channel Admiralty Gilbert 30 10. 12 . 020 Clay Main Delaware 35 10.12 . 030 Delaware Beach 30 10. 12 . 020 Countess Portofino Edinger 30 10. 12 . 020 Davenport Baruna Edgewater 25 10. 12. 010 Edgewater Algonquin 35 10. 12 . 030 Delaware Atlanta Indianapolis 35 10.12 .030 Indianapolis Adams 35 10. 12 . 030 Adams Yorktown 35 10. 12 . 030 Yorktown Garfield 35 10. 12 . 030 Garfield Main 35 10.12 .030 Main Ellis 35 10. 12 . 030 Edinger W. City Limit Saybrook 40 10. 12 . 040 Saybrook Bolsa Chica 40 10.12 .040 Bolsa Chica Graham 40 10. 12 . 040 Graham Springdale 40 10. 12 . 040 ® Springdale Edwards 40 10. 12 . 040 8 Edwards Goldenwest 40 10. 12 . 040 Gollennwest G.W. College 40 10. 12 . 040 G.W. College Gothard 40 10.12 . 040 Gothard H.C. Signal 40 10. 12 . 040 H.C. Signal Sher 40 10. 12 . 040 Sher Beach 40 10. 12 . 040 Beach Newland 45 10. 12 . 050 Edwards Garfield Ellis 40 10.12 . 040 Ellis varsity 40 10. 12. 040 varsity Slater 40 10.12 . 040 Slater Warner 40 10. 12 . 040 Warner Heil 40 10. 12 . 040 Heil Edinger 40 10. 12 . 040 Edinger McFadden 40 10. 12 . 040 McFadden Bolsa 40 10. 12. 040 Bolsa N. City Limit (35-) 45 10. 12 . 050 Ellis Edwards Goldenwest 45 10. 12 . 050 Goldenwest Gothard 40 10. 12 . 040 Gothard Delaware 40 Pending Delaware Beach 35 10. 12 . 030 Beach Newland 40 10. 12 . 040 Florida Garfield Main 25 10.12 . 010 Garfield Edwards Goldenwest 45 10.12 . 050 Goldenwest Main Street 40 10.12. 040 Main Street Beach 40 10. 12 . 040 Beach Newland J-4-G+ 45 10.12. 050 Newland Magnolia -(45), 50 10. 12 . 060 Magnolia Bushard 45 10. 12 . 050 Bushard Brookhurst (45-) 50 10. 12 . 060 Brookhurst Ward (45) 50 10. 12. 060 Goldenwest PCH Palm -(-49) 45 10. 12. 050 Palm Yorktown (40) 50 10.12 . 060 Yorktown Clay 40 10. 12. 040 Clay Garfield 40 10. 12 . 040 Garfield Ellis 40 10. 12 . 040 Ellis Talbert 40 10. 12 . 040 Talbert Slater (40) 45 10. 12 . 050 Slater Warner (40) 50 10. 12 . 060 Warner Heil 40 10. 12 . 040 Heil Edinger 4.0 10.12 . 040 Edinger McFadden 40 10. 12 . 040 McFadden Bolsa 40 10. 12 . 040 Gothard Main Street Ellis 35 10.12. 030 Ellis Talbert 35 10. 12 . 030 Talbert Slater 35 10.12 . 030 Slater Warner 35 10. 12 . 030 1� 9 •` Warner Heil 45 10. 12 . 050 Heil Edinger 45 10. 12 . 050 Edinger Center 40 10. 12 . 040 Center McFadden 40 10. 12 . 040 Graham S City Limit Slater 40 10.12 .040 Slater Warner 30 10. 12 .020 Warner Heil 35 10.12 . 030 Heil Edinger 40 10.12 .040 Edinger McFadden 45 10. 12 . 050 McFadden Bolsa 45 10. 12.050 Hamilton Newland Magnolia 40 10. 12. 040 Magnolia Bushard -(4) 45 10. 12. 050 Bushard Brookhurst (40) 45 10. 12 . 050 Brookhurst E. City Limit 40 10. 12 .040 Heil Saybrook Algonquin 40 10. 12 . 040 Algonquin Bolsa Chica 40 10. 12 . 040 Bolsa Chica Graham 40 10. 12. 040 Graham Springdale 40 10. 12. 040 Springdale Edwards 40 10.12 . 040 Edwards" Goldenwest 40 10. 12 .040 Goldenwest Gothard 40 10.12 . 040 Gothard Beach 40 10. 12 . 040 Beach Newland (35) 45 10.12 .050 Huntington PCH Atlanta 35 10. 12. 030 Atlanta Yorktown 30 10. 12 . 020 Yorktown Taylor 25 10. 12 . 010 Indianapolis Beach Newland 30 10.12 . 020 Newland Magnolia 40 10. 12 . 040 Magnolia Bushard 40 10. 12 . 040 Bushard Brookhurst 40 10. 12 . 040 Lake Orange Frankfort/Sixth 35 10.12 . 030 Frankfort/6th Memphis 35 10. 12 . 030 Memphis Adams 35 10. 12. 030 Adams Yorktown 35 10.12 .030 Los Patos Warner Bolsa Chica 35 10. 12 . 030 Magnolia PCH Banning 45 10. 12 . 050 Banning Hamilton 45 10.12 . 050 Hamilton Atlanta 45 10. 12 . 050 Atlanta Indianapolis ( 5) 50 10. 12 . 060 Indianapolis Adams 45 10. 12 . 050 Adams Yorktown -(45) 50 10. 12 . 060 Yorktown Garfield 45 10.12 . 050 Warner I-405 45 10. 12 . 050 10 Maim Street PCH Adams 25 10. 12 . 010 Adams 171h 35 10.12 . 030 17th Yorktown 35 10. 12 . 030 Yorktown Garfield 40 10. 12 . 040 Garfield Delaware 40 10. 12 . 040 Delaware Ellis/Beach 40 10.12 .040 McFadden Bolsa Chica Andaman 25 10. 12. 010 Andaman chemical 25 10.12 .010 Chemical Graham 25 10.12 . 010 Graham Springdale 45 10. 12 . 050 Springdale Edwards 45 10. 12. 050 Edwards Goldenwest 45 10.12 . 050 Goldenwest Gothard 40 10. 12. 040 Gothard E. City Limit 40 10. 12 . 040 Newland PCH Hamilton 40 10. 12 . 040 Hamilton Atlanta 40 10. 12 . 040 Atlanta Indianapolis { } 45 10. 12 . 050 Indianapolis Adams (, ) 45 10. 12 .050 Adams Yorktown (40) 45 10.12 . 050 Yorktown Garfield (40) 45 10. 12 . 050 Garfield' Ellis (4 ) 45 10.12 .050 Ellis Talbert -(40) 45 10.12.050 Talbert Slater -(4-0) 45 _ 10.12 .050 Slater Warner (49) 45 10.12 . 050 Warner Heil (40) 45 10. 12. 050 Heil Edinger -(40) 45 10. 12 . 050 Orange Main Fifth 30 10. 12 . 020 Fifth Ninth 30 10.12. 020 Ninth Seventeenth 30 10. 12. 020 Seventeenth Goldenwest 40 10. 12 . 040 PCH SR 1 S. City Limit Brookhurst 55 10. 12 . 070 Brookhurst Magnolia 55 10.12. 070 Magnolia Newland 55 10. 12 . 070 Newland 9001 S/o Beach 55 10. 12. 070 9001 S/o Beach Huntington 45 10.12. 070 Huntington 8008N/o Huntington45 10.12 .070 8001 N/o Hntgn Main 35 10. 12. 070 Main 1600 S/o 12th 35 10.12. 070 1601 S/o 1212h 172h 45 10.12 .070 17th 150' S/o 20th 45 10.12.070 1508 S/o 201-h 201h 50 10.12 . 070 20j�h Goldenwest 50 10. 12. 070 Goldenwest 6200' N/o Gldnwest50 10. 12 . 070 6200°N/o Gldnwst 8001 S/o Warner 55 10. 12 . 070 8000 S/o Warner N City Limits 40 10. 12 . 070 Palm Main Seventeenth 35 10.12 . 030 Seventeenth Goldenwest 35 10.12 . 030 11 Parkside Holt Edinger 30 10. 12 .020 Rancho Balsa Chica N/E Limits 40 10. 12 . 040 Saybrook Davenport Heil 25 10.12 . 010 Heil Humboldt 40 10. 12 . 040 Humboldt Edinger 40 10. 12 .040 Seventeenth PCH Orange 35 10. 12 . 030 Orange Palm 35 10. 12. 030 Palm . Main 35 10.12 .030 Huntington Florida 35 10.12. 030 Sher Juliette Low Edinger 35 10. 12 . 030 Slater Graham Springdale 40 10. 12 . 040 Springdale Edwards 40 10. 12. 040 Edwards Goldenwest 40 10. 12 . 040 Goldenwest Gothard 40 10.12 . 040 Gothard Beach 40 10. 12. 040 Beach Newland 40 10.12 .040 Springdale Talbert Slater 40 10.12 . 040 Slater Warner 40 10. 12 . 040 Warner Heil 40 10.12. 040 Heil Edinger 40 10. 12 . 040 Edinger McFadden 45 10.12 . 050 McFadden Balsa 45 10.12 .050 Balsa Skylab 45 10. 12 . 050 Skylab N. City limit 45 10.12 . 050 Talbert W City Limit Edwards 40 10.12 . 040 Goldenwest Gothard 40 10. 12. 040 Gothard Beach 40 10.12. 040 Beach Newland 40 10. 12 . 040 Ward Yorktown Garfield 45 10. 12 . 050 Warner PCH Sceptre 35 10.12 . 030 Sceptre Los Patos 45 10. 12 . 050 Los Patos Algonquin 45 10.12 .050 Algonquin Balsa Chica -(45) 50 10. 12 . 060 Balsa Chica Graham (45) 50 10.12 . 060 Graham Springdale (4) 50 10.12 .060 Springdale Edwards (45) 50 10.12 . 060 Edwards Goldenwest 45 10. 12 . 050 Goldenwest Gothard ( ) 50 10. 12 . 060 Gothard Nichols 45 10.12 . 050 Nichols Ash 45 10.12 . 050 Ash Beach 45 10.12 . 050 Beach Newland 45 10. 12 . 050 12 Newland Magnolia 45 10. 12 . 050 Yorktown Goldenwest Main Street 35 10. 12 . 030 Main Street Lake Street 35 10. 12. 030 Lake Street Delaware 35 10.12 . 030 Delaware Beach 35 10. 12 . 030 Beach vasile 35 10.12.030 Vasil& Newland 40 10.12 . 040 Newland Magnolia 50 10. 12 . 060 Magnolia Bushard -{ -" 45 10. 12 . 050 Bushard Brookhurst +4-" 45 10. 12 . 050 Brookhurst Ward 45 10.12.050 M 1 13 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10. 12 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO SPEED LIMITS NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain: SECTION 1: That Chapter 10. 12 ' of the Huntington Beach Municipal Code is hereby repealed and replaced by Chapter 10. 12 to read as follows: Speed Limits sections: 10.12 . 010 Twenty-five m.p.h. prima .facie speed limit. 10. 12 . 020 Thirty m.p.h. prima facie speed limit. 10. 12 . 030 Thirty-five m.p.h. prima facie speed limit. 10. 12 . 040 Forty m.p.h. prima facie speed limit. 10. 12 . 050 Forty-five m.p.h. prima facie speed limit. 10. 12 . 060 Fifty m.p.h. prima facie speed limit. 10. 12 . 065 Fifty-five m.p.h. prima facie speed limit. 10.12 . 070 Speed limits on state highways. 10.12 . 080 Speed Limits enumerated. 10.12 . 010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of the following streets as listed in section 10. 12 . 080 shall be and is twenty-five (25) miles per hour. . 10.12 . 020 Thirty m.p.h. prima facie seed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of thirty (30) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12 . 080 shall be \� and is thirty (30) miles per hour. 1 ' 10. 12. 030 Thirty-five m.p.h. prima facie speed limit. ' Upon the basis of an engineering and traffic survey of the. portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of thirty-five (35) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12 . 080 shall be and is thirty-five (35) miles per hour. 10.12 . 040 Forty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of forty (40) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12 . 080 shall be and is forty (40) miles per hour. 10.12. 050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of r the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of forty-five (45) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12 . 080 shall be and is forty-five (45) miles per hour. 10.12. 060 Fifty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of fifty (50) miles per hour is the most appropriate to facilitate the \� 2 orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12 .080 shall be and is fifty (50) miles per hour. 10. 12 .065 Fifty-Five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie limit of fifty-five (55) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in section 10. 12 .080 shall be and is fifty-five (55) miles per hour. 10.12 .070 speed limits on state highways. The State of California has established that orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of the following streets as listed in section 10. 12 . 080 shall be and is as listed in section 10. 12 . 080. 10.12. 080 Speed limits enumerated. ` Streets are listed alphabetically and categorized up (North) and to the right (East) . Street Between speed & Section Adams 171-' Main Street 25 10. 12 .010 Main Street Lake Street 25 10. 12 . 010 Lake Street- Delaware 40 10. 12 . 040 Delaware Beach 40 10. 12 . 040 Beach Newland 45 10. 12 . 050 Newland Magnolia 45 10. 12 . 050 Magnolia Bushard 45 10. 12 . 050 Bushard Brookhurst 45 10. 12 . 050 Brookhurst Santa Ana River 45 10- 12 . 050 r Algonquin Warner Heil 40 10- 12 . 040 Argosy Bolsa Chica Graham 40 10. 12 . 040 , Atlanta Lake Delaware 40 10. 12 . 040 Delaware Beach 40 10. 12 . 040 Beach Newland 40 10. 12 . 040 3 �l Street Between Speed & Section Newland Magnolia 40 10. 12 . 040 Magnolia Bushard 45 10. 12 . 050 Bushard Brookhurst 40 10. 12 . 040 Banning Magnolia Bushard 40 10. 12 . 040 Bushard Brookhurst 40 10. 12 . 040 Beach SR 39 PCH Atlanta 50 10. 12 . 070 Atlanta Indianapolis 50 10. 12 . 070 Indianapolis Adams 50 10. 12 . 070 Adams Utica 50 10. 12 . 070 Utica Yorktown 50 10. 12 . 070 Yorktown Garfield 50 10. 12 . 070 Garfield Ellis 50 10. 12 . 070 Ellis Talbert 45 10. 12 . 070 Talbert Slater 45 10. 12 . 070 Slater Warner 45 10. 12. 070 Warner Heil 45 10. 12 . 070 Heil Edinger 45 10. 12 . 070 Edinger N City Limit 45 10. 12 . 070 Bolsa Bolsa Chica Graham 50 10. 12 . 060 Graham Springdale 50 10. 12 . 060 Springdale Edwards 45 10. 12 . 050 Edwards Goldenwest 45 10. 12 . 050 Bolsa Chica S. City Lmt Warner 30 10. 12 . 020 Warner Heil 5-0 10. 12 . 060 Heil Edinger 50 10. 12 . 060 Edinger McFadden 55 10. 12 . 065 McFadden Bolsa 50 10. 12 . 060 Bolsa Rancho 50 10. 12 . 060 Brookhurst PCH Bushard 50 10. 12 . 060 Bushard Banning 55 10. 12 . 065 Banning Hamilton 55 10. 12 . 065 Hamilton Atlanta 55 10. 12 . 065 Atlanta Indianapolis 55 10. 12 . 065 Indianapolis Adams 50 10. 12 . 060 Adams Yorktown 50 10. 12 . 060 Yorktown Garfield 50 10. 12 . 060 Bushard Brookhurst Banning 45 10. 12 . 050 Banning Hamilton 50 10. 12 . 060 Hamilton Atlanta 50 10. 12 . 060 ' Atlanta Indianapolis 50 10. 12 . 060 Indianapolis Adams 50 10. 12 . 060 Adams Yorktown 50 10. 12 . 060 Yorktown Garfield 50 10. 12 . 060 4 ' �a G Street Between Speed & Section Center Gothard Railroad 40 10. 12 . 040 Railroad Beach 40 10. 12 . 040 Channel Admiralty Gilbert 30 10. 12 . 020 Clay Main Delaware 35 10. 12 . 030 Delaware Beach 30 10. 12 . 020 Countess Portofino Edinger 30 10. 12 . 020 Davenport Baruna Edgewater 25 10. 12. 010 Edgewater Algonquin 35 10. 12 . 030 Delaware Atlanta Indianapolis 35 10. 12 . 030 Indianapolis Adams 35 10. 12 . 030 Adams Yorktown 35 10. 12 . 030 Yorktown Garfield 35 10. 12 . 030 Garfield Main 35 10. 12 . 030 Main Ellis 35 10. 12 . 030 Edinger W. City Limit Saybrook 40 10. 12 . 040 Saybrook Bolsa Chica 40 10. 12 . 040 Bolsa Chica Graham 40 10. 12 . 040 Graham Springdale 40 10. 12 . 040 Springdale Edwards 40 10. 12 . 040 Edwards Goldenwest 40 10. 12 . 040 Goldenwest G.W. College 40 10. 12. 040 G.W. College Gothard 40 10. 12 . 040 Gothard H.C. Signal 40 10. 12 . 040 H.C. Signal Sher 40 10. 12 . 040 Sher Beach 40 10. 12 . 040 Beach Newland 45 10. 12 . 050 Edwards Garfield Ellis 40 ` 10. 12 . 040 Ellis Varsity 40 10. 12 . 040 Varsity Slater 40 10. 12 . 040 Slater Warner 40 10. 12 . 040 Warner Heil 40 10. 12 . 040 Heil Edinger 40 10. 12 . 040 Edinger McFadden 40 10. 12 . 040 McFadden Bolsa 40 10. 12 . 040 Bolsa N. City Limit 45 10. 12 . 050 Ellis Edwards Goldenwest 45 10. 12 . 050 Goldenwest Gothard 40 10. 12 . 040 Gothard Delaware 40 10. 12 . 040 Delaware Beach 35 10. 12 . 030 Beach Newland 40 10. 12 . 040 Florida Garfield Main 25 10. 12 . 010 5 Street Between Speed & Section Garfield Edwards Goldenwest 45 10. 12 . 050 Goldenwest Main Street 40 10. 12 . 040 Main Street Beach 40 10. 12 . 040 Beach Newland 45 10. 12 . 050* Newland Magnolia 50 10. 12 . 060* Magnolia Bushard 45 10. 12 . 050 Bushard Brookhurst 50 10. 12 . 060* Brookhurst Ward 50 10. 12. 060* Goldenwest PCH Palm 45 10. 12 . 050* Palm Yorktown 50 10. 12. 060* Yorktown Clay 40 10. 12 . 040 Clay Garfield 40 10. 12 . 040 Garfield Ellis 40 10. 12 . 040 Ellis Talbert 40 10. 12 . 040 Talbert Slater 45 10. 12 . 050* Slater Warner 50 10. 12 . 060* Warner Heil 40 10. 12 . 040 Heil Edinger 40 10. 12 . 040 Edinger McFadden 40 10. 12 . 040 McFadden Bolsa 40 10. 12 . 040 Gothard Main Street Ellis 35 10. 12. 030 Ellis Talbert 35 10. 12 . 030 Talbert Slater 35 10. 12 . 030 - Slater Warner 35 10. 12 . 030 Warner Heil 45 10. 12 . 050 Heil Edinger 45 10. 12 . 050 Edinger Center 40 10. 12 . 040 Center McFadden 40 10. 12 . 040 Graham S City Limit Slater 40 10. 12 . 040 Slater Warner 30 10. 12 . 020 Warner Heil 35 10. 12 . 030 Heil Edinger 40 10. 12 . 040 Edinger McFadden 45 10. 12 . 050 McFadden Bolsa 45 10. 12 . 050 Hamilton Newland Magnolia 40 10. 12 . 040 Magnolia Bushard 45 10. 12 . 050* Bushard Brookhurst 45 10. 12 . 050* Brookhurst E. City Limit 40 10. 12. 040 Heil Saybrook Algonquin 40 10. 12 . 040 Algonquin Bolsa Chica 40 10. 12 . 040 Bolsa Chica Graham 40 10. 12 . 040 Graham Springdale 40 10. 12 . 040 Springdale Edwards 40 10. 12 . 040 Edwards Goldenwest 40 10. 12 . 040 Goldenwest Gothard 40 10. 12 . 040 6 , Street Between Speed & Section . Gothard Beach 40 10. 12 .040 Beach Newland 45 10. 12 . 050* Huntington PCH Atlanta 35 10.12 . 030 Atlanta Yorktown 30 10. 12 . 020 Yorktown Taylor 25 10. 12 . 010 Indianapolis Beach Newland 30 10. 12 . 020 Newland Magnolia 40 10. 12 . 040 Magnolia Bushard 40 10. 12 . 040 Bushard Brookhurst 40 10. 12 . 040 Lake Orange Frankfort/Sixth 35 10. 12. 030 Frankfort/6th Memphis 35 10. 12 . 030 Memphis Adams 35 10. 12 .030 Adams Yorktown 35 10. 12 . 030 Los Patos Warner Bolsa Chica 35 10. 12 . 030 Magnolia PCH Banning 45 10. 12 . 050 Banning Hamilton 45 10. 12 . 050 Hamilton Atlanta 45 10. 12 . 050 Atlanta Indianapolis 50 10. 12 . 060* Indianapolis Adams 45 10. 12 . 050 Adams Yorktown 50 10. 12 . 060* Yorktown Garfield 45 10. 12 . 050 Warner I-405 45 10. 12 . 050 Main Street PCH Adams 25 10. 12 . 010 Adams 17th 35 10. 12 . 030 17th Yorktown 35 10. 12 . 030 Yorktown Garfield 40 10. 12 .040 Garfield Delaware 40 10. 12. 040 Delaware Ellis/Beach 40 10. 12. 040 McFadden Bolsa Chica Andaman 25 10. 12 . 010 Andaman Chemical 25 10. 12 . 010 Chemical Graham 25 10. 12 . 010 Graham Springdale 45 10. 12 . 050 Springdale Edwards 45 10. 12 . 050 Edwards Goldenwest 45 10. 12 . 050 Goldenwest Gothard 40 10. 12 . 040 Gothard E. City Limit 40 10. 12 . 040 Newland PCH Hamilton 40 10. 12 . 040 Hamilton Atlanta 40 10. 12 . 040 Atlanta Indianapolis 45 10. 12 . 050* Indianapolis Adams 45 10. 12 . 050* Adams Yorktown 45 10. 12 . 050* q� Yorktown Garfield 45 10. 12 . 050* ` 7 oz C Street Between Speed section Garfield Ellis 45 10. 12 . 050* Ellis Talbert 45 10. 12 . 050* Talbert Slater 45 10. 12 . 050* Slater Warner 45 10. 12 . 050* Warner Heil 45 10. 12 . 050* Heil Edinger 45 10. 12 . 050* Orange Main Fifth 30 10. 12 . 020 Fifth Ninth 30 10. 12 . 020 Ninth Seventeenth 30 10. 12 . 020 Seventeenth Goldenwest 40 10. 12 . 040 PCH SR 1 S. City Limit Brookhurst 55 10. 12 . 070 Brookhurst Magnolia 55 10. 12 . 070 Magnolia Newland 55 10. 12 . 070 Newland 9001 S/o Beach 55 10. 12 . 070 900' S/o Beach Huntington 45 10. 12 . 070 Huntington 8001N/o Huntington 45 10. 12 . 070 800 ' N/o Hntgn Main 35 10. 12. 070 Main 160' S/o 121' 35 10. 12 . 070 1601 S/o 121h- 171-h 45 10. 12 . 070 17th 150 ' S/o 201-h 45 10. 12.070 150 ' S/o 201' 201h- 50 10. 12 . 070 20th Goldenwest 50 10. 12 . 070 C", Goldenwest 6200 ' N/o Gldnwest 50 10. 12 . 070 62001N/o Gldnwst 800' S/o Warner P 55 10. 12 . 070 8001 S/o Warner N City Limits 40 10. 12 . 070 Palm Main Seventeenth 35 10. 12 . 030 Seventeenth Goldenwest 35 10. 12 . 030 Goldenwest Cherryhill 50 10. 12 . 060* Parkside Holt Edinger 30 10. 12 . 020 Rancho Bolsa Chica N/E Limits 40 10. 12 . 040 Saybrook Davenport Heil 25 10. 12 . 010 Heil Humboldt 40 10. 12 .040 Humboldt Edinger 40 10. 12 . 040 Seventeenth PCH Orange 35 10. 12 . 030 Orange Palm 35 10. 12 . 030 Palm Main 35 10. 12 . 030 Huntington Florida 35 10. 12 . 030 Sher Juliette Low Edinger 35 10. 12 . 030 0 V` Street . Between speed & section Slater Graham Springdale 40 10. 12 . 040 Springdale Edwards 40 10. 12 . 040 Edwards Goldenwest 40 10. 12 . 040 Goldenwest Gothard 40 10. 12 . 040 Gothard Beach 40 10. 12 . 040 Beach Newland 40 10. 12 . 040 Springdale Talbert Slater 40 10. 12 . 040 Slater Warner 40 10. 12 . 040 Warner Heil 40 10. 12 . 040 Heil Edinger 40 10. 12 . 040 Edinger McFadden 45 10. 12 . 050 McFadden Bolsa 45 10. 12 . 050 Bolsa Skylab 45 10. 12 . 050 Skylab N. City limit 45 10. 12 . 050 Talbert W City Limit Edwards 40 10. 12 . 040 Goldenwest Gothard 40 10. 12 . 040 Gothard Beach 40 10. 12 . 040 Beach Newland 40 10. 12 . 040 Ward Yorktown Garfield 45 10. 12 . 050 Warner PCH Sceptre 35 10. 12 . 030 . Sceptre Los Patos 45 10. 12 . 050 Los Patos Algonquin 45 10. 12 . 050 Algonquin Bolsa Chica 50 10. 12 . 060 Bolsa Chica Graham 50 10. 12. 060 Graham Springdale 50 10. 12 . 060 Springdale Edwards 50 10. 12 . 060 Edwards Goldenwest 45 10. 12 . 050 Goldenwest Gothard 50 10. 12 . 060 Gothard Nichols 45 10. 12 . 050 Nichols Ash 45 10. 12 . 050 Ash Beach 45 10. 12 .050 Beach Newland 45 10. 12 . 050 Newland Magnolia 45 10. 12 . 050 Yorktown Goldenwest Main Street 35 10.12 . 030 Main Street Lake Street 35 10. 12 . 030 Lake Street Delaware 35 10. 12 . 030 Delaware Beach 35 10. 12 . 030 Beach Vasile 35 10. 12 . 030 Vasile Newland 40 10. 12 . 040 Newland Magnolia 50 10. 12 . 060 Magnolia Bushard 45 10. 12 . 050 Bushard Brookhurst 45 10 . 12 . 050 Brookhurst Ward 45 10. 12 . 050 � a 9 ' SECTION 2 . This ordinance shall take effect thirty 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 , 1992 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk C_ ityy Attorney s- y REVIEWED AND APPROVED: INIT tATEDND AP VED: OWE City Adminis ator Director of ublic Works Q 10 A ,City Clerk' s Office ------------(FC)--( 2 ) ------------ �`� Evelyn Counter CITY OF HUNTINGTON BEACH Office of the City Clerk Records Division 2000 Main Street Huntington Beach, CA 92648 (714) 374-1559 t August 8, 1992 In your last subscription mailing, you received Chapter 17.68, Cost Reimbursement Districts. This code was shown to be effective 8/5/92 in error. The correct effective date is 8/19/92. If you have further questions , you may contact me at the number above. Thank you. Laura Nelson Deputy City Clerk City Clerk' s Office ------------(FC) --( 2) ------------ Evelyn Counter CITY OF HUNTINGTON BEACH Office of the City Clerk Records Division 2000 Main Street Huntington Beach, CA 92648 (714) 374-1559 t August 8, 1992 In your last subscription mailing, you received Chapter 10.12, Speed Limits. This code was shown to be effective 8/5/92 in error. The correct effective date is 8/19/92. If you have further questions, you may contact me at the number above. Thank you. Laura Nelson Deputy City Clerk City Clerk's Office ------------( FC) --( 2)------------ Evelyn I Counter CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 8/5/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5. 16 Chapter 5. 16 Chapter 5.40 Chapter 5.40 Chapter 5.41 Chapter 5.41 Chapter 5.48 Chapter 5.48 Chapter 8.20 Chapter 8.20 Chapter 10.12 , �� � �,ej Chapter 10. 12 C-hzpt-eT--A- 7-:-68 ` '� Chapter 17.68 I k O v A Chapter 5.16 0j RATES (327-4/29, 766-7/60, 838-6/61 , 904-6/62, 1461-2/69, 1604-10/70, 1605-10/70, 1652-9/71 , 2022-1 /76, 2594-2/83, 2784-9/85, 2965-10/88, 3100-5/91 , 3116-6/91 ) Sections: 5. 16.010 Rates per employees 5. 16.020 Rates per employees--Minimum license 5.16.030 Application for reclassification--Action 5. 16.040 License classifications designated 5. 16.050 Flat rate payment code letters " 5. 16.060 Advertising 5.16.070 Amusement activities 5.16.080 Auctioneer 5.16.090 Bankrupt sale 5. 16. 100 Bath 5. 16. 110 Circus 5.16. 120 Contractors 5.16.130 Dancing teacher 5.16.140 House moving t- 5. 16. 150 Repealed, Ordinance No. 2022, 1 Jan 76 5.16. 160 Junk collector 5. 16. 170 Junk dealer and auto wrecking 5. 16. 180 Music or fine arts teacher 5.16.190 Office building 5.16.200 Oil business--Nonproduction 5. 16.210 Outdoor theaters 5. 16.220 Pawnbroker 5. 16.230 Peddler 5.16.240 Public dance hall , public dance and dinner dancing place 5.16.250 Public utilities 5. 16.260 Rooming house, apartment house, motel , bungalow or auto court 5.16.270 Skating rink 5.16.280 Small stands and businesses--Temporary and permanent 5.16.290 Solicitor or canvasser 5. 16.300 Soliciting on streets for hotels or dining rooms 5.16.310 Stockyard auction 5. 16.320 Trailer parks 5. 16.330 Transportation, trucking and hauling--Established place of business 5.16.340 Transportation, trucking or hauling--No business location 5. 16.350 Transportation, trucking or hauling--Exceptions from fee 5. 16.360 Transportation, trucking or hauling--Dump and tank trucks 5. 16.370 Truck rental or leasing 5. 16.380 Passenger vehicle rental or leasing 5. 16.390 Trailer rentals 5. 16.400 Transportation--Water 5. 16.410 Vending, bulk-vending and amusement machines 5. 16.420 Water companies 0 5. 16.430 Repealed, Ordinance No. 2022, 7 Jan 76 6/91 T p f Y 5.16.010--5.16.040 5.16.010 Rates per employees. The following rates shall apply to business ,--� licenses: First three employees. . . .':. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 Next nine persons, per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4.00 Next forty persons, per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00 All other employees in excess of forty, per employee. . . . . . . . . . . . . . $2.00 (766-7/60, 904-6/62, 1605-10/70, 2022-1 /76, 2965-1,0/88, 3100-5/91 ) 5.16.020 Rates per employees--Minimum license. The minimum license in each classification shall be $65.00 per year. In any case where a licensee or an applicant for a license believes that this individual business is not assigned to a proper classification under this chapter because of circumstances. peculiar to it, he may apply to the Finance Director for reclassification. Such application shall contain such information as the Finance Director may deem necessary and require in order to determine whether applicant' s individual business is properly classified. The Finance Director shall then conduct an investigation, following which he shall assign the applicant' s individual business to the classification shown to be proper on the basis of such investigation. (766-7/60, 904-6/62, 1605-10/70, 2965-10/88, 3100-5/91 ) 5.16.030 Application for reclassification--Action. The Finance Director, shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Huntington Beach, California, postage ,prepaid, addressed to the applicant at his last known address. Such applicant may., within fifteen days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council within fifteen days. The City Clerk shall give the applicant at least ten days. notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassifica.tion. . The City Council shall consider all evidence and its findings thereon shall be final . Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. (766-7/60, 904-6/62, 1605-10/70) , 5.16.040 License classifications designated. Every person described in the following- classifications who. engages in business within the City shall pay a license tax based upon the average number of employees at the rates hereinafter set ,forth:. 6/91 . 5.16.040(a)--5.16.040(b) (a) Classification A. Abstractor of titles Electrologist Accountant Employment agency or bureau Accounting service Fine arts or music school Advertising agent Geologist Agricultural advisor or counselor Herbalist Appraiser Industrial relations consultant Aquarian chirothessian Insurance adjuster Architect Interior decorator Assayer Investment counselor Attorney at law Labor relations consultant Auctioneer Landscape architect Auditor Lapidary Bacteriologist Mechanical engineer Bail bond broker Mortician Barber shop Naturopath Beauty shop Oculist Business management consultant Optician Certified public accountant Optometrist Chemical engineer Oral surgeon Chemist Orchard care Child nurseries (4 children or more) Osteopath physician Chiropodist Physician Chiropractor Physician and surgeon ^ Civil engineer Private home for the aged \ Claim adjuster (4 persons or more) Construction engineer Real estate broker Consulting engineer Real estate office Dancing academy Sanitation engineer Dealers in stocks, bonds and Stocks and bonds broker other securities Surgeon Dental laboratory Surveyor Dentist Taxidermist Designer Trade or business school Detective Tree remover Detective agency Tree surgery Draftsman Tree trimming Drugless practitioner Veterinarian Electrical engineer and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor in subsections (f) , (g) , or (h) of section 5.04.010; provided that licenses for contractors not maintaining a fixed place of business in the City may, at the option of applicant for such license, be based upon the flat rate fees prescribed in section 5.16.050. 6/91 i p A 17t 5.16.040(c)-75.16.070 (c) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares, merchandise, or produce, comes under, this classification. (d) Classification D. Any person conducting, managing or carrying on a business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. (327-4/29, 766-7/60, 838-6/61 , 904-6/62, 1605-10/70) 5.16.050 Flat rate payment code letters. Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual , quarterly,. monthly, weekly or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60, 904-6/62) 5.16.060 Advertising. The-fees for advertisers shall be as follows: (a) By distributing samples or handbills, provided that this section shall not apply to any person, employee, agent or representative of any person who already has a City license as provided elsewhere in this chapter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 A (b) By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined in Article 976 of the Huntington Beach Ordinance Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A (c) By vehicle containing amplifier, phonograph, loudspeakers, etc: for each vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A Or at the option of the licensee, for each vehicle. . . . . . . . . . . . . . . $42.50 D If any such vehicle is used by a City licensee to advertise solely his own business and such vehicle is regularly registered and licensed by the state to such licensee, then the fee for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A Or at the option of the licensee, for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 D (d) By means of stereopticon, biograph, moving pictures or similar device (not moving picture theaters) used outdoors . . . . . . . . . . . $215.00 A Or, used indoors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16:070 Amusement activities. License fees are imposed for amusement activities as follows: 6/91 5.16.070(a)--5.16.110 (a) For any bowling alley, the first six lanes, a minimum fee of $327.50 per year; for each lane over six (6) . . . . . . . . . . . . . . . . . $50.00 A (b) For boxing or wrestling exhibitions per exhibition . . . . . . . . . . .. $50.00 (c) Carnival , tent show or open-air show or in hall or building constructed for theatrical purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . $177.50 D In addition, for five concessions or less. . . . . . . . . . . . . . . . . . . . . $57.50 D In addition, for each concession in excess of five . . . . . . . . . . . $33.50 D (d) For each juke box, phonograph or motion picture device operated by insertion of coin, per machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.50 A (e) The owner of the business shall be held responsible for the full amount of the license fee if the operator, exhibitor, machine owner, lessee or other , person has not paid the fee when due and payable. (766-7/60, 904-6/62, 1604-10/70, 2594-2/83, 3100-5/91 ) 5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose permanent place of business, as filed with the California Auctioneer Commission, is located in the City of Huntington Beach, the fee shall be subject to rates per employees as detailed in section 5.16.010. (766-7/60, 904-6/62, 1604-10/70, 2784-9/85) 5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person, the fee shall be $50.00 D. (3100-5/91 ) 5.16.100 Bath. For every person conducting, managing, or carrying on the business of giving steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommodations, the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.164110 Circus. With seating capacity under four thousand, the fee shall be: Firstday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $252.50 D Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $177.50 D With seating capacity over four thousand, the fee shall be: Firstday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $327.50 D Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $177.50 D for every sideshow in conjunction with a circus, the fee shall be $42.50 D For every concession in conjunction with a circus, the fee shall be $35.00 D (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 6/91 ' c 5.16.120--5.16.180 5.16.120 Contractors. Every person engaging in business in this City as a contractor, as defined in subsections (e) , (f) , and (1 ) of section 5.04.010, who does not engage in such business from a fixed place of business within this City, and who elects to exercise the option provided for in section 5. 16.040, shall pay a license fee as indicated herein: General engineering and/or general building contractor . . . . . . . . . . . $132.50 A Specialty, subcontractor, or other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$80.00 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.130 Dancing teacher. Every person engaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given, shall pay a,fee of . . . . . . . . . . . . . . $57.50 A (1604-10/70, 3100-5/91 ) ` 5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures, shall pay a fee of $102.50 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.160 Junk collector. (a) For every person conducting, managing or carrying on the business of junk collector, the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $177.50 A or at the option of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 M D (b) For the purpose of this section, a "junk collector" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail , rags, bottles, papers, cans, metal or other articles of junk. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.170 Junk dealer and auto wrecking. (a) For every person conducting, managing or carrying on the business of junk dealer or auto wrecker, the fee shall be . . . . . . . . . . . . . . . . . . . . $.177.50 A (b) For the purpose of this section an "auto wrecker" means and includes any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place of business where such teaching is carried on, shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) f 6/91 5. 16.190--5.16.230 5_._16_-1.90_—Off i cg__bui 1 di ny. For every person conducting, managing or carrying on the business of operating an office building, for each office therein the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $27.50 A and for each unit/office . . . . . . . . . . . . . . . $6.00 0 604-10%70, 3100-5/91 ) 5.16.200 Oil business--Nonproduction. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the City, the business or activity of oil well , injection well , or water—source—well drilling or servicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or any petroleum products, or byproducts4, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance with section 5.16.010. Nothing in this section shall be deemed to apply or relate to actual oil or gas production -operations. (1652-9/71 ) 5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motions pictures are exhibited the license fee shall be: Number of Stalls Fee per Year First 500 . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $327.50 All over 500 (per stall ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 \ A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.220 Pawnbroker. For the purpose of this section the term "pawnbroker" shall include every person conducting, managing or carrying on the business of lending money either for himself or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the lending of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States. The license fee shall 'be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $477.50 A ,(766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.230 Peddler. Peddlers of flags,- banners, balloons, cones, horns, kites', noise—making instruments, toys, notions, souvenirs or similar goods or novelties of any description other than from a stand, tent, wagon or other vehicle shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00 D orby vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $87.50 A Peddlers of any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and delivering any goods for human consumption directly to the consumer thereof, by'means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place, within this City shall pay a fee of $15:00 D or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $87.50 A 6/91 5. 16.230--5.16.280 Provided, however, that issuance of a license to any person, firm or corporation under this section shall not be construed to permit violation by such person, firm or corporation of Chapter 9.64. The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an additional like fee shall be paid for each additional such person or vehicle so engaged. Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5. 12.050 and 5.12.060. (1604-10/70, 904-6/62, 838-6/61 , 766-7/60, 3100-5/91 ) 5.16.240 Public dance hall , public dance and dinner dancing place. Every person conducting, managing or operating a public dance hall or dinner place shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $327.50 A Every person conducting, managing or operating a public dance shall pay a fee of (per dance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: (a) "Public dance hall " means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. (b) "Public dance" means a dance open to the public for an admittance fee or charge, which is held on one day only. J (c) "Dinner dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.250 Public utilities. Any public utility operating in the City under a franchise or franchises from the City, or applicable therein; and which makes franchise payments thereunder is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the City. (766-7/60, 904-6/62, 1604-10/70) 5.16.260 Rooming house, apartment house, motel bungalow or auto court. For every person conducting, managing, or carrying on the business of operating an apartment house, rooming house, motel , bungalow court or auto court consisting of three or more rental units, the fee shall be $27.50 A and $6.00 per unit. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park, the license fee shall be $177.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91) 5.16.280 Small stands and businesses--Temporary and permanent. Every person, not having a regularly established place of business in this City, who sells or offers for sale goods or articles of any description in his possession, or services, at, on or from a stand upon any public street, alley 6/91 5.16.280--5.16.330 or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall pay a fee of $65.00; or, at the option of the licensee, $15.00 D. (766-7/60, 1604-10/70, 3100-5/91 ) 5.16.290 Solicitor or canvasser. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged, the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $42.50 D Prior to the issuance of any license under this section, each applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.12.050 and 5.12.060. This section shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in the City as provided elsewhere by this title, or who takes orders only from businesses licensed under this title. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon_any public street, alley or other public place, for any hotel , inn, rooming house, lodging house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation, the fee shall be $102.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.310 Stockyard auction. For every person conducting, managing or carrying on any stockyard, sales, stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction, the license fee shall be $177.50 A. (1604-10/70, 3100-5/91) 5.16.320 Trailer parks. For every person conducting, managing or carrying on the business of trailer park or mobilehome park the license fee shall be $102.50 annually for the first twenty-five (25) trailer spaces and $6.00 for each additional trailer space. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.330 Transportation, trucking and hauling--Established place of business. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods, wares, merchandise, products of any nature, raw materials, pipe or castings, tanks or machinery or tools of any description, when said person has an established place of business within the City, shall pay an annual license fee in accordance with the following schedule for each and every motor vehicle so used or operated in excess of one vehicle: for vehicles with a manufacturer' s rated capacity of under one ton $10.50 A for vehicles with a manufacturer' s rated capacity of under three tons, but one ton or over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 A for vehicles with a manufacturer' s capacity of three tons or over $40.00 A (766-7/60, 838-6/61 , 904-6/62, 1604-Oct 70, 3100-5/91 ) 6/91 J r r r r V. 7 5.16.340--5.16.370(a) 5.16.340 Transportation trucking or hauling--No business location. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, and who uses the public streets or highways of this City for the purpose of such use or operation for the delivery or transportation of any goods, wares, merchandise,. products of any nature, raw materials, waste materials, pipe or casting, tanks, machinery. or tools of any description or in connection with rendering services for fees', when said person does not have an established place of business within this City, shall pay an annual license fee of $45 for each and every vehicle so used or operated other than those vehicles described in i secti.ons 5. 16.340 and 5. 16.350. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 5.16.350 Transportation. trucking or hauling--Exceptions from fee No fee hereunder shall be required for the operation of any motor vehicle or equipment along ,the streets of this City if such operation is merely occasional or incidental to, a business conducted elsewhere; provided, however,, that no operation shall be deemed merely occasional if trips -or hauls are made beginning or ending at points within .this City upon an average of more than thirteen in any quarter of the year. More than thirteen such trips or hauls within any quarter shall be .deemed doing business within this City. A business shall be deemed conducted within this City if an office or agency- is maintained here or if transportation business is solicited here. (766-7/60, 838-6/61 ,- 904-6/62, 1604-10/70) 5.16.360 Transportation trucking or hauling--Dump and tank trucks Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation, hauling or delivery or removal of crude , oil , petroleum products or petroleum byproducts in any form, rotary mud, sand, dirt fill , asphalt, water., machinery of any description, or any other articles or commodity not otherwise classified in sections 5. 16.330 and 5. 16.340, who uses the public streets or highways of this City for the purpose of such use or operation, who is not required to pay the license or fees as set forth in sections 5. 16.330 and 5. 16.340, shall pay an annual license fee based upon each motor vehicle so used or operated of . . . . . . . . . . . . . . . . . . . . . . . . $57.50 for each vehicle with single rear axle $42.50 A for each vehicle with dual rear axle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $42.50 A (b) Tank Truck or Tank Wagon (semi—tractor and front trailer as one tank truck or tank wagon) . for each tank truck or tank wagon . . . . . . . . . . . . . . . . . . . . . . . . . $87.50 A for each additional tank truck, wagon or trailer . . . . . . . . . . $20.00 A (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 , 3116-6/91 ) 5.16.370 Truck rental or leasing. (a) Every person conducting, managing or carrying on the business of renting or leasing the use of any truck or motor—propelled vehicle for the transportation of materials, commodities or products, or the transportation of .any other object, to be driven by the person or employees or other representative of the person hiring the same at rates 6/91 5. 16.370(a)--5. 16.400 !� per mile, per trip, per hour, per day, per week, per month, per year or any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $65.00 plus $20.00 for each truck or vehicle over one used in the business. (b) In the case of persons operating trucks or vehicles in this City, within the meaning of sections 5.16.330 through 5. 16.350, when such truck or vehicle has been rented from a truck rental business or agency, the person having rented or hired such truck or vehicle shall pay the license fee prescribed in sections 5. 16.330 through 5. 16.350, whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or leased over one used in the business. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.380 Passenger vehicle rental or leasing. Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the person or employee or other representative of the person hiring, renting or leasing the same at rates per mile, per trip, per hour, per month, per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $65 plus $10.00 for each vehicle over one used in the business. Provided that where a person conducts, manages or carries on the rental or leasing of both trucks and passenger vehicles as one and the same business, from the same place of business, the payment of only one annual license fee of $65 will be required in addition to the prescribed fees for each vehicle over one used in the business. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of $57.50 plus $2.00 per wheel for all trailers used in the business. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3116-6/91 ) 5.16.400 Transportation--Water. Every person engaged in the business, in whole or in part, of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods, wares, merchandise, products of any nature, raw materials, waste materials, pipe or castings, tanks or machinery or tools, of any description, shall pay an annual license fee in accordance with the following schedule: for the first vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 A for each and every vessel so used or operated in excess of one vessel : less than sixteen feet in length . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 A Sixteen feet or over but less than twenty-six feet in length $42.50 A Twenty-six feet or over but less than forty feet in length $50.00 A Forty feet or over in length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $57.50 A (904-6/62, 1604-10/70, 3100-5/91 ) 6/91 5.16.410--5. 16.420 5.16.410 Vending, bulk-vending and ,amusement machines. , (a) Every person owning, conducting, transacting, managing, operating or carrying on the business of providing, furnishing, letting the use of, distributing or maintaining any vending machine, bulk-vending machine and/or amusement machine, as defined in this title, and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: (1 ) Vending Machines: Service machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 A for each machine charging 1¢ to and including 4¢ . . . . . . . . . . . . . . . . . $2.00 A for each machine charging 5¢ to and including 9¢ . . . . . . . . . . . . . . . . . $6.00 A for each machine charging 100 and over . . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 A for each cigarette vending machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 A Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof. (2) Bulk-vending Machines: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 A for each machine charging 1¢ to and including 4¢ . . . . . . . . . . . . . . . . . $2.00 A for each machine charging 5¢ to and including 9¢ . . . . . . . . . . . . . . . . . $4.00 A r for each machine charging 100 or over . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6.00 A (3) Amusement Machines: for each pinball machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A for each pool /billiard machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A for all other amusement machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 'A (b) In the event any license fee provided by this section on any vending or bulk-vending machine is not paid when due and payable, the owner of the business on whose business premises such vending or bulk-vending machine is located, shall be jointly and severally liable to pay the full amount of such license fee. (c) A person having a business license in connection with a fixed place of business in this City is not exempt from payment of license fees otherwise imposed by this chapter. (d) A minimum annual license fee of $327.50 shall be paid by each game arcade, amusement center room, business or parlor containing an aggregate of four or more pool tables, billiard tables, pinball machines, electronic video screen game machines, and/or other amusement devices. The fees levied under this section shall be credited toward such minimum. (2594-2/83, 1461-2/69, 904-6/62, 838-6/61 , 766-7/60, 3100-5/91 ) 5.16.420 Water companies. An annual fee of $27.50 and 750 per customer for the maximum number of customers at one time during the preceding calendar year. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 6/91 \-� 5.40.010--5.40.040 Chapter 5.40 COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS ' (3047-8/90, 3094-4/91 , 3114-6/91 ) Sections- 5.40.010 Intent and Purpose 5.40.020 Definition 5.40.030 Permit Required 5.40.040 Transfer of Permit 5.40.050 Permit Application and Procedure 5.40.060 Issuance or Denial 1� 5.40.070 Appeal of the Action by the Director of Public Works 5.40.080 Appeals to the City Council 5.40.090 Permit Term 5.40.100 Revocation of Permit .5.40.110 Display of Permit 5.40.120 Inspection and Permit Fee 5.40.130 Insurance 5.40. 140 Permittee Liability 5.40.150 Acceptance of Permit by the Applicant 5.40. 155 Permittee required to use Rainbow Transfer Station 5.40. 160 Changes in Permit 5.40. 170 Violation -- Penalty 5.40.010 Intent and Purpose. It is the intent and purpose of this Chapter to establish general operating procedures and standards for trash drop off boxes and trash bins operating within the incorporated area of this city, to provide a fair and impartial means of allowing responsible private operators to provide such service in the public interest. (3047-8/90) 5.40.020 Definitions. For the purpose of this chapter, the following terms are defined: (a) "Director of Public Works" means the Director of Public Works of the City of Huntington Beach. (3047-8/90) (b) "Permittee" means a refuse collector who has been granted a permit by the City of Huntington Beach. (3047-8/90) (c). "Trash Bin" means a container used for the purpose of depositing trash for later collection, or items to be recycled. (3047-8/90) (d) "Dump off box, drop off box, or D.O.B. ", means a container used for the purpose of depositing trash for later collection or items to be recycled. (3047-8/90) 5.40.030 Permit Required. It shall be unlawful , except the City or its j authorized representative, for any person to collect trash from trash bins or trash drop off boxes, or to act in such a capacity either directly or I indirectly without possession of a permit. (3047-8/90) 6/91 i r r r t 5.40.040--5.40.070 4 5.40.040 Transfer of Permit. No license issued pursuant to this chapter can be transferred by operation of law or otherwise. The following shall be considered transfers -for purposes of this section: (a) Any change in the business structure of a licensee, including, but not limited to, changes from or to: (1 ) A sole proprietorship; (2) A partnership, including any change in the partners; and (3) A corporation, including any change in the shareholders, whether by operation of law or otherwise. (3047-8/90) (b) Bankruptcy, an assignment for the benefit of creditors, or the appointment of a receiver. (3047-8/90) (c) A sale or transfer of over ten (10%) percent of the assets of a licensee. (3047-8/90) 5.40.050 Permit Application and Procedure. (a) General . Application for trash bin or D.O.B. permits may be obtained at the office of the Director of Public Works. Permit application forms and processing procedures shall be established by the Director of Public Works. (3047-8/90) (b) Plans. The Director of Public Works may require such details as deemed necessary to determine the exact location, nature, dimensions, duration and purpose of the desired permit. (3047-8/90) 5.40.060 Issuance or Denial . (a) Approval . Upon finding the requested permit conforms to the provision of this Chapter, other applicable provisions of the Huntington Beach Municipal Code, and State and Federal law, the Director of Public Works, or his authorized agent, shall issue the permit. (3047-8/90) (b) Denial . If the Director of Public Works finds that the requested permit is in conflict with any provision of this Chapter or any other applicable provision of law or the Huntington Beach Municipal Code, the Director of Public Works, or his authorized agent, shall deny the permit. (3047-8/90) (c) Time Limit. The Director of Public Works shall approve or deny the permit within three (3) working days of receipt of the written application for the permit. (3047-8/90, 3094-4/91 ) 5.40.070 Appeal of the Action by the Director of Public Works. If any applicant is dissatisfied with decisions of the Director of Public Works, they may appeal such decision to the City Administrator. The appeal shall be in writing to the City Administrator and shall set forth the basis of the appeal . The City Administrator, or his designee, shall hold the hearing on the appeal within thirty (30) days of receipt of the written appeal . The City Administrator, or his designee shall render a written decision within thirty (30) days after the close of the hearing on the appeal . (3047-8/90, 3094-4/91 ) 6/91 i� 5.40.080--5.40.120(a). 5.40.080 Appeals to the City Council . (a) Any person dissatisfied with any decision of the City Administrator may file, within fifteen (15) days after such decision is announced at the conclusion of a hearing, otherwise within fifteen (15) days after mailing the applicant or permittee a written .notice of the decision by registered or certified mail , a written Notice of Appeal to the City Council . (3047-8/90, :3094-4/91 ) (b) Within fifteen (15) days of receipt of a Notice of Appeal to the City Council , the City Administrator, or his designee shall give not .less than ten O U days' written notice of the date, time, and place of such hearing on appeal to the appellant, or. permittee: The City Council ,. at a hearing on appeal , shall consider only the transcript- of -proceedings before the . City Administrator, or his designee, together with any exhibits received in evidence during such proceedings; provided, however, that on application of any party, the City Council may, in its discretion, permit the introduction of additional evidence. In either case, the City Council, may hear and consider additional argument and points and authorities of. law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. (3047 4/90, 3094-4/91 ) 5.40.090 Permit Term. The term of the permit shall be as set forth in the approved permit. A permit may be granted by the Director-of Public Works , for a period not to exceed six (6) months from the date of issuance. The Director of Public Works may terminate a continuing permit by posting a notice on the. trash bin or D.O.B. one (1 ) day, twenty—four (24) hours prior to the date of termination. The permit term may be renewed or extended at the discretion of, the Director of =Public Works. (3047-8/90) 5.40.100 'Revocation of Permit. A permit may be revoked at any time at the option of the Director of Public Works whenever the permittee fails .to comply with or violates this -City ordinance, City standards, safety regulations, or any condition of the issuance of the permit. Upon—revocation— of the permit, the permittee shall immediately remove the trash bin or D%.O.B. If the trash bin or.D:O.B. ,is not removed within twenty—four (24) hours after notice is posted, the city or its authorized representative, may remove and impound the trash bin or D.O.B. Any and all costs incurred by the City for enforcement of this Section shall be-at the expense of the permittee or violator. . Costs incurred by the City will be deducted from any deposits posted by the permittee and, if necessary, recovered by legal action. (3047-8/90) 5.40.110 Display of Permit. The permittee shall post in a conspicuous place upon the trash bin or D.O.B. any permit issued pursuant to this chapter. (3047-8/90) i 5.40.120 Inspection and Permit Fee. (a) Inspection and permit fee. The amount of the inspection and permit fee shall be the actual cost of such inspection and permit by the City as determined by the Director of Public Works, but not to exceed fifty dollars ($50.00) . (3047-8/90, 3094-4/91 ) 6/91 5.40.130--5.40.170(c) 5.40.130 Insurance. Insurance Permittee shall maintain liability and workers' compensation insurance in an amount and form as required by the latest resolution of the City Council for permit applications. (3047-8/90) 5.40.140 Permittee Liability., Permittee shall agree to hold the City, its officers, and employees harmless from any and all liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee' s installation, operation, maintenance or removal of the trash bin or drop off box. (3047-8/90) 5 40 150 Acceptance of Permit by the Applicant. Acceptance by the applicant of the permit shall be conclusive evidence of the reasonableness of the terms imposed and shall constitute a waiver of any right to legislative determination thereof. (3047-8/90) 5 40 155 Permittee required to use Rainbow Transfer Station. All permittees shall bring all refuse collected within the City limits of Huntington Beach to the Rainbow Disposal Transfer Station in Huntington Beach so that proper compliance can be maintained with the State of California Integrated Waste Management Act. Violation of this provision may result in revocation of the permittee' s license. (3114-6/91 ) 5.40.160 Changes in Permit. No changes may be made in the location, dimension,' character, or duration of the use as granted by the permit, except upon written authorization of the Director of Public Works.. (3047-8/90) 5.40.170 Violation -- Penalty. (a) Any person who violates any provision of this chapter. shall be guilty of a MISDEMEANOR, and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months, or by both. Each day of the existence of any continuing violation shall constitute a separate offense. (3047-8/90) (b) If the Director of Public Works determines that a business or corporation is in violation of any provision of •this chapter, he may suspend the business license of the violator for a period not to.exceed one (1 ) year. (3094=4/91 ) -- ---" "" (c) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (3094-4/91 ) 6/91 a 5.48.010' Chap ter 5.48 � � 3C.1 TAXICABS--VEHICLES FOR HIRE -. ty�-d# 3161 (1368-12/67, 1882-1 /74, 2032-2/76, 2088-8/76; 2140-1 /77, 228878/78, 2633-8/83, 3043-7/90) Sections: 5.48.010 Definitions 5.48.020 Certificate--Required 5.48:.030 Certificate--Application 5.48.040 Certificate--Investigation and hearing 5.48.050 Certificate--Issuance °t 5.48.060 Certificate--Application denial 5.48.070 Liability insurance 5.48.080 Certificate--Grounds for revocation 5.48.090 Changes of operation 5.48. 100 Rate schedule--Taxicabs 5.48. 110 Rate schedule--Other vehicles 5.48. 120 Annual vehicle fee 5.48.130 Cruising prohibited 5.48. 140 Taximeters 5.48.150 Taxicab identification lights 5.48. 160 Operation of taximeter 5.48. 170 Registered fare--Request for receipt 5.48.180 Standing taxicab on public street �5.48. 190 Taxicab--Passenger right of exclusive use 5.48.200 Direct route requirements 5.48.210 Taxicab--Business license prepayment 5.48.220 Solicitation of taxicab passengers 5.48.230 Taxicab--Mechanical condition 5.48.235 Taxicab--Certification of fare meter .'5•.48.240 Refusal to pay fare 5.48.250• Taxicab--Driver' s license and permit 5.48.260 Taxicab--Information posted within 5.48.270 Taxicab--Charge regulation 5.48.280 Taxicab--Passenger compartment maintenance 5.48.290 Taxicab--Fire extinguisher 5.48.300 Taxicab--Operation certificate and license 5.48.310 Taxicab--Identification 5.48.320 Twenty-four-hour service required 5.48.330 Driver' s permit--Application 5.48.340 Driver' s permit--Personal appearance 5.48.350 Driver' s permit--Temporary permit 5.48.360 Driver identification card 5.48.370 Driver' s permit--Term--Renewal 5.48.380 Driver' s permit--Revocation 5:48.390 Driver' s permit--Refusal--Appeal 5.48.400 Permit and certificate nontransferable 5.,48.010 Definitions. For the purpose of this chapter, •the words and phrases herein defined shall be construed in accordance with the following definitions, unless it is apparent from the context that a different meaning is intended: 7/90 l 5.48.010(a)--5.48.030(d) (a) "Certificate" means a certificate of public convenience and necessity issued pursuant to this chapter. (b) "Public transportation vehicle" means a motor propelled. vehicle, not otherwise defined in this section, used in the business:`of'transporting passengers over the streets of the City for hire, whether or not the operations extend beyond the boundaries of the City. (c) "Sight—seeing automobile" means a motor—propelled vehicle used .for the purpose of transporting passengers over the streets- for sight—seeing, - showing points of interest or exhibiting lands, houses, property.or other things or objects when a fee is charged. or compensation is obtained from passengers or elsewhere. (d) "Taxicab" means an automobile or motor—propelled vehicle with distinctive markings or color regularly engaged in the business of carrying passengers for compensation or rates based upon distance traveled or time elapsed upon any public street in the City, not over a regular or defined route, and whether or not the operation extends beyond the boundaries of the City. (1368-12/67) 5.48.020 Certificate--Required. No person shall solicit or ,pick up passengers in the City, or engage in the business of operating any of the vehicles defined in section 5.48.010 within the City, without having first obtained a separate certificate of public convenience and necessity for each such business, as. required by this chapter; provided, however, that no such certificate issued by the City shall be required for any operations for which a certificate of public convenience and necessity is needed and has been granted by the public utilities commission of the state of California. (1368-12/67) 5.48.030 Certificate--Application. An application for a certificate shall be filed with the City Clerk upon forms provided by the City. The application must be signed by the applicant and be accompanied by a fee of twenty—five dollars ($25) , plus ten dollars ($10) for each vehicle the applicant proposes to use in the business, and shall contain or be accompanied by the following information: (a) The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each; (b) A complete schedule of the rates proposed to be charged for each type of vehicle; (0 ,A description of every motor vehicle which the applicant. proposes to use, including trade name, motor or serial number, state license number and body style; i (d) The location of the business and the place where the applicant proposes to keep such taxicab or ambulance while not actually engaged; 7/90 5.48.030(e)--5.48.050 (e) .The distinct color scheme, name, monogram and insignia which shall be used on each taxicab, ambulance or other vehicle; (f) The name of the legal and registered owner of each such vehicle; (g) A financial declaration or such other statement of financial responsibility as the council may require showing the financial status of the applicant and -a balance sheet showing the financial status of the applicant, including assets, liabilities and specifically the amounts of all unpaid judgments against the applicant, and the nature of the transaction or event giving rise to such judgments; (h) The experience of the applicant in the business or businesses for which he is seeking a certificate or certificates; (i ) Any facts which. the applicant believes would tend to prove that public convenience and necessity requires the granting of a certificate; (j) Such further information as the City Clerk may require. ('2088-8/76, 1368-12/67) 5.48.040 Certificate--Investigation and hearing. Upon receipt of any such application for a certificate, the City Clerk shall , upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall i inspect the vehicles and equipment and may require the applicant or any person ! named in the application to .be photographed and fingerprinted. The Chief of Police shall complete his investigation within thirty days, unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the City Clerk regarding the moral character of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect to cleanliness, equipment, safety devices, brakes, lights and obsolescence. Upon receipt of the report, the City Clerk shall set the same for hearing before the City Council . The City Clerk shall give notice of the time so set at least five t (5) days before the date of the hearing to the applicant by mail at the address set out in such application, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. The City Council shall render its decision within sixty (60) days after the matter is first set for hearing before it. (1368-12/67) 5.48.050 Certificate--Issuance. At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, and if it is found by the council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall order the City Clerk to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in section 5.48.070, and subject to such conditions as may be imposed by the City Council , including the minimum and maximum number of vehicles that may be used. {1368-12/67) 10 7/90 5.48.060--5.48.080 5.48.060 Certificate--Application denial . If the .City Council finds any of the following conditions to exist it shall deny the application: (a) The application is not in the form and does not contain the .information required to be contained therein by this chapter; (b) The equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used;. (c) The color scheme, name, monogram or insignia to be used upon such vehicles or in the business resembles the color scheme, name, monogram or insignia used by another person, firm or corporation in the same business in the City and therefore may tend to deceive or defraud the public; (d) The applicant has within the past two years had an application for such certificate denied for cause; (e) There is a sufficient number of vehicles of the type described in the application operating in the City to serve the public fully, that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, or that the best interests of the public do not demand and necessity does not. require the issuance of .such permit. (1368-12/67) 5.48.070 Liability insurance. Subject to all other applicable regulations and conditions under which it is issued, the certificate shall authorize the, conduct of� the business only during the time the certificate holder has on file with the City.Clerk a document issued in an insurance company evidencing that the certificate holder is insured under a liability insurance policy providing minimum coverage in the following amounts: (a) Combined single limit bodily injury and/or property damage including products liability: $300,000 aggregate. (b) Additional insured endorsement. The insured agrees that the. City, and/or members of the Huntington Beach City Council , and/or all City Council-appointed groups, committees, commissions, boards and any other City Council-appointed body, and/or elective and appointive officers, servants or employees of the City, when acting as such are additional assureds hereunder. (c) Hold harmless agreement. The insured agrees to protect, defend, indemnify and save harmless the City against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by the insured, his employees, agents or any subcontractor arising out of or in consequence of the. performance of all operations covered by this certificate. Such document evidencing insurance shall provide that the City shall be given thirty days prior written notice of any cancellation, termination or change in the amount of such insurance coverage. (1.368-12/67, 1882-1 /74, .2288-8/78) 5_4.8:080 Certificate--Grounds for revocation. Any certificate or permit granted under the provisions of this chapter may be revoked by the City 7/90 5.48.080--5.48.100 Council ; either as a whole or as to any person or vehicle described therein or. as to the right to use any distinctive color, monogram or insignia, after five days notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certificate should not be revoked, for any of the following reasons: (a) That the document required by section 5.48.070 has not been filed or has been withdrawn or lapsed or is not in force for any reason; (b) For the nonpayment of any City business license or other fees provided by this title; (c) For the breach of any rules, regulations or conditions set out in this j code or the certificate; j (d) For the violation of any of the laws of the state or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate; (e) For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application; (f) For any cause which the City Council finds makes it contrary to the public health, interest, convenience, necessity or general welfare for the certificate or permit to be continued. (1368-12/67) 5.48.090 Changes of operation. (a) In the event any certificate holder desires to change the color scheme or any monogram or insignia used on a vehicle, or to substitute any vehicle for a vehicle described in the application, or to increase or decrease the number of vehicles used, application to the City Council shall be made for permission to do so, and the City Council shall grant such permission if it deems the public interest, convenience and necessity will be served by the change, and if the certificate holder has complied with all the provisions of this chapter. (b) If application is made to increase the number of vehicles, payment of the annual vehicle fee for each additional vehicle requested shall be made at the time of application. Fees tendered for additional vehicles which the City Council does not permit shall be refunded. No refund of the annual vehicle fees paid shall be made when the City Council grants permission to reduce the number of vehicles. (1368-12/67) 5._48.100 Rate schedule--Taxicabs. Each person seeking a certificate of public convenience and necessity for the operation of taxicabs in the City shall file a proposed schedule of rates. The City Council shall by resolution establish a schedule of rates applicable to all taxicabs and may, upon its own i motion or upon the application of any person holding,a certificate of public 7/90 a 5.48. 100--5.48. 170 convenience and necessity, modify or amend such schedule. No •rates shall be established, modified or amended without a hearing before the City Council. Written notice of the hearing shall be given to each certificate holder at least five days before the hearing and the City Council may direct other notice be given as it deems necessary. (1368-12/67) 5.48.110 Rate schedule--Other vehicles. Each person holding. a certificate of public convenience and necessity for the operation of vehicles other than taxicabs shall file a proposed schedule of rates with the City Clerk. The schedule of rates shall be submitted to the City Council for approval and no change shall be made in any rates approved by the City Council without prior approval by the City Council . No person shall charge rates other than those so approved. No hearing is necessary for the approval of these rates or changes therein. (1368-12/67) 5.48.120 Annual vehicle fee. Each holder of a certificate issued hereunder shall pay an annual fee for each fiscal year or portion of a fiscal year for each vehicle operated in accordance with the following schedule: For one taxicab $ 100 For each additional taxicab $ 30 For one vehicle other than taxicab, defined in section 5.48.010 -$ 25 For each additional vehicle other than taxicab so defined $ 10 The fees are due July 1 of each year and if not paid become delinquent August 1 of each year. (1368-12/67), 5.48.130 Cruising prohibited. No driver of a vehicle, other than a . taxicab, defined in section 5.48.010, shall cruise in search of passengers. (1368-12/67) 5.48.140 Taximeters. All taxicabs operated under the authority of this chapter shall be equipped with taximeters of a type and design approved by the Chief of Police, located in the vehicle so as to render the figures visible to the passengers at all times of the day or night, and after sundown the face of the taximeter shall be illuminated. No other fare shall be charged than is recorded on such taximeter. Such taximeter shall be subject to inspection from time to time by the Chief of Police or his authorized representative, and the Chief of Police shall compel the owner to discontinue the operation of any taxicab in which the taximeter is found to calculate inaccurately until such taximeter is replaced by one approved by the Chief of Police or is adjusted to his satisfaction. (1368-12/67) 5.48.150 Taxicab identification lights. Each taxicab shall be equipped with a single light on top of the vehicle to be lighted to indicate the vehicle is available for hire. (1368-12/67) 5.48.160 Operation of taximeter. No driver of a taxicab shall fail to engage the taximeter at the beginning of a trip when the taxicab is hired by a passenger or fail promptly to disengage the meter at the termination of the service. (1368-12/67) 7/90 5.48.170--5.48.240(a) . 5 48 170 Registered fare--Request for receipt. No driver shall charge any fare or fee other than that registered on the taximeter or fail or .refuse to .give a receipt for the amount charged upon the• request of the person paying the fare. (1368-12/67) 5 48 180 Standing taxicab on public street. No person shall cause or permit a taxicab to remain standing upon any portion of any .public street within the City, except for loading and unloading, passengers, and then not for a period of more than five (5) minutes; excepting at such stands as may be designated by the City Council . This section shall not apply. to any taxicab while the same is engaged by and being paid for by a passenger. (1368-12/67) 5 48190 Taxicab--Passenger right of exclusive use. No operator or owner of any taxicab shall solicit or carry any additional passenger after such taxicab has been engaged, or while in use by a passenger, without the consent of the passenger first engaging the same having first been obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and unimpaired use of the passenger compartment and the whole thereof, if he desires the same. (1368-12/67) 5.48.200 Direct route requirement. No person who is the driver of any , taxicab shall carry any passenger to his destination by any route other than the most direct and accessible route. (1368-12/67) 5.48.210 Taxicab--Business license prepayment. No person shall operate any taxicab business without prepaying any license fee required by the City for the transaction of any such business. (1368-12/67) 5.48.226 Solicitation of taxicab passengers. No driver of a taxicab shall leave the side of his vehicle to solicit passengers in a louder tone of voice than that used in ordinary conversation. (1368-12/67) 5.48.230 Taxicab--Mechanical condition. No person shall operate a taxicab that is not in good mechanical condition. Each holder of a certificate issued pursuant to this chapter shall submit proof to the City that each taxicab has been inspected by a- licensed official California state vehicle inspector. An inspection report shall be submitted to the City semiannually for each taxicab and said inspection report shall state that all safety aspects of the vehicle are in operation in conformance with the California state vehicle code and shall also recertify the emission control system of the vehicle. (1368-12/67, 2288-8/78) 5.48.235 Taxicab--Certification of fare meter. The holder of a certificate issued pursuant to this chapter shall provide proof to the City that the odometer/fare meter system has been certified by the Orange County bureau of weights and measures. Each taxicab shall be recertified annually, and proof of such recertification shall be submitted to the City. (2288-8/78) 5.48.240 Refusal to pay fare. (a) No person shall refuse to pay the legal fare for the hire of any taxicab, ^� after having hired the same. 7/90 5.48.240(b)--5.48.330 (b) No person shall hire any vehicle described in this chapter with the intent to defraud the person from whom it is hired of the charges or fare. (1368-12/67) 5.48.250 Taxicab--Driver's license and permit. No person' s.hall drive a taxicab in the City without first having obtained a taxicab driver' s ,permit issued by the Chief of Police, as provided in this chapter: (1368-12/67) 5.48.260 Taxicab--Information posted within. Every taxicab shall have visibly posted in the passenger' s compartment a schedule of rates and charges for the hire of the vehicle established by the City Council , a card bearing the driver' s name and address as hereinafter provided, and another card bearing the owner' s name, address and telep"hone number, the cab number and the City Police Department telephone number, all contained in a small metal container or holder, at least 3 x 4 inches in size and placed in a conspicuous place in the passenger compartment. (1368-12/67) 5.48.270 Taxicab--Charge regulations. No charge shall be made by a driver or operator of a taxicab lower than or in excess of the rates posted in the passenger compartment of the taxicab. A flat rate which is less than but not in excess of the round trip meter rate, plus waiting time, may- be -charged for trips outside the City, where the one-way distance of the trip is greater than six miles. (1368-12/67) 5.48.280 Taxicab--Passenger compartment maintenance. No taxicab shall be operated unless the passenger compartment is kept in a clean and sanitary condition. (1368-12/67) 5.48.290 Taxicab--Fire extinguisher. Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition. (1368-12/67) 5.48.300 Taxicab--Operation certificate and license. No person shall solicit or pick up passengers for pay within the City for transportation in any cab, taxicab, automobile, station wagon or bus who is not licensed by and carrying a certificate to do so from the City Council , except passengers for buses operating under authority of the public utilities commission. (1368-12/67) 5.48.310' Taxicab--Identification. Every certificate holder shall designate each of his taxicabs by number, and no two taxicabs of any certificate holder shall be designated by the same number. The name or trade name of the certificate holder and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. (1368-12/67) 5...48.320 Twenty-four-hour service required. No person who operates a taxicab business or an ambulance business shall fail to provide taxi service and ambulance service, respectively, for twenty-four (24) hours a day and seven (7) days a week. (1368-12/67) .448.330 Driver's permit--Application. No person shall drive or operate any vehicle described in this chapter in the City without first obtaining a 0 7/90 i 5.48.330--5.48.380 permit in writing to do so from the Chief of Police. Any person des to obtain such driver' s permit shall make a written application therefor to the Chief of Police accompanied by a fee set by resolution of the.City Council . No permit shall be issued to any person under the age of .eighteen (18) years ,. to any person not a citizen of the United States unless such person has lawfully declared his intention of becoming such, or to any person who is incompetent or for any reason whatsoever unable to handle such vehicle safely. No permit shall be issued to any person who has been convicted of a felony, or within the period of two (2) years immediately preceding such application has been convicted of reckless driving or driving a vehicle upon a highway while,under the influence of intoxicating liquors or drugs, or who has been convicted of violating any provisions of the alcoholic .beverage control act of the state of California, unless such'\person shows to the satisfaction of the Chief of Police that issuing a driver' s permit to him would not in any way be contrary to the public interest, welfare or safety. No driver' s permit shall be granted to any person who is not of good moral character or who cannot speak the English language or who does not hold a valid, appropriate driver' s license issued by the motor vehicle department of the state, or who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles: Any falsification on the application for the permit will be grounds for refusal of the permit. (1368-12/67, 2032-2/76,- 2140-1 /77, 2633-8/83) ,. 5 48 340 Driver's permit--Personal appearance. Before a permit is granted to any applicant, the applicant shall present himself to the Police Department, be photographed or furnish an acceptable photograph, and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the Police Department. (1368-12/67) 5.48.350 Driver's permit--Temporary permit. Pending the completion of the investigation of an applicant, the Chief of Police may grant a temporary permit to a person who has made application for a driver' s permit and appears to be qualified for such permit. The temporary permit shall automatically expire sixty (60) days from the date it was issued or upon issuance of a regular driver' s permit. The Chief of Police shall summarily revoke any temporary permit when he determines not to issue a driver' s permit to the applicant. (1368-12/67) 5.48.360 Driver identification card. Upon obtaining the regular permit, the driver or operator shall at all times keep posted in full view in the vehicle operated by him an identification card furnished by the Chief of Police, which shall have plainly printed thereon the name of the driver or operator, his business address and telephone number, his permit number and his photograph. (1368-1.2/67) 5.48.370 Driver's permit--Term--Renewal . Permits for all drivers may be renewed on a year-to-year basis provided that the permittees continue to meet the requirements set out in this Chapter. The renewal fee for Driver' s Permit shall be fifteen dollars ($15.00) . The permits are personal and nontransferable. (3043-7/90, 2140-1/77, 2032-2/76, 1368-12/67) 5.48.380 Driver's permit--Revocation. The Chief of Police may revoke or suspend any-such driver's permit so issued for any violation of the provisions 7/90 5.48.380--5.48.380 4 _ of this chapter by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such facts existed at the time application was made for such permit or came into existence thereafter. (1368-12/67) 5.48.390 Driver's permit--Refusal--Appeal . In the event of 'a refusal , revocation or suspension of any driver' s permit by the Chief of Police, the applicant or permittee may appeal from the decision to the City Council , which may in its discretion affirm, reverse or modify the decision made by the Chief of Police. (1368-12/67) 5.48.400 Permit and certificate nontransferable. No certificate or permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the City Council_ having been first obtained. (1368-12/67) 01 7/90 8.20.010 Chapter 8,20 3141 REFUSE (250-11/22, 1688-12/71 , 1788-11/72, 1974-5/75, 2450-9/80, 2675-2/84, 2890-3/87, 2952-8/88) Sections: 8.20.010 Definitions 8.20.015 Residential Curbside Collection Charge 8.20.020 Leaving in public places 8.20.030 Occupant responsible for premises 8.20.040 Accumulation prohibited 8.20.050 Storage 8.20.060 Containers--Location 8.20.070 Container--Interference 8.20.080 Container--Improper substances 8.20.090 Collection--Manner ! 8.20. 100 Collection--Unit of service 'I 8.20.110 Collection--Other premises 8.20. 120 Collection--Excluded refuse 8.20.130, Collection--City contract 8.20. 140 Transportation--Conveyance approval 8.20.150 Disposal methods 8.20.160 Repealed, Ordinance No. 2450, 16 Aug 80 8.20. 170 Repealed, Ordinance No. 2450, 16 Aug 80 8.20. 180 Repealed, Ordinance No. 2450, 16 Aug 80 8.20. 190 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.200 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.210 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.220 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.230 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.240 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.250 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.260 Violation--Penalty 8.20.010 Definitions. The following definitions shall apply in the interpretation and enforcement of these regulations: (a) "Basic level of service" means that level of collection and disposal service necessary to collect refuse generated by an average family in one unit of service, as specifically provided in any given contract between the city and any person for collection of such refuse, or as provided by resolution of the city council .. Refuse items or substances excluded from collection by regulation of the director or by contract., as hereinafter provided; refuse capable thereof which has not been placed in containers or bundles within the weight and size limits hereinafter set forth for containers or bundles, any unit of refuse which exceeds four 8 88 8.20.10(a)--8.20.10(j) feet in length or which exceeds forty pounds in weight, and any amount of refuse in excess of that provided by such contract or such resolution as that generated by an average family in one unit of service, are excluded from the "basic level of service." (b) "City refuse collector" means any collector either employed, by or under contract with the city to provide removal , transportation, and disposition of refuse from residents and users of premises within the city, other than one who does so from his own premise's. (c) "Collection" means pickup, removal , transportation or disposition of refuse, except by a person with refuse from premises owned, occupied or used by such person, as hereinafter provided. (d) "Director" means the Huntington Beach director of public works or his authorized representative. (e) "Garbage" means all putrescible solid wastes, including but not limited to vegetable matter, animal offal and carcasses of small animals, discarded food containers or other matter that attends the preparation, consumption, packing, canning, storage and decay of meats, fish, fowls, vegetables and fruit intended for human and animal consumption, excluding human excrement. (f) "Nonunit of service" means and includes all locations specifically excluded from subsection W . (g) "Person" means any individual , firm, governmental unit, organization, partnership, corporation, company or other entity. (h) "Refuse" means garbage and solid waste and shall not include sewage waste or wastewater, explosive substances , radioactive materials , materials which have been exposed to highly.infectious or contagious diseases , or other hazardous materials. (i ) "Rubbish" means all nonputrescible solid wastes, including but not limited to special handling items such as trees, tree limbs, logs, automobile bodies, motor vehicle parts, building materials , appliances, household goods, sod and dirt, metal , wood and rock. Q) "Solid wastes" means combustible and noncombustible waste materials not included in the term "garbage" and shall include tree and shrubbery trimmings, lawn renovations, grass, weeds, leaves , chips, paper, pasteboard, magazines , books , rags , rubber, carpet, clothing, boots, shoes, hats , furniture, bedding, bottles; cans , metals , mineral matter, glass, crockery, dirt, dust, packing boxes and cartons , crates, packing material and all other kinds of rubbish, trash or waste material which ordinarily accumulates in the operation of a household or a business. 8/88 8.20. 10(k)--8.20.050(a) yi (k) "Unit of service" means each single-family residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving noncommercial refuse collection service. . It shall not include any hotel , motel , lodge, hall , club, tourist camp, trailer camp, mobilehome park, church, business or industrial establishment, or any lot containing more than four dwelling units. (1688-12/71 , 1788-11/72, 2450-9/80„ 2675-2/84 2890-3/87) 8.020.015 Residential Curbside Collection Charge. There shall be a charge for residential curbside collection which ,rates shall be established from time to time by resolution of the City Council . ` Such charge shall apply to persons occupying single-family dwellings, and each dwelling unit within a duplex, a triplex or a fourplex. This charge shall not apply to 'persons occupying residential units such as apartments, mobilehome parks; or other multi-family complexes, who are currently contracting directly with a refuse disposal company. (2952-8/88) Any person receiving residential curbside collection who is sixty-two years of age or older shall be exempt from the charge imposed by this section provided the combined adjusted gross- income, as used for federal income tax reporting purposes of all members of the household, was less than ten thousand dollars for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided by this section is appliled. (2952-8/88) 8.20.020 Leaving in public places. No person shall deposit, sweep, throw, discard or leave any refuse or cause such refuse to be deposited, swept, placed, thrown, discarded or left upon any public street, highway, alley, sidewalk, street parking or other, public place in this city. (250-11/22, 1788-12/72,) 8.20.030 Occupant responsible for premises. Every person occupying, using or controlling any premises shall keep the premises in a clean and sanitary condition, and no person shall permit any sewer effluent, excrement, slop or stagnant water, butcher offal , market refuse, garbage, dead animal or any other noxious or offensive matter of any kind, or any other substance that may become offensive, to be deposited or to remain thereon except as otherwise provided 'by law. (250-11/22, 1788-12/72) 8.20.040 Accumulation_prohibited. No person occupying, using or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the director or by i law. (250-11/22, 1788-12/72) 8.20.050 Storage. (a) Garbage shall be stored. in a container of a type approved by the director. Every such container shall be constructed of metal , or equally durable material , in such manner as to be strong, watertight, i i 8/88 Y 8.20.050(a)--8.20.60(3)(b) not easily corrodible, fly proof, and rodent proof. Such container shall have handles or other attachments designed for and capable of lifting, and shall have covers which shall be kept fn place at all times, except when garbage or other refuse is being deposited or removed from such container. Such cover when in place shall fit so as to render fly proof any covered container. A sufficient number of containers shall be provided to hold at least one week' s accumulation of garbage. Each garbage container shall be kept clean so that no odor or other nuisance will exist. Containers for single-family residences shall have a capacity not to exceed thirty-two gallons and shall not weigh more than sixty pounds when filled. (b) Rubbish shall be stored in such a manner that it will not provide harborage to rats, nor cause a fire hazard. (c) Equally durable nonmetallic containers may include but shall not be limited to heavy plastic or "wet strength" kraft paper throwaway refuse bags of a type approved by the director. Such bags shall comply with all of the requirements of ,subsections (a) and (b) except for the requirements of handles and covers. (d) Tree trimmings and other similar matter shall be tied in bundles measuring not more than four feet long and weighing not more than forty pounds. (1688-12/71 , 1788-12/72) 8.20.060 Containers--Location. (a) Each refuse container and any accumulation of refuse which is for ' collection, shall be kept or placed in such a manner as not to be visible from the public street except during or for the time fixed for the collection thereof. During such period, any containers or any accumulation of refuse which is for collection shall be placed as follows: (1 ) Near alley. On the premises, within five feet of the rear property. line, where there is a through alley in the rear of the premises; i (2) Access from side entrance. On the premises at an accessible point adjacent to any side -entrance thereto where no through alley exists; i (3) At curb. At the curb in front of the premises, where no through alley or side entrance exists. (b) No refuse container nor any accumulation of refuse which is for collection, shall be placed for collection in any public way, or at any curb" or in any location visible from a public street, prior to 6 p.m. on the day preceding collection; any such refuse container shall be removed prior to 10 p.m. on the day of collection. (1688-12/71 , 1788-12/72, 2675-2/84) E 8/88 0 8.20.70-4.20.1000) ' 8.20.070 Container--Interference. No person except the owner thereof, his agent or employee, a duly authorized city employee, or any employee of the refuse collection contractor, shall interfere in any manner with any refuse container, or any accumulation of refuse which is for collection, nor shall any person remove such container or accumulation from the location where it shall have been placed by the owner, his agent or his employee. (1688-12/71 , 1788-12/72) 8.20.080 Container--Improper substances. No person shall place or cause or permit to be placed in any refuse container any substance or material other than refuse as defined in this chapter. Large items included in the definition of rubbish, exceeding four feet in length or forty pounds in weight, shall not be placed in refuse containers. Persons wishing to dispose of such large rubbish items shall inform either the department of public works or the refuse collection contractor and make special arrangements to have the items removed. The refuse collection contractor may levy a charge for removal of_ such items under a schedule and formula to be uniformly applied, based on weight and size of the items, which formula and schedule shall have been approved by .the. director. (1688-12/71 , 1788-12/72) 8.20.090 Collection manner. The owner, occupant, tenant or lessee of any pr.emi,ses shall remove or cause to be removed, all garbage from said premises at least once a week. The city refuse collector shall remove from the premises all refuse which has been.placed for collection, which refuse is of a type and in an amount provided by contract with the city. Any removal of -� refuse by the city refuse collector, any refuse collector, or any person shall be performed in a, neat, :orderly and quiet fashion, without causing damage to' the container or the lid. Any spilled matter shall be picked up by the person responsible for the spillage, and the premises shall be left in a clean and orderly condition. Refuse shall be the property of the collector thereof from the time of pickup to the time of disposal . (1688-12/71 , 1788-12/72) 8.20.100 Collection--Unit of service. (a) The city, or some person under contract with the city to do so, shall operate and maintain a service for the collection of refuse from units of service in the city, on a regularly scheduled basis approved by resolution of the city council , not less frequently than once each Week. The director may by regulation exclude from such service any item or substance deemed hazardous, obnoxious or otherwise inappropriate for such service. (b) All refuse. , in the basic level of service, which is generated, accumulated, and lawfully placed for collection at any unit of service in the city, shall be collected' exclusively by the city refuse collector. (1688-12/71 , 1788-12/72, 2450-9/80) ,_ . 8/88 i 8.20. 110--8.20. 140. 8.20.110 Collection--Other premises. Any premises, other than units of service, shall use the collection service operated by the city refuse collector, as hereinbefore provided, for refuse not excluded from the basic level of service which is generated, accumulated, and lawfully placed for collection. (1688-12/71 , 1788-12/72, 2450-9/80, 2890-3/87) 8:20.120 Collection--Excluded refuse. (a) The owner or occupant of each and every premises in the city which generates refuse excluded from the basic level of service, and the owner or occupant of premises other than a unit of service who personally collects , conveys and disposes of refuse generated on the premises, shall remove and ,dispose of such excluded refuse in a' manner approved by the director and consistent with the provisions of this chapter. (b) The city refuse collector shall make available bins and drop-off bodies., provide additional collections not required by this chapter, pick up refuse at points other than as required in this chapter or provide for the collection of greater volumes of refuse per collection than required in this chapter, any or all of these additional services at the request of the person or business being served. The city refuse collection may make a direct charge in each instance for such additional service under a written agreement which shall be subject to the approval .of the director and at such rates as are reasonable, just and uniform for all persons or businesses being served. All such direct charges shall be collected by the city refuse collector. (c)` The director may, by written permit, authorize provision of bins and drop-off bodies if the city refuse collector fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within forty-eight (48) hours after notice to the city' s refuse collector of such failure by the director. (1688-12/71 , 1788-12/72, 2450-9/80, 2890-3/87) 8.20.130 Collection--City contract. Any other provision of this code to the contrary notwithstanding, the city may enter into contracts with responsible persons for the collection of refuse within the city utilizing such procurement procedures and upon such terms and conditions as are deemed appropriate by the city council.. (1688-12/71 , 1788-12/72, 1974-5/75, 2450-9/80) 8.20.140 Transportation--Conveyance approval . No refuse collector shall transport refuse in a conveyance that has• not been approved by the director. All vehicles used in collecting and transporting refuse shall be provided with metal bodies so constructed as to be leakproof .and to prevent loss, spillage or blowing away of any contents collected or transported within the city. Such vehicles shall be thoroughly cleaned to eliminate odors and decayed materials. (1688-12/71 , 1788-12/72, 2890-3/87) 8/88 >-' 0 � y e 8.20. 150--8.20.260 8.20.150 Disposal methods. No refuse collector or other person shall dispose of refuse, except by one of the following methods: (a) By processing in a transfer station or a sanitary landfill that is designed, operated and equipped in accordance with regulations set forth by the appropriate governmental regulatory agencies; (b) Any person may dispose of refuse from premises owned, occupied or used by such person in a manner approved by the director and consistent with the provisions of this chapter. (1688-12/71 , 1788-12/72, 2450-9/80, 2890-3/87) t 8.20.260 Violation--Penalty. (a). Any person who violates any provision of this chapter shall be guilty of a MISDEMEANOR, and shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding six months, or by both. Each day of the existence of any continuing violation shall constitute a separate offense. (b) The provisions of this chapter shall be enforced by the department of public works of the city. (1688-12/71 , 1788-12/82) f i CITY OF HUNTIN_GTON BEACH MUNICIPAL_ CODE UPDATES Effective 8/5/92 ^i PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5. 16 N Chapter 5. 16 Chapter 5.40 Chapter 5.40 Chapter 5.41 Chapter 5.41 Chapter 5.48 Chapter 5.48 Chapter 8.20 Chapter 8.20 Chapter 10. 12 Chapter 10. 12 Chapter 17.68 Chapter 17.68 I A ti Huntington Beach Municipal -Code 5. 16.010 Index Chapter 5.16 RATES (327-4/29, 766-7/60, 838-6/61 , 904-6/62, 1461-2/69, 1604-10/70, 1605-10/70, 1652-9/71 , 2022-1 /76, 2594-2/83, 2784-9/85, 2965-10/88, 3100-5/91 , 3116-6/91 , 3161-8/92) . Sections: 5.16.010 Rates per employees 5.16.020 Rates per employees--Minimum license 5. 16.030 Application for reclassification--Action 5.16.040 License classifications designated 5. 16.050 Flat rate payment code letters 5. 16.060 Advertising 5. 16.070 Amusement activities 5. 16.080 Auctioneer 5. 16.090 Bankrupt sale 5. 16. 100 Bath 5. 16. 110 Circus 5. 16. 120 Contractors 5. 16. 130 Dancing teacher 5. 16. 140 House moving-- 5.16. 150 Repealed, Ordinance No. 2022, 1 Jan 76 5. 16. 160 Junk collector 5. 16. 170 Junk dealer and auto wrecking 5. 16. 180 Music or fine arts teacher 5. 16. 190 Office building 5. 16.200 Oil business--Nonproduction 5. 16.210 Outdoor theaters 5. 16.220 Pawnbroker 5. 16.230 Peddler 5. 16.240 Public dance hall , public dance and dinner dancing place 5. 16.250 Public utilities 5. 16.260 Rooming house, apartment house, motel , bungalow or auto court 5. 16.270 Skating rink 5. 16.280 Small stands and businesses--Temporary and permanent 5. 16.290 Solicitor or canvasser 5. 16.300 Soliciting on streets for hotels or dining rooms 5. 16.310 Stockyard auction 5. 16.320 Trailer parks 5. 16.330 Transportation, trucking and hauling--Established place of business 5. 16.340 Transportation, trucking or hauling--No business location 5. 16.350 Transportation, trucking or hauling--Exceptions from fee 5. 16.360 Transportation, trucking or hauling--Dump and tank trucks 5. 16.370 Truck rental or leasing 5.16.380 Passenger vehicle rental or leasing 5. 16.390 Trailer rentals 5. 16.400 Transportation--Water 5. 16.410 Vending, bulk-vending and amusement machines 5. 16.420 Water companies 5. 16.430 Repealed, Ordinance No. 2022, 7 Jan 76 8/92 5. 16.010--5. 16.040 Huntington Beach Municipal Code 5.16.010 Rates per employees. The following rates shall apply to business licenses: First three employees. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . ... . . . . . . . . . $75.00 Next nine persons, per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4.00 Next forty persons, per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00 All other employees in excess of forty, per employee. . . . . . . . . . . . . . $2.00 (766-7/60, 904-6/62, 1605-10/70, 2022-1 /76, 2965-10/88, 3100-5/91 , 3161-8/92) 5.16.020 Rates per employees--Minimum license. The minimum license in each classification shall be $75.00 per year. In any case where a licensee or an applicant for a license believes that this individual business is not assigned to a proper classification under this chapter because of circumstances peculiar to it, he may apply to the Finance Director for reclassification. Such application shall contain such information as the Finance Director may deem necessary and require in order to determine whether applicant' s individual business is properly classified. The Finance Director shall then conduct an investigation, following which he shall assign the applicant' s individual business to the classification shown to be proper on the basis of such investigation. (766-7/60, 904-6/62, 1605-10/70, 2965-10/88, 3100-5/91 , 3161-8/92) 5.16.030 Application for reclassification--Action. The Finance Director shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Huntington Beach, California, postage prepaid, address.ed. to the applicant at his last known address. Such applicant may, within fifteen days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council within fifteen days. The City Clerk shall give the applicant at least ten days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassification. The City Council shall consider all evidence. and its findings thereon shall be final . Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. (766-7/60, 904-6/62, 1605-10/70) 5.16.040 License classifications designated. Every person described in the following classifications who engages in business within the City shall pay a license tax based upon the average number of employees at the rates hereinafter set forth: 8/92 a Huntington Beach Municipal Code 5. 16.040(a)--5. 16.040(b) (a) Classification A. Abstractor of titles Electrologist Accountant Employment agency or bureau Accounting service Fine arts or music school Advertising agent Geologist Agricultural advisor or counselor Herbalist Appraiser Industrial relations consultant Aquarian chirothessian Insurance adjuster Architect Interior decorator Assayer Investment counselor Attorney at law Labor relations consultant Auctioneer Landscape architect Auditor Lapidary Bacteriologist Mechanical engineer Bail bond broker Mortician Barber shop Naturopath Beauty shop Oculist Business management consultant Optician Certified public accountant Optometrist Chemical engineer Oral surgeon Chemist Orchard care Child nurseries (4 children -or more) Osteopath physician Chiropodist Physician Chiropractor Physician and surgeon Civil engineer Private home for the aged Claim adjuster (4 persons or more) Construction engineer Real estate broker Consulting engineer Real estate office Dancing academy Sanitation engineer Dealers in stocks, bonds and Stocks and bonds broker other securities Surgeon Dental laboratory Surveyor Dentist Taxidermist Designer Trade or business school Detective Tree remover Detective agency Tree surgery Draftsman Tree trimming Drugless practitioner Veterinarian Electrical engineer and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor in subsections (f) , (g) , or (h) of section 5.04.010; provided that licenses for contractors not maintaining a fixed place of business in the City may, at the option of applicant for such license, be based upon the flat rate fees prescribed in section 5. 16.050. 8/92 5. 16.040(c)--5. 16.070 Huntington Beach Municipal Code (c) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods , wares, merchandise, or produce, comes under this classification. (d) Classification D. Any person conducting, managing or carrying on a business consisting mainly of selling at retail any goods , or conducting and.maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. (327-4/29, 766-7/60, 838-6/61 , 904-6/62, 1605-10/70) 5.16.050 Flat rate payment code letters. Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual , quarterly, monthly, weekly or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60, 904-6/62) 5.16.060 Advertising. The fees for advertisers shall be as follows: (a) By distributing samples or handbills, provided that this section shall not apply to any person, employee, agent or representative of any person who already has a City license as provided elsewhere in this chapter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 A (b) By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined .in Article 961 of the Huntington Beach Ordinance Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $112.50 A (c) By vehicle containing amplifier, phonograph, loudspeakers , etc: for each vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $112.50 A Or at the option of the licensee, for each vehicle. . . . . . . . . . . . . . . $49.50 D If any such vehicle is used by a City licensee to advertise solely his own business and such vehicle is regularly registered and licensed by the state to such licensee, then the fee for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58.00 A Or at the option of the licensee, for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 D (d) By means of stereopticon, biograph, moving pictures or similar device (not moving picture theaters) used outdoors . . . . . . . . . . . $225.00 A Or, used indoors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $112:50 A (766-7/60, 838-6/61 , 90476/62, 1604-10/70, 3100-5/91 , 3161=8/92) 5.16.070 Amusement activities. License fees are imposed for amusement activities as follows: 8/92 Huntington Beach Municipal Code 5. 16.070(a)--5. 16. 110 ,.e (`a) For any bowling alley, the first six lanes , a minimum fee of ,$327.50 per year; for each lane over six (6) . . . . . . . . . . . . . . . . . $58.00 A (b) For boxing or wrestling exhibitions per exhibition . . . . . . . . . . . $58.00 (c) Carnival , tent show or open-air show or in hall or building constructed for theatrical purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . $187.50 D In addition, for five concessions or less . . . . . . . . . . . . . . . . . . . . . $66.00 D In addition, for each concession in excess of five . . . . . . . . . . . $39.00 D (d) For each juke box, phonograph or motion picture device operated by insertion of coin, per machine . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . $26.00 A (e) The owner of the business shall be held responsible for the full amount of the license fee if the operator, exhibitor, machine owner, lessee or other person has not paid the fee when due and payable. (766-7/60, 904-6/62, 1604-10/70, 2594-2/83, 3100-5/91 , 3161-8/92) 5.16.080 Auctioneer: For the business of licensed auctioneer or auction company whose permanent place of business, as filed with the California Auctioneer Commission, is located in the City of Huntington Beach, the fee shall be subject to rates per employees as detailed in section 5. 16.010. (766-7/60, 904-6/62, 1604-10/70, 2784-9/85) 5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling, offering for' sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person, the fee shall be $58.00 D. (3100-5/91 , 3161-8/92) 5.16.100 Bath. For every person conducting, managing, or carrying on the business of giving steam baths, electric light baths, shower baths, electric tub baths , sponge baths or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommodations, the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $112.50 A (766-7160, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.110 Circus. With seating capacity under four thousand, the fee shall be: First day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . $262.50 D Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187.50 D With seating capacity over four thousand, the fee shall be: Firstday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $337.50 D Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . $187.50 D for every sideshow in conjunction with a circus, the fee shall be $49.50 D For every concession in conjunction with a circus , the fee shall be $40.00 D (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 8/92 5. 16.120--5. 16. 180 Huntington Beach Municipal Code 5.16.120 Contractors. Every person engaging in business in this City as a contractor, as defined in subsections (e) , (f) , and (1 ) of section 5.04.010, who does not engage in such business from a fixed place of business within this City, and who elects to exercise the option provided for in section 5. 16.040, shall pay a license fee as indicated herein: General engineering and/or general building contractor . . . . . . . . . . . $142.50 A Specialty, subcontractor, or other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.130 Dancing teacher. Every person engaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given, shall pay a fee of . . . . . . . . . . . . . . . $75.00 A (1604-10/70, 3100-5/91 , 3161-8/92) ` 5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures, shall pay a fee of . . . . . . . . . . . . . . . . . . $112.50 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.160 Junk collector. (a) For every person conducting, managing or carrying on the business of junk collector, the fee shall- be: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187.50 A or at the option of the licensee . . . $40.00 D (b) For the purpose of this section, a "junk collector" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail , rags, bottles, papers , cans , metal or other articles of junk. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.170 Junk dealer and auto wrecking. (a) For every person conducting, managing or carrying on the business of junk dealer or auto wrecker, the fee shall be . . . . . . . . . . . . . . . . . . . . $187.50 A (b) For the purpose of this section an "auto wrecker" means and includes any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning. any other vehicle, or for the. purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place of business where such teaching is carried on, shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75'.00 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 8/92 Huntington Beach Municipal Code 5. 16. 190--5. 16.230 5%.16.190 Office building. For every person conducting, managing or carrying on the business of operating an office building, for each office therein the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $32.50 A and for each unit/office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.00 (1604-10/70, 3100-5/91 , 3161-8/92) 5.16.200 Oil business--Nonproduction. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the City, the _business or activity of oil well , injection well , or water-source-well drilling or servicing operation, or refining oil or petroleum products and producing the byproducts , or marketing, selling or distributing at wholesale, oil or any petroleum products, or byproducts, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance with section 5. 16.010. Nothing in this section shall be deemed to apply or relate to actual oil or gas production operations . (1652-9/71 ) i 5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited the license fee shall be: Number of Stalls - Fee per Year First500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $337.50 All over 500 (per stall ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 A separate license shall be obtained for snack bars , foodstands and other concessions . (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.220 Pawnbroker. For the purpose of this section the term "pawnbroker" shall include every person conducting, managing or carrying on the business of lending money either for himself or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the lending of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States . The license fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $487.50 A (766-7/60, 904-6/62, 1604-10/70., 3100-5/91 , 3161-8/92) 5.16.230 Peddler. Peddlers of flags, banners , balloons, cones, horns, kites, noise-making instruments, toys , notions , souvenirs or similar- goods or novelties of any description other than from a stand, tent, wagon or other vehicle shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.00 D or by vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $97.50 A Peddlers of .any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and delivering any goods for human consumption directly to the consumer thereof, by means 'of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place, within this City shall pay a fee of $17.00 D or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $97.50 A 8/92 5. 16.230--5. 16.280 Huntington Beach Municipal Code Provided, however, that issuance of a license to any person, firm or corporation under this section shall not be construed to permit violation by such person, firm or corporation of Chapter 9.64. The license tax prescribed by this section shall cover one person and in the case of route peddlers , one vehicle only and an additional like fee shall be paid for each additional such person or vehicle so engaged. Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.12.050 and 5.12.060. (1604-10/70, 904-6/62, 838-6/61 , 766-7/60, 3100-5/91 , 3161-8/92) 5.16.240 Public dance hall , public dance and dinner dancing place. Every person conducting, managing or operating a public dance hall or dinner place shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $337.50 A Every person conducting, managing or operating a public dance shall pay a fee of (per dance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58.00 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: (a) "Public dance hall " means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. (b) "Public dance" means a dance open to the public for an admittance fee or charge, which is held on one day only. (c) "Dinner dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-7/92) 5.16.250 Public utilities. Any public utility operating in the City under a franchise or franchises from the City, or applicable therein; and which makes franchise payments thereunder. is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the City. (766-7/60, 904-6/62, 1604-10/70) 5.16.260 Rooming house, apartment house, motel , bungalow or auto court. For every person conducting, managing., or carrying on the business of operating an apartment house, rooming house, motel , bungalow court or auto court consisting of three or more rental units, the fee shall be $32.00 A and $7.00 per unit. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park, the license fee shall be $187.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.280 Small stands and businesses--Temporary and permanent. Every person, not having a regularly established place of business in this City, who sells or offers for sale goods or articles of any description in his possession, or services, at, on or from a stand upon any public street, alley 8/92 Huntington Beach Municipal Code 5. 16.280--5. 16.330 6r public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall pay a fee of $75.00; or, at the option of the licensee, $17.00 D. (766-7/60, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.290 Solicitor or canvasser. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged, the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $49.00 D Prior to the issuance of any license under this section, each applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5..12.050 and 5. 12.060. This section shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and Who has a license in the City as provided elsewhere by this title, or who takes orders only from businesses licensed under this title. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5 16 300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel , inn, rooming-house, lodging house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation, the fee shall be $112.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.310 Stockyard auction. For every person conducting, managing or carrying on any stockyard, sales , stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction, the license fee shall be $187.50 A. (1604-10/70, 3100-5/91 , 3161-8/92) 5.16.320 Trailer parks. For every person conducting, managing or carrying on the business of trailer park or mobilehome park the license fee shall be $112.50 annually for the first twenty-five (25) trailer spaces and $7.00 for each additional trailer space. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5 16 330 Transportation trucking and hauling--Established place of business. Every person engaged in the business , in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods, wares, merchandise, products of any nature, raw materials, pipe or castings, tanks or machinery or tools of any description, when said person has an established place of business within the City, shall pay an annual license fee in accordance with the following schedule for each and every motor vehicle so used or operated in excess of one vehicle: for vehicles with a manufacturer' s rated capacity of under one ton $12.00 A for vehicles with a manufacturer' s rated capacity of under three tons , but one ton or over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 A for vehicles with a manufacturer' s capacity of three tons or over $46.00 A (766-7/60, 838-6/61 , 904-6/62, 1604-Oct 70, 3100-5/91 , 3161-8/92) 8/92 5. 16.340--5. 16.370(a) Huntington Beach Municipal Code 5,.16.340 Transportation trucking or hauling--No business location. Every person engaged in the business , in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business , and who uses ! the public streets or highways of this City for the purpose of such use or operation for the delivery or transportation of any goods, wares, merchandise, products of any nature, raw materials, waste materials , pipe .or casting, tanks, machinery or tools of any description or in connection with rendering services for fees , when said person does not have an established place of business within this City, shall pay an annual license fee of $75 for each and every vehicle so used or operated other than those vehicles described in sections 5. 16.330 and 5. 16.350. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 31614/92) 5 16 350 Transportation trucking or hauling--Exceptions from fee. No fee hereunder shall be required for the operation of any motor vehicle or . equipment along the streets of this City if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this City upon an average of more than thirteen in any quarter of the year. More than thirteen such trips or hauls within any quarter shall be deemed doing business within this City. A business shall be deemed conducted within this City if an office or agency is maintained here or if transportation business is solicited here. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 5 16 360 Transportation trucking or hauling--Dump and tank trucks. Every person engaged in the business , in whole or in part, of using or operating motor vehicles for the transportation, hauling or delivery or removal of crude oil , petroleum products or petroleum byproducts in any form, rotary mud, sand, dirt fill , asphalt, water, machinery of any description, or any other articles or commodity not otherwise classified in sections 5. 16.330 and 5.16.340, who uses the public streets or highways of this City for the purpose of such use or operation, who is not required to pay the license or fees as set forth in sections 5.16.330 and 5.16.340, shall pay an annual license fee based upon each motor vehicle so used or operated of . . . . . . . . . . . . . . . . . . . . . . . . $75.00 for each vehicle with single rear axl.e . . . . . . . . . . . . . . . . . . . . . . . . . . . $49.00 A for each vehicle with dual rear axle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $49.00 A (b) Tank Truck or Tank Wagon (semi-tractor and front trailer as one tank truck or tank wagon) . for each tank truck or tank wagon . . . . . . . . . . . . . . . . . . . . . . . . . $97.50 A for each additional tank truck, wagon or trailer . . . . . . . . . . $23.00 A (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 , 3116-6/91 , 3161-8/92) 5.16.370 Truck rental or leasing. (a) Every person conducting, managing or carrying on the business of renting or leasing the use of any truck or motor-propelled vehicle for the transportation of materials, commodities or products , or the transportation of any other object, to be driven by the person or employees or other representative of the person hiring the same at rates 8/92 Huntington Beach Municipal Code 5. 16.370(a)--5. 16.400 per mile, per trip, per hour, per day, per week, per month, per year or f any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $75.00 plus $23.00 for each truck or vehicle over one used in the business . (b) In the case of persons operating trucks or vehicles in this City, within the meaning of sections 5. 16.330 through 5. 16.350, when such truck or vehicle has been rented from a truck rental business or agency, the person having rented or hired such truck or vehicle shall pay the license fee prescribed in sections 5. 16.330 through 5. 16.350, whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or 'leased over one used in the business. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.380 Passenger vehicle rental or leasing. Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the person or employee or other representative of the person hiring, renting or leasing the same at rates per mile, per trip, per hour, per month, per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $75 plus $11 .50 for each vehicle over one used in the business . Provided that where a person conducts, manages or carries on the rental or leasing of both trucks and passenger vehicles as one and the same business, from the same place of business , the payment of only one annual license fee of $75 will be required in addition to the prescribed fees for each vehicle over one used in the business . (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of $75.00 plus $2.00 per wheel for all trailers used in the business. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3116-6/91 , 3161-8/92) 5.16.400 Transportation--Water. Every person engaged in the business , in whole or in part, of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods , wares , merchandise, products of any nature, raw materials , waste materials, pipe or castings, tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: for the first vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .` $75.00 A for each and every vessel so used or operated in excess of one vessel : less than sixteen feet in length . . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 A Sixteen feet or over but less than twenty-six feet in length $49.00 A Twenty-six feet or over but less than forty feet in length $58.00 A Forty feet or over in length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $66.00 A (904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 8/92 5. 16.410--5. 16.420 Huntington Beach Municipal Code 5.16.410 Vending, bulk—vending and amusement machines. (a) Every person owning, conducting, transacting, managing, operating or carrying on the business of providing, furnishing, letting the use of, distributing or maintaining any vending machine, bulk—vending machine and/or amusement machine, as defined in this title, and not prohibited by law, shall pay an annual license fee in. accordance with the fol-lowing, schedule: (1 ) Vending Machines: Service machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11 .50 A for each machine charging 1¢ to and including 4¢ . . . . . . . . . . . . . . . . . $2.50 A for each machine charging 5¢ to and including 9¢ . . . . . . . . . . . . . . . . . $7.00 A for each machine charging 10¢ and over . . . . . . . . . . . . . . . . . . . . . . . . . . . $14.00 A for each cigarette vending machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $29.00 A Stamp—vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof. (2) Bulk—vending Machines: . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _$11 .50 A for each machine charging 1¢ to and including 4¢ $2.50 A for each machine charging 5¢ to and including 9¢ . . . . . . . . . . . . ... . . . $4.50 A for each machine charging 10¢ or over . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.00 A G _ (3) Amusement Machines: . for each pinball machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A for each pool /billiard machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A for all other amusement machines . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A (b) In the event any license fee provided by this section on any vending or bulk—vending machine is not paid when due and payable, the owner of the business on whose business premises such vending or bulk—vending machine is located, shall be jointly and severally liable to pay the full amount of such license fee. (c) A person having a business license in connection with a fixed place of business in this City is not exempt from payment of license fees otherwise imposed by this chapter. (d) A minimum annual license fee of '$337.50 shall be paid by each. game arcade, amusement center room, business or parlor containing an aggregate of four or more pool tables, billiard tables, pinball machines, electronic video screen game machines, and/or other amusement devices. The fees levied under this section shall be credited toward such minimum. (2594-2/83, 1461-2/69, 904-6/62, 838-6/61 , 766-7/60, 3100-5/91 , 3161-8/92) 5.16.420 Water companies. An annual fee of $32.00 and 85¢ per customer for the maximum number of customers at one time during the preceding calendar year. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 , 3161-8/92) 8/92 Huntington Beach Municipal Code 5.40.010--5.40.030 Chapter 5.40 COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS (3047-8/90, 3094-4/91 , 3114-6/91 , 3150-8/92) Sections: 5.40.010 Intent and Purpose 5.40.020 Definition 5.40.030 Permit Required 5.40.040 Transfer of Permit 5.40.050 Permit Application and Procedure 5.40.060 Issuance or Denial , 5.40.070 Appeal of the Action by the Director of Public Works 5.40.080 Appeals to the City Council 5.40.090 Permit Term 5.40. 100 Revocation of Permit 5.40. 110 Display of Permit 5.40. 120 Inspection and Permit Fee 5.40. 130 Insurance 5.40. 140 Permittee Liability 5.40. 150 Acceptance of Permit by the Applicant 5.40. 155 Permittee required to use Rainbow Transfer Station 5.40. 160 Changes in Permit 5.40. 170 Violation--penalty 5.40.010 Intent and Purpose. It is the intent and purpose of this chapter to establish- general operating procedures and standards for trash drop off boxes and trash -bins operating within the incorporated area of this City, to provide a fair and impartial means of allowing responsible private operators to provide such service in the public interest. (3047-8/90) 5.40.020 Definitions. For the purpose ,of this chapter, the following terms are defined:- (a) "Director of Public Works" means the Director of Public Works of the City of Huntington Beach. (3047-8/90) (b) "Permittee" means a refuse collector who has been granted a permit by the City of Huntington Beach. (3047-8/90) (c) "Trash Bin" means a container used for the purpose of depositing trash for later collection, or items to be recycled. (3047-8/90) (d) "Dump off box, drop off box, or D.O.B. " , means a container used for the purpose of depositing trash for later collection or items to be recycled. (3047-8/90) 5.40.030 Permit Required. It shall be unlawful , except the City or its authorized representative, for any person to collect trash from trash bins or trash drop off boxes , or to act in such a capacity either directly or indirectly without possession of a permit. (3047-8/90) 8/92 5.40.040--5.40.070 Huntington_ Beach Municipal Code 5,.40.040 Transfer of Permit. No license issued pursuant to this chapter can be transferred by operation of law or otherwise. The following shall be considered transfers for purposes of this section: (a) Any change in the business structure of a licensee, including, but not limited to, changes from or to: (1 ) A sole proprietorship; (2) A partnership, including any change in the partners ; and (3) A corporation, including any change in the shareholders , whether by operation of law or otherwise. (3047-8/90) t (b) Bankruptcy, an assignment for the benefit of creditors, or the appointment of a receiver. (3047-8/90) (c) A sale or transfer of over ten (10%) percent of the assets of a licensee. (3047-8/90) 5.40.050 Permit Application and Procedure. (a) General . Application for trash bin or D.O.B. permits may be obtained at the office of the Director of Public Works. Permit application forms and processing procedures shall be established by the Director of Public Works. (3047-8/90) (b) Plans. The Director of Public Works may require such details as deemed necessary to determine the exact location, nature, dimensions, duration and purpose of the desired permit. (3047-8/90) 5.40.060 Issuance or Denial . (a) Approval . Upon finding the requested permit conforms to the provision of this Chapter, other applicable provisions of the Huntington Beach Municipal Code, and State and Federal law, the Director of Public Works, or his authorized agent, shall issue the permit. (3047-8/90) (b) Denial ., If the Director of Public Works finds that the requested permit is in conflict with any provision of this Chapter or any other applicable provision of law or the Huntington Beach Municipal Code, the Director of Public Works, or his authorized agent, shall deny the permit. (3047-8/90) (c) Time Limit. The Director of Public Works shall approve or deny the permit within three (3) working days of receipt of the written application for the permit. (3047-8/90, 3094-4/91 ) 5.40.070 Appeal of the Action by the Director of Public Works. If any applicant is dissatisfied with decisions of the Director of Public Works , they may appeal such decision to the City Administrator. The appeal shall be in writing to the City Administrator and shall set forth the basis of the appeal . The City Administrator, or his designee, shall hold the hearing on the appeal within thirty (30) days of receipt of the written appeal . The City Administrator, or his designee shall render a written decision within thirty (30) days after the close of the hearing on the appeal . (3047-8/90, 309,4-4/91 ) 8/92 Huntington Beach Municipal Code 5.40.080--5.40. 120(a) 5!40.080 Appeals to the City Council . (a) Any person dissatisfied with any decision of the City Administrator may file, within fifteen (15) days after such decision is announced at the conclusion of a hearing, otherwise within fifteen (15) days after mailing the applicant or permittee a written notice of the decision by registered or certified mail , a written Notice of Appeal to the City Council . (3047-8/90, 3094-4/91 ) (b) Within fifteen (15) days of receipt of a Notice of Appeal to the City Council , the City Administrator, or his designee shall give not' less than ten (10) days ' written notice of the date, time, and place of such hearing on appeal to the appellant, or permittee. The City Council , at a hearing on appeal , shall consider only the transcript of proceedings before the City Administrator, or his designee, together with any exhibits received in evidence during such proceedings ; provided, however, that on application of any party, the City Council may, in its discretion, permit the introduction of additional evidence. In either case, the City Council may hear and consider additional argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. (3047-8/90, 3094-4/91 ) 5.40.090 Permit Term. The term of the permit shall be as set forth in the approved permit. A permit may be granted by the Director of Public Works for a period not to exceed six (6) months from the date of issuance. The Director of Public Works may terminate a continuing permit by posting a notice on the trash bin or D.O.B. one (1 ) day, twenty-four (24) hours prior to the date of termination. The permit term may be renewed or extended at the discretion of the Director of Public Works. (3047-8/90) 5.40.100 Revocation of Permit. A permit may be revoked at any time at the option of the Director of Public Works whenever the permittee fails to comply with or violates this City ordinance, City"standards , safety regulations, or any condition of the issuance of the permit. Upon revocation of the permit, the permittee shall immediately remove the trash bin or D.O.B. If the trash bin or D.O.B. is not removed within twenty-four (24) hours after notice is posted, the City or its authorized representative, may remove and impound the trash bin or D.O.B. Any and all costs incurred by the City for enforcement of this Section shall be at the expense of the permittee or violator. Costs incurred by the City will be deducted from any deposits posted by the permittee and, if necessary, recovered by legal action. (3047-8/90) 5.40.110 Display of Permit. The permittee shall post in a conspicuous place upon the trash bin or D.O.B. any permit issued pursuant to this chapter. (3047-8/90) 5.40.120 Inspection and Permit Fee. (a) Inspection and permit fee. The amount of the inspection and permit fee shall be the actual cost of such inspection and permit by the City as determined by the Director of Public Works, but not to exceed fifty n dollars ($50.00) . (3047-8/90, 3094-4/91 ) 8/92 5.40. 130--5.40. 170(c) Huntington Beach Municipal Code 5.40.130 Insurance. Insurance Permittee shall maintain liability and workers' compensation insurance in an amount and form as required by the latest resolution. of the City Council for permit applications . (3047-8/90) 5.40.140 Permittee Liability. Permittee shall agree to hold the City, its officers, and employees harmless from any and all liability, .claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee' s installation, operation, maintenance or removal of the trash bin or drop off box. (3047-8/90) 5.40.150 Acceptance of Permit by the Applicant. Acceptance by the applicant of the permit shall be conclusive evidence of the reasonableness of the terms imposed and shall constitute a waiver of any right to legislative determination thereof. (3047-8/90) t 5.40.155 Permittee required to use Rainbow Transfer Station. All permittees shall bring all refuse collected within the City limits of Huntington Beach to the Rainbow Disposal Transfer Station in Huntington Beach so that proper compliance can be maintained with the State of California Integrated Waste Management Act. Violation of this provision may result in revocation of the permittee' s license. (3114-6/91 ) 5.40.160 Changes in Permit. No changes may be made in the location, dimension, character, or duration of the use as granted by the permit, except upon written authorization of the Director of Public Works. (3047-8/90) 5.40.170 Violation--Penalty. (a) Any person who violates any provision of this chapter shall be guilty of an INFRACTION, and shall be punished by a fine not exceeding five hundred dollars ($500.00) . Each day of the existence of any continuing violation shall constitute a separate offense. (3047-8/90, 3150-8/92) (b) The Director of Public Works shall make such rules as may be necessary, reasonable and proper to enforce the provisions of this chapter. (3094-4/91 , 3150-8/92) (c) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (3094-4/91 , 3150-8/92) (d) Any person adversely impacted by a ruling made by the Director pursuant to this chapter may appeal same by following the procedure described in Section 5.40.070 and 5.40.080 of this chapter. (3150-8/92) I 8/92 Huntington Beach .Municipal Code 5.41 .010--5.41 .050 Chapter 5.41 COLLECTION OF RECYCLABLE MATERIALS (3148-8/92) Sections: 5.41 .010 Intent and purpose 5.41 .020 Definitions 5.41 .030 Residential prohibition 5.41 .040 Commercial prohibition 5.41 .050 Householder' s exception 5.41 .060 Gardener' s exception 5.41 .070 Commercial exception 5.41 .080 Contractor' s exception 5.41 .090 Violation--Penalty 5.41 .010 Intent and purpose. It is the intent and purpose of this chapter to establish general operating procedures and standards which will enable the City of Huntington Beach to conform to the mandates of the California Integrated Waste Management Act of 1989. (3148-7/92) 5.41 .020 Definitions. For purposes of this chapter, the following terms are defined: (3148-7/92) (a) Director of Public Works - means the Director of Public Works of the City of Huntington Beach. (3148-7/92) (b) Recyclable Materials - means all waste materials generated on or emanating from residential , commercial , or industrial premises that retain salvage value. (3148-7/92) (c) Source Separated Recyclables - means recyclable materials which are separated on a commercial /industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value. (3148-7/92) (d) Licensed Recycler - means any person licensed by the City of Huntington Beach and approved by the Director of Public Works to engage in resource recovery. (3148-7/92) (e) Resource Recovery - means any use of refuse or solid waste collected pursuant to this chapter other than for landfill disposal or transfer to landfill disposal . (3148-7/92) 5.41 .030 Residential prohibition. No person, except the City refuse collector, shall collect recyclable materials from any residential premises in the City. (3148-7/92) 5.41 .040 Commercial prohibition. No business enterprise shall employ or use any person other than the City refuse collector to store or transport recyclable materials for a fee, charge or other consideration. (3148-7/92) 5.41 .050 Householder's exception. No provision of this chapter shall prevent a residential householder from donating or selling recyclable materials generated in or on a residential premise. (3148-7/92) 7/92 5.41 .060--5.41 .090(d) Huntington Beach Municipal Code 5.41 .060 Gardener's exception. No provision of this chapter shall prevent a gardener, tree trimmer or other person engaged in a similar trade from ' collecting and disposing of grass cuttings, prunings , and other similar materials accumulated as a product of his service. (3148-7/92) 5.41 .070 Commercial exception. No provision of this chapter shall prevent a business owner from selling to a licensed recycler any source separated recyclables generated in or on the premises of the business , but no longer useful to same, so long as the buyer of said materials is not engaged in the business of collecting solid waste for a fee or other charge or consideration and does not transport materials thereby collected to a landfill or transfer station (as defined in Public Resources Code Section 40200) for disposition. (3148-7/92) 5.41 .080 Contractor's exception. No provision of this chapter shall prevent a licensed contractor having a permit for the demolition and/or reconstruction for a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from having such salvageable items removed and transported from the premises of the demolition and/or construction site, provided that said materials are not transported to a transfer station or landfill . (3148-7/92) 5.41 .090 Violation--Penalty. (3148-7/92) (a) Any person who violated any provision of this chapter shall be guilty of an INFRACTION. (3148-7/92) (b) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (3148-7/92) (c) The Director shall make such rules as may be necessary, reasonable and proper to -enforce the provisions of this chapter. (3148-7/92) (d) Any person adversely impacted by a ruling made by the Director pursuant to this chapter may appeal same by following the procedure described in Section 5.40.070 and 5.40.080 of this code. (3148-7/92) i I 7/92 Huntington Beach Municipal Code 5.48.010 Chapter 5.48 TAXICABS--VEHICLES FOR HIRE (1368-12/67, 1882-1 /74, 2032-2/76, 2088-8/76, 2140-1 /77, 2288-8/78, 2633-8/83, 3043-7/90, 3161-8/92) Sections: 5.48.010 Definitions 5.48.020 Certificate--Required 5.48.030 Certificate--Application 5.48.040 Certificate--Investigation and hearing 5.48.050 Certificate--Issuance t 5.48.060 Certificate--Application denial 5.48.070 Liability insurance 5.48.080 Certificate--Grounds for revocation 5.48.090 Changes of operation 5.48.100 Rate schedule--Taxicabs 5.48. 110 Rate schedule--Other vehicles 5.48. 120 Annual vehicle fee 5.48. 130 Cruising prohibited 5.48. 140 Taximeters 5.48. 150 Taxicab identification lights 5.48. 160 Operation of taximeter 5.48.170 Registered fare--Request for receipt 5.48. 180 Standing taxicab on public street 5.48.190 Taxicab--Passenger right of exclusive use 5.48.200 Direct route requirements 5.48.210 Taxicab--Business license prepayment 5.48.220 Solicitation of taxicab passengers 5.48.230 Taxicab--Mechanical condition 5.48.235 Taxicab--Certification of fare meter 5.48.240 Refusal to pay fare 5.48.250 Taxicab--Driver' s license and permit 5.48.260 Taxicab--Information posted within 5.48.270 Taxicab--Charge regulation 5.48.280 Taxicab--Passenger compartment maintenance 5.48.290 Taxicab--Fire extinguisher 5.48.300 Taxicab--Operation certificate and license 5.48.310 Taxicab--Identification 5.48.320 Twenty—four—hour service required 5.48.330 Driver' s permit--Application 5.48.340 Driver' s permit--Personal appearance 5.48.350 Driver' s permit--Temporary permit 5.48-.360 Driver identification card 5.48.370 Driver' s permit--Term--Renewal 5.48.380 Driver' s permit--Revocation 5.48.390 Driver' s permit--Refusal--Appeal 5.48.400 Permit and certificate nontransferable 5.48.010 Definitions. For the purpose of this chapter, the words_ and f phrases herein defined shall be construed in accordance with the following definitions, unless it is apparent from the context that a different meaning is intended: 8/92 5.48.010(a)--5.48.030(d) Huntington Beach Municipal Code (a) "Certificate" means a certificate of public convenience and necessity issued pursuant to this chapter. (b) "Public transportation vehicle" means a motor propelled vehicle, not otherwise defined in this section, used in the business of transporting passengers over the streets of the City for hire, whether or not the operations extend beyond the boundaries of the City. (c) "Sight-seeing automobile" means a motor-propelled vehicle used for the purpose of transporting passengers over the streets for sight-seeing, showing points of interest or exhibiting lands , houses, property or other things or objects when a fee is charged or compensation is obtained from passengers .or elsewhere. (d) "Taxicab" means an automobile or motor-propelled vehicle with distinctive markings or color regularly engaged in the business of carrying passengers for compensation or rates based upon distance traveled or time elapsed upon any public street in the City, not over a regular or defined route, and whether or not the operation extends beyond the boundaries of the City. (1368-12/67) 5.48.020 Certificate--Required. No person shall solicit or pick up passengers in the City, or engage in the business of operating any of the vehicles defined in section 5.48.010 within the City, without having first obtained a separate certificate of public convenience and necessity for each such business, as required by this chapter; provided, however, that no,such certificate issued by the City shall be required for any operations for which a certificate of public convenience and necessity is needed and has been . granted by the public utilities commission of the state of California. (1368-12/67) 5.48.030 Certificate--Application. An application for a certificate shall be filed with the City Clerk upon forms provided by the City. The application must be signed by the applicant and be accompanied by a fee of twenty-five dollars ($25) , plus ten dollars ($10) for each vehicle the applicant proposes to use in the business, and shall contain or be accompanied by the following information: (a) The name and address of the. applicant; and if the same be a corporation, the names of its principal officers, or i.f the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address .of each; (b) A complete schedule of the rates proposed to be charged for each type of vehicle; (c) A description of every motor vehicle which the applicant proposes to use, including trade name, motor or serial number, state license number and body style; (d) The location of the business and the place where the applicant proposes to keep such taxicab or ambulance while not actually engaged; 8/92 Huntington Beach Municipal Code 5.48.030(e)--5.48.050 (e) The distinct color scheme, name, monogram and insignia which shall be used on each taxicab, ambulance or other vehicle; (f) The name of the .legal and registered owner of each such vehicle; (g) A financial declaration or such other statement of financial responsibility as the council may require showing the financial status of the applicant and a balance sheet showing the financial status of the applicant, including assets, liabilities and specifically the amounts of all unpaid judgments against the applicant, and the nature of the transaction or event giving rise to such judgments ; (h) The experience of the applicant in the business or businesses for which he is seeking a certificate or certificates; (i ) Any facts which the applicant believes would tend to prove that public convenience and necessity requires the granting of a certificate; (j) Such further information as the City Clerk may require. (2088-8/76, 1368-12/67) 5.48.040 Certificate--Investigation and hearing. Upon receipt of any such application for a certificate, the City Clerk shall , upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall inspect the vehicles and equipment and may require the applicant or any person named in the application to be photographed and fingerprinted. The Chief of Police shall complete his investigation within thirty days , unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the City Clerk regarding the moral character of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect. to cleanliness, equipment, safety devices, brakes, lights and obsolescence. Upon receipt of the report, the City Clerk shall set the same for hearing before the City Council . The City Clerk shall give notice of the time so set at least five (5) days before the date of the hearing to the applicant by mail at the address set out in such application, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. The City Council shall . render its decision within sixty (60) days after the matter is first set for hearing before it. (1368-12/67) 5.48.050 Certificate--Issuance. At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, ,and if it is found by the council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall order the City Clerk to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in section 5.48.070, and subject to such conditions as may be imposed by the City Council , including the minimum and maximum number of vehicles that may be used. (1368-12/67) 8/92 1 i J 5.48.060--5.48.080 Huntington Beach Municipal Code 5.48.060 Certificate--Application denial . If the City Council finds any of ' the following conditions to exist it 'shall deny the application: (a) The application is not in the form and does not contain the information required to be contained therein by this chapter; . (b) The equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used; (c) The color scheme, name, monogram or insignia to be used upon such vehicles or in the business resembles the color scheme, name, monogram or insignia used by another person, firm or corporation in the same business in the City and therefore may tend to deceive or defraud the public; (d) The applicant has within the past two years had an application for such certificate denied for cause; (e) There is a sufficient number of vehicles of the type described in the application operating in the City to serve the public fully, that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, or that the best interests of th.e public do not demand and necessity does not require the issuance of such permit. (1368-12/67) i 5.48.070 Liability insurance. Subject to all other applicable regulations and conditions under which it is issued, the certificate shall authorize the conduct of the business only during the time the certificate holder has on file with the City Clerk a document issued in an insurance company evidencing that the certificate _holder is insured under a liability insurance policy providing minimum coverage in the following amounts: (a) Combined single limit bodily injury and/or property damage including products liability: $300,000 aggregate. (b) Additional insured. endorsement. The insured agrees that the City, and/or members of the Huntington Beach City Council , and/or all City. Council-appointed groups, committees, commissions, boards and any other City Council-appointed body, and/or elective and appointive officers, servants or employees of the City, when acting as such are additional assureds hereunder. (c) Hold harmless agreement. The insured agrees to protect, defend, indemnify and save harmless the City against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by the insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all operations covered by this certificate. Such document evidencing insurance shall provide that the City shall be given thirty days prior written notice of any cancellation, termination or change in the amount of such insurance coverage. (1368-12/67, 1882-1/74, 2288-8/78) 5.48.080 Certificate--Grounds for revocation. Any certificate or permit granted under the provisions of this chapter may be revoked by the City 8/92 _ s Huntington Beach Municipal Code . 5.48.080--5.48. 100 Council , either as a whole or as to any person or vehicle described therein or as to the right to use any distinctive color, monogram or insignia, after five days notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certificate should not be revoked, for any of the following reasons: (a) That the document required by section 5:48.070 has not been filed or has been withdrawn or lapsed or is not in force for any reason; (b) For the nonpayment of any City business license or other fees provided by this title; (c) For the breach of any rules , regulation-s or conditions set out in this code or the certificate; (d) For the violation of any of the laws of the state or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate; (e) For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application; (f) For any cause which the City Council finds makes it contrary to the public health, interest, convenience, necessity or general welfare for the certificate or permit to be continued. (1368-12/67) 5.48.090 Changes of operation. (a) In the event any certificate holder desires to change the color scheme or any monogram or insignia used on a vehicle, or to substitute any vehicle for a vehicle described in the application, or to increase or decrease the number of vehicles used, application to the City Council shall be made for permission to do so, and the City Council shall grant such permission if it deems the public interest, convenience and necessity will be served by the change, and if the certificate holder has complied with all the provisions of this chapter. (b) If application is made to increase the number of vehicles, payment of the annual vehicle fee for each additional vehicle requested shall be made at the time of application. Fees tendered for additional vehicles which the City Council does not permit shall be refunded. No refund of the annual vehicle fees paid shall be made when the City Council grants permission to reduce the number of vehicles. (1368-12/67) 5.48.100 Rate schedule--Taxicabs. Each person seeking a certificate of public convenience and necessity for the operation of taxicabs in the City shall file a proposed schedule of rates. The City Council shall by resolution establish a schedule of rates applicable to all taxicabs and may, upon its own motion or upon the application of any person holding a certificate of public 8/92 5.48. 100--5.48. 170 Huntington Beach Municipal Code convenience and necessity, modify or amend such schedule. No rates shall be established, modified or amended without a hearing before the City Council . Written notice of the hearing shall be given to each certificate holder at least five days before the hearing and the City Council may direct other notice be given as it deems necessary. (1368-12/67) 5.48.110 Rate schedule--Other vehicles. Each person holding a certificate of public convenience and necessity for the operation of vehicles other than taxicabs shall file a proposed schedule of rates with the City Clerk. The schedule of rates shall be submitted to the City Council for approval and no change shall be made in any rates approved by the City Council without prior approval by the City Council . No person shall charge rates other than those so approved. No hearing is necessary for th'e approval of these rates or changes therein. (1368-12/67) 5.48.120 Annual vehicle fee. Each holder of a certificate issued hereunder shall .pay an annual fee for each fiscal year or portion of a fiscal year for each vehicle operated in accordance with the following schedule: For one taxicab $ 110 For each additional taxicab $ 30 For one vehicle other than taxicab, defined in section 5.48.010 $ 25 For each additional vehicle other than taxicab so defined $ 10 The fees are due July 1 of each year and if not paid become delinquent August 1 of each year. (1368-12/67, 3161-8/92) 5.48.130 Cruising prohibited. No driver of a vehicle, other than a taxicab, defined in section 5.48.010, shall cruise in search of passengers. (1368-12/67) 5.48.140 Taximeters. All taxicabs operated under the authority of this chapter shall be equipped with taximeters of a type and design approved by the Chief of Police, located in the vehicle so as to render the figures visible to the passengers at all times of the day or night, and after sundown the face of the taximeter shall be illuminated. No other fare shall be charged than is recorded on such taximeter. Such taximeter shall be subject to inspection from time to time by the Chief of Police or his authorized representative, and the Chief of Police shall compel the owner to discontinue the operation of any taxicab in which the taximeter is found to calculate inaccurately until such taximeter is replaced by one approved by the Chief of Police or is adjusted to his satisfaction. (1368-12/67) 5.48.150 Taxicab identification lights. Each taxicab shall be equipped with a single light* on top of the vehicle to be lighted to indicate the vehicle is available for hire. (1368-12/67) 5.48.160 Operation of taximeter. No driver of a taxicab shall fail to engage the taximeter at the beginning of a trip when the taxicab is hired by a passenger or fail promptly to disengage the meter at the termination of the service. (1368-12/67) 8/92 Huntington Beach Municipal Code 5.48. 170--5.48.240(a) . 5.48.170 Registered fare--Request for receipt. No driver shall charge any fare or fee other than that registered on the taximeter or fail or refuse to give a receipt for the amount charged upon the request of the person paying the fare. (1368-12/67) 5.48.180 Standing taxicab on public street. No person shall cause or permit a taxicab to remain standing upon any portion of any public street within the City, except for loading and unloading passengers, and then not for a period of more than five (5) minutes, excepting at such stands as may be designated by the City Council . This section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger. (1368-12/67) 5.48.190 Taxicab--Passenger right of exclusive use. No operator or owner of any taxicab shall solicit or carry any additional passenger after such taxicab has been engaged, or while in use by a passenger, without the consent of the passenger first engaging the same having first been obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and unimpaired use of the passenger compartment and the whole thereof, if he desires the same. (1368-12/67) 5.48.200 Direct route requirement. No person who is the driver of any taxicab shall carry any passenger to his destination by any route other than the most direct and accessible route. (1368-12/67) 5.48.210 Taxicab--Business license prepayment. No person shall operate any taxicab business without prepaying any license fee required by the City for the transaction of any such business. (1368-12/67) 5.48.220 Solicitation of taxicab passengers. No driver of a taxicab shall leave the side of his vehicle to solicit passengers in a louder tone of voice than that used in ordinary conversation. (1368-12/67) 5.48.230 Taxicab--Mechanical condition. No person shall operate a taxicab that is not in good mechanical condition. Each holder of a certificate issued pursuant to this chapter shall submit proof to the City that each taxicab has been inspected by a licensed official California state vehicle inspector. An inspection report shall be submitted to the City semiannually for each taxicab and said inspection report shall state that all safety aspects of the vehicle are in operation in conformance with the California state vehicle code and shall also recertify the emission control system of the vehicle.. (1368-12/67, 2288-8/78) -5.48.235 Taxicab--Certification of fare meter. The holder of a certificate issued pursuant to this chapter shall provide proof to the City that the odometer/fare meter system has been certified by the Orange County bureau of weights and measures. Each taxicab shall be recertified annually, and proof of such recertification shall be submitted to the City. (2288-8/78) 5.48.240 Refusal to pay fare. (a) No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same. 8/92 5.48.240(b)--5.48.330 Huntington Beach Municipal Code (b) No person shall hire any vehicle described in this. chapter with the intent to defraud the person from whom it is hired of the charges or fare. (1368-12/67) 5.48.250 Taxicab--Driver's license and permit. No person shall drive a taxicab in the City without first having obtained a taxicab driver' s permit issued by the Chief of Police, as provided in this chapter. (1368-12/67) 5.48.260 Taxicab--Information posted within. Every taxicab shall have visibly posted in the passenger' s compartment a schedule of rates and charges for the hire of the vehicle established by the City Council , a card bearing the driver' s name and address as hereinafter provided, and another card bearing the owner' s name, address and telephone number, the cab number and the City Police Department telephone number, all contained in a small- metal container or holder, at least 3 x 4 inches in size and placed in a conspicuous place in the passenger compartment. (1368-12/67) 5.48.270 Taxicab--Charge regulations. No charge shall be made by a driver or operator of a taxicab lower than or in excess of the rates posted in the passenger compartment of the taxicab. A flat rate which is less than but not in excess of the round trip meter rate, plus waiting time, may be charged for trips outside the City, where the one-way distance of the trip is greater than six miles. (1368-12/67) 5.48.280 Taxicab--Passenger compartment maintenance. No taxicab shall be operated unless the passenger compartment is kept in a clean and sanitary condition. (1368-12/67) 5.48.290 Taxicab--Fire extinguisher. Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition. (1368-12/67) 5.48.300 Taxicab--Operation certificate and license. No person shall `solicit or pick up passengers for pay within the City for transportation in any cab, taxicab, automobile, station wagon or bus who is not licensed by and carrying a certificate to do so from the City Council , except passengers for buses operating under authority of the public utilities commission. -(1368-12/67) 5.48.310 Taxicab--Identification. Every certificate holder shall designate each of his taxicabs by number, and no two taxicabs of any certificate holder shall be designated by the same number. The name or trade name of the certificate holder and the number by which the.-taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. (1368-12/67) 5.48.320 Twenty-four-hour service required. No person who operates a• taxicab business or an ambulance business shall fail to provide taxi service and ambulance service, respectively, for twenty-four (24) hours a day and seven (7) days a week. (1368-12/67) 5.48.330 Driver's permit--Application. No person shall drive or operate any vehicle described in this chapter in the City without first obtaining a 8/92 Huntington Beach Municipal Code 5.48.330--5.48.380 f--�. permit in writing to do so from the Chief of Police. Any person desiring to obtain such driver' s permit shall make a written application therefor to the Chief of Police accompanied by a fee set by resolution of the City Council . No permit shall be issued to any person under the age of. eighteen (18) years , to any person not a citizen of the United States unless such person has lawfully declared his intention of becoming such, or to any person who is incompetent or for any reason whatsoever unable to handle such vehicle safely. No permit shall be issued to any person who has been convicted of a felony, or within the period of two (2) years immediately preceding such application has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or who has been convicted of violating any provisions of the alcoholic beverage control act of the state of California, unless suchjerson shows to the satisfaction of the Chief of Police that issuing a driver' s permit to him would not in any way be contrary to the public interest, welfare or safety. No driver' s permit shall be granted to any person who is not of good moral character or who cannot speak the English language or who does not hold a valid, appropriate i driver' s license issued by the motor vehicle department of the state, or who i is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles. Any falsification on the application for the permit will be grounds for refusal of the permit. (1368-12/67, 2032-2/76, 2140-1 /77, 2633-8/83) 5.48.340 Driver' s permit--Personal appearance. Before a permit is granted to any applicant, the applicant shall present himself to the Police Department, be photographed or furnish an acceptable photograph, and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the Police Department. (1368-12/67) 5.48.350 Driver' s -permit--Temporary permit. Pending the completion of the investigation of an applicant, the Chief of Police may grant a temporary permit to a person who has made application for a driver' s permit and appears to be qualified for such permit. The temporary permit shall automatically expire sixty. (60) days from the date it was issued or upon issuance of a regular driver' s permit. The Chief of Police shall summarily revoke any temporary permit when he determines not to issue a driver' s permit to the applicant. (1368-12/67) 5.48.360 Driver identification card. Upon obtaining the regular permit, the driver or operator shall at all times keep posted in full view in the vehicle operated by him an identification card furnished by the Chief of Police, which shall have plainly printed thereon the name of the driver or operator, his business address and telephone number, his permit number and his photograph. (1368-12/67) 5.48.370 Driver' s permit--Term--Renewal . Permits for all drivers may be renewed on a year-to-year basis provided that the permittees continue to meet the requirements set out in this Chapter. The renewal fee for Driver' s Permit shall be fifteen dollars ($15.00) . The permits are personal and nontransferable. (3043-7/90, 2140-1/77, 2032-2/76, 1368-12/67) 5.48.380 Driver' s permit--Revocation. The Chief of Police may revoke or suspend any such driver' s permit so issued for any violation of the provisions 8/92 5.48.380--5.48.380 Huntington Beach Municipal Code of this chapter by the holder of such permit or for the existence of any' state of facts which would have been a good reason for denying such permit when applied for, whether such facts existed at the time application was made for such permit or came into existence thereafter. (1368-12/67) 5.48.390 Driver's permit Refusal--Appeal . In the event of a refusal , revocation or suspension of any driver' s permit by the Chief of Police, the applicant or permittee may appeal from the decision to the City Council , which may in its discretion affirm, reverse or modify the decision made by the Chief of Police. (1368-12/67) 5.48.400 Permit and certificate nontransferable. No certificate or permit issued under. the terms of this chapter shall, be transferable either by contract or operation of law without the permission of the City Council having been first obtained. (1368-12/67) r 8/92 Huntington Beach Municipal Code 8.20.010 Chapter 8.20 REFUSE (250-11 /22, 1688-12/71 , 1788-11 /72, 1974-5/75, 2450-9/80, 2675-2/84, 2890-3/87, 2952-8/88, 3149-8/92) Sections: 8.20.010 Definitions 8.20.015 Residential Curbside Collection Charge 8.20.020 Leaving in public places 8.20.030 Occupant responsible for premises 8.20.035 Owner liable for premises 8.20.040 Accumulation prohibited k 8.20.050 Storage 8.20.060 Containers--location 8.20.070 Container--interference 8.20.080 Container--improper substances 8.20.090 Collection--manner 8.20.100 Collection--unit of service 8.20. 110 Collection--other premises 8.20. 120 Collection--excluded refuse 8.20. 130 Collection--City contract 8.20.140 Transportation--conveyance approval 8.20. 150 Disposal methods 8.20.160 Repealed, Ordinance No. 2450, 16 Aug 80 8.20. 170 Repealed, Ordinance No. 2450, 16 Aug 80 8.20. 180 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.190 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.200 Repealed,- Ordinance No. 2450, 16 Aug 80 8.20.210 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.220 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.230 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.240 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.250 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.260 Violation--penalty 8.20.010 Definitions. The following definitions shall apply in the interpretation and enforcement of these regulations: (a) "Basic level of service" means that level of collection and disposal service necessary to collect refuse generated by an average family in one unit of service, as specifically provided in any given contract between the City and any person for collection of such refuse, or as provided by resolution of the City Council . Refuse items or substances excluded from collection by regulation of the Director or by contract, as hereinafter provided; refuse capable thereof which has not been placed in containers j or bundles within the weight and size limits hereinafter set forth for ' containers or bundles, any unit of refuse which exceeds four feet in length or which exceeds forty pounds in weight, and any amount of refuse in excess of that provided by such contract or such resolution as that generated by an average family in one unit of service, are excluded from the "basic level of service. " 8/92 8.20.010(b)--8.20.015 Huntington Beach Municipal Code (b) "City Refuse Collector" means any collector either employed by or under contract with the City to provide removal , transportation, and disposition of refuse from residents and users of premises within the City, other than one who does so from his own premises. (c) "Collection" means pickup, removal , transportation or disposition of refuse, except by a person with refuse from premises owned, occupied or used by such person, as hereinafter provided. (d) "Director" means the Huntington Beach Director of Public Works or his authorized representative. (e) "Garbage" means all putrescible solid wastes, including but not limited to vegetable matter, discarded food containers or other matter that attends the preparation, consumption, packing, canning, storage and decay of meats, fish, fowls, vegetables and fruit intended for human and animal consumption, excluding human excrement. (3149-8/92) (f) "Nonunit of service" means and includes all locations specifically excluded from subsection W . (g) "Person" means any individual , firm, governmental unit, organization, partnership, corporation,, company or other entity. (h) "Refuse" means garbage and solid waste and shall not include sewage waste or wastewater, explosive substances, radioactive materials, materials which have been exposed to highly infectious or contagious diseases, or other hazardous materials . (i ) "Rubbish" means all nonputrescible solid wastes, including but not limited to special handling items such as trees, tree limbs , logs, automobile bodies, motor vehicle parts, building materials, appliances, household goods , sod and dirt, metal , wood and rock. (j) "Solid wastes" means combustible and noncombustible waste materials not included in the term "garbage" and shall include tree and shrubbery trimmings, lawn renovations, grass, weeds, leaves, chips, paper, pasteboard, magazines, -books, rags, rubber, carpet, clothing, boots , shoes, hats, furniture, bedding, bottles, cans , metals, mineral matter, glass , crockery, dirt, dust, packing boxes and cartons, crates, packing material and all other kinds of rubbish, trash or waste material which ordinarily accumulates in the operation of a household or a .business. (k) "Unit of service" means each single-family residence, and each dwelling unit within a duplex, a triplex or a •fourplex receiving noncommercial refuse collection service. It shall not include any hotel , motel , lodge, hall , club, tourist camp, trailer camp, mobilehome park, church, business or industrial establishment, or any lot containing more than four dwelling units. (1688-12/71 , 1788-11 /72, 2450-9/80, 2675-2/84, 2890-3/87) 8.20.015 Residential Curbside Collection Charge. There shall be a charge for residential curbside collection which rates shall be established from time to time by resolution of the City Council . Such charge shall apply to persons occupying single-family dwellings , and each dwelling unit within a duplex, a triplex or a four lex. This charge shall not apply to persons occu in P P 9 Pp Y P PY 9' 8/92 Huntington Beach Municipal Code 8.20.015--8.20.050(b) residential units such as apartments, mobilehome parks, or other multi-family complexes , who are currently contracting directly with the City Refuse Collector. (2952-8/88, 3149-8/92) Any person receiving residential curbside collection who is sixty-two years of age or older shall be exempt from the charge imposed by this section provided the combined adjusted gross income, as used for federal income tax reporting purposes of all members of the household, was less than ten thousand dollars for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided by this section is applied. (2952-8/88) 8.20.020 Leaving in public places. No person shall deposit, sweep, throw, discard or leave any refuse or cause such refuse to be deposited, swept, placed, thrown, discarded or left upon any public street, highway, alley, sidewalk, street parking or other public place in this City. (250-11 /22, i 1788-12/72,) 8.20.030 Occupant responsible for premises. Every person occupying, using or controlling any premises shall keep the premises in a clean and sanitary condition, and no person shall permit any sewer effluent, excrement, slop or stagnant water, butcher offal , market refuse, garbage, dead animal or any other noxious or offensive matter of any kind, or any other substance that may become offensive, to be deposited or to remain thereon except as otherwise provided by law. (250-11 /22, 1788-12/72) 8.20.035 Owner liable for premises. The owner of any premises shall be ! liable for the costs to the City for the enforcement of any provision of this chapter. (3149-8/92) 8.20.040 Accumulation prohibited. No person occupying, using or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the Director or by law. (250-11 /22, 1788-12/72) ! 8.20.050 Storage.- (a) Garbage shall be stored in a container of a type approved by the Director. Every such container shall be constructed of metal , or equally durable material , in such manner as to be strong, watertight, not easily corrodible, fly proof, and rodent proof. Such container shall have handles or other attachments designed for and capable of lifting, and, shall have covers which shall be kept in place at all times, except when garbage or other refuse is being deposited or removed from such container. Such cover when in place shall fit so as to render fly proof any covered container. A sufficient number of containers shall be provided to, hold at least one week' s accumulation of garbage. Each garbage container shall be kept clean so that no odor or other nuisance will exist. Containers for single-family residences shall have a capaCity not to exceed thirty-two gallons and shall not weigh more than sixty pounds when filled. ` (b) Rubbish shall be stored in such a manner that it will not provide harborage to rats , nor cause a fire hazard. A 8/92 8.20.050(c)--8.20.080 Huntington Beach Municipal Code (c) Equally durable nonmetallic containers may include but shall not be limited to heavy plastic or "wet strength" kraft paper throwaway refuse bags of a type approved by the Director. Such bags shall comply with all of the requirements of subsections (a) and (b) except for the requirements of handles and covers . (d) Tree trimmings and other similar matter shall be tied Vn bundles measuring not more than four feet long and weighing not more than forty pounds. (1688-12/71 , 1788-12/72) 8.20.060 Containers--location. (a) Each refuse container and any accumulation of refuse which is for collection, shall be kept or placed in such a manner as not to be visible from the public street except during or for the time fixed for the collection thereof. During such period, any containers or any accumulation of refuse which is for collection shall be placed as follows: (1 ) .Near alley. On the premises , within five feet of the rear property line, where there -is a through alley in the rear of the premises; (2) Access from side entrance. On the premises at an accessible point adjacent to any side entrance thereto where no through alley exists ; (3) At curb. At the curb in front of the premises , where no through alley or side entrance exists. i (b) No refuse container nor any accumulation of refuse which is for collection, shall be placed for collection in any public way, or at any curb or in any location visible from a public street, prior to 6 p.m. on the day preceding collection; any such refuse container shall be removed prior to 10 p.m. on the day of collection. (1688-12/71 , 1788-12/72, 2675-2/84) 8.20.070 Container--interference. No person except the owner thereof, his agent or employee, a duly authorized City employee, or any employee of the refuse collection contractor, shall interfere in any manner with any refuse container, or any accumulation of refuse which is for collection, nor shall - any person remove such container or accumulation from the location where it shall have been placed by the owner, his agent or his employee. (1688-12/71 , 1788-12/72) 8.20.080 Container--improper substances. No person shall place or cause or permit to be placed in any refuse container any substance or material other than refuse as defined in this chapter. Large items included in the definition of rubbish, exceeding four feet in length or forty pounds in weight, shall not be placed in refuse containers. Persons wishing to dispose of such large rubbish items shall inform either the Department of Public Works or the refuse collection contractor and make special arrangements to have the items removed: The refuse collection contractor may levy a charge for removal of such items under a schedule and formula to be uniformly applied, based on weight and size of the items, which formula and schedule shall have been approved by the Director. The refuse collection contractor shall not be required to collect hazardous , toxic, or liquid wastes . (1688-12/711 1788-12/72, 3149-8/92) 8/92 Huntington Beach Municipal Code 8.20.090--8.20. 120(c) 8.20.090 Collection manner. The' owner; .occupant, tenant or lessee of any r-� premises shall remove or cause to be removed, all garbage from said premises at least once a week. The City Refuse Collector shall remove from the premises all refuse which has been placed for collection, which refuse is of a type and in an amount provided by contract with the City. Any removal of refuse by the City Refuse Collector, any Refuse Collector, or any person shall be performed in a neat, orderly and quiet fashion, without causing damage to the container or the lid. Any spilled matter shall be picked up by the person responsible for the spillage, and the premises, shall be left in a clean and orderly condition. Refuse shall be the property of the collector thereof from the time of pickup to the time of disposal . (1688-12/71 , 1788-12/72) 8.20.100 Collection--unit of service. (a) The City, or some person under contract with the City to do so, shall operate and maintain a service for the collection of refuse from units of service in the City, on a regularly scheduled basis approved by resolution of the City Council , not less frequently than once each week. The Director may by regulation exclude from such service any item or substance deemed hazardous , obnoxious or otherwise inappropriate for such service. (b) All refuse included in the basic level of service, which is generated, accumulated, and lawfully placed for collection at any unit of service in the City, shall be collected exclusively by the City Refuse Collector. (1688-12/71 , 1788-12/72, 2450-9/80) 8.20.110 Collection--other premises. Any premises , other than units of service, shall use the collection service operated by the City Refuse Collector, as hereinbefore provided, for refuse not excluded from the basic level of service which is generated, accumulated, and lawfully placed for collection. (1688-12/71 , 1788-12/72, 2450-9/80, 2890-3/87) . 8.20.120 Collection--excluded refuse. (a) The owner or occupant of each and every premises in the City which generates refuse excluded from the basic level of service, and the owner or occupant of .premises other than a unit of service who personally collects, conveys and disposes of refuse generated on the premises, shall remove and dispose of such excluded refuse in a manner approved by the Director and consistent with the provisions of this chapter. (b) The City Refuse Collector shall make available bins and drop—off bodies , provide additional collections not required by this chapter, pick up refuse at points other than as required in this chapter or provide for the collection of greater volumes of refuse per collection than required in this chapter, any or all of these additional services at the request of the person or business being served. The City refuse collection may make a direct charge in each instance for such additional service under a written agreement which shall be subject to the approval of the Director and at such rates as are reasonable, just and uniform for all persons or businesses being served. All such direct charges shall be collected by the City Refuse Collector. (c) The Director may, by written permit, authorize provision of bins and drop—off bodies if the City Refuse Collector fails to provide such service 8/92 8.20. 120(c)--8.20.260(d) Huntington Beach Municipal Code within five (5) calendar days after a customer order and such service is not thereafter provided within forty-eight (48) hours after notice to the City' s Refuse Collector of such failure by the Director. (1688-12/71 , 1788-12/72, 2450-9/80, 2890-3/87) (d) The Director may, by written order, require the manager,'of any apartment complex or- operator of any business enterprise to provide containers or bins of sufficient size and storage capacity so as to adequately service the premises in question. (3149-8/92) 8.20.130 Collection--City contract. Any other provision of this code to the contrary notwithstanding, the City may enter into contracts with responsible persons for the collection of refuse within the City utilizing such procurement procedures and upon such terms and conditions as are deemed appropriate by the City Council . (1688-12/71 , 1788-12/72, 1974-5/75, 2450-9/80) 8.20.140 Transportation--conveyance approval . No Refuse Collector shall transport refuse in a conveyance that has not been approved by the Director. All vehicles used in collecting and transporting refuse shall be provided with metal bodies so constructed as to be leakproof and to prevent loss, spillage or blowing away of any contents collected or transported within the City. Such vehicles shall be thoroughly cleaned to eliminate odors and decayed materials. (1688-12/71 , 1788-12/72, 2890-3/87) 8.20.150 Disposal methods. No Refuse Collector or other person shall dispose of refuse, except in a manner approved by the Director and consistent with the provisions of this chapter. (1688-12/71 , 1788-12/72, 2450-9/80, 2890-3/87, 3149-8/92) 8.20.260 Violation-_penalty. (a) Any person who violates any provision of this chapter shall be guilty of an INFRACTION. (3149-8/92) (b) The provisions of this chapter shall be enforced by the Department of Public Works of the City: (1688-12/71 , 1788-12/82,. 3149-8/92) (c) The Director shall make such rules as may be necessary, reasonable and proper to enforce the provisions of this chapter. (3149-8/92) (d) Any person adversely impacted by a ruling made by the Director pursuant to this chapter may appeal same by following the procedure described in Section- 5.40.070 and 5.40.080 of this code. (3149-8/92) 8/92 Huntington Beach Municipal Code 10. 12.010--10. 12.020 Chapter 10.12 SPEED LIMITS (1935-1174, 1947-12/74, 1997-9/75, 2066-7/76, 2316-10/78, 2325-11 /78, 2358-5/79, 2388-9/79, 2421-5/80, Urg Ord 2422-3/80, 2432-6/80, 2527-2/82, 2624-7/83, 2654-11 /83, 2670-11 /83, 2715-9/84, 2878-12/86, 2883-12/86, 3133-8/92) Sections: 10. 12.010 Twenty-five m.p.h. prima facie speed limit 10. 12.020 Thirty m.p.h. prima facie speed limit 10. 12.030 Thirty-five m.p.h. prima facie speed limit 10. 12.040'Forty m.p.h. prima facie speed limit 10. 12.050 Forty-five m.p.h. prima facie speed limit 10. 12.060 Fifty m.p.h. prima facie speed limit 10. 12.065 Fifty-five m.p.h. prima facie speed limit 10. 12.070 Speed limits on state highways 10. 12.080 Speed limits enumerated 10.12.010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of the following streets as ^ listed in Section 10. 12.080 shall be 'and is twenty-five (25) miles per hour. (1935-11 /74, 1947-12/74, 2066-7/76, 2421-5/80, 2883-12/86, 3133-8/92) 10.12.020 Thirty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets ; that a prima facie speed limit of thirty (30) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is thirty (30) miles per hour (1935-11 /74, 1947-12/74, 1997-9/75, 2066-7/76, 2388-9/79, 2432-6/80, 2527-2/82, 3133-8/92) 10.12.030 Thirty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of thirty-five (35) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is thirty-five (35) miles per hour. (1935-11 /74, 1947-12/74, 2358-5/79, Urg Ord 2422-3/80, 2527-2/82, 2654-11 /83, 2670-11 /83, 2715-9/84, 2878=12/86, 313.3-8/92) 8/92 10. 12.040--10. 12.080 Huntington Beach Municipal Code 10.12.040 Forty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon. said streets; that a prima facie speed limit of forty (40) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall be and is forty (40) miles per hour. (1935-11/74, 1947-12/74, 1997-9/75, 2066-7/76, 2316-10/78, 2358-5/79, 2421-5/80, 2432-6/80, 2527-2/82, 2624-7/83, 2715-9/84, 2878-12/86, 2883-12/86, 3133-8/92) 10.12.050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council determines and declares that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of forty-five (45) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10. 12.080 shall - be and is forty-five (45) miles per hour. (1935-11 /74, 1947-12/74, 2358-5/79, 2388-9/79, Urg Ord 2422-3/80, 3133-8/92) 10.12.060 Fifty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council determines and declares that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed l-imit of fifty (50) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and. is fifty (50) miles per hour. (1935-11/74, 1947-12/74, 3133-8/92) i 10.12.065 Fifty-five m.p.h. prima facie speed Yimit. Upon the basis of an' engineering and traffic survey of the portions of streets hereinafter set forth, the City Council determines and declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of fifty-five (55) miles. per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is fifty-five (55) miles per hour. (3133-8/92) 10.12.070 Speed limits on state highways. The State of California has - established that orderly movement of vehicular traffic requires that .a reasonable and safe limit be placed upon said streets and that the prima facie , limit of speed on a portion of the following streets shall be and is as listed in Section 10. 12.080. (3133-8/92) 10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up (North) and to the right (East) . (3133-8/92) 8/92 1 Huntington Beach Municipal Code 10. 12.080(Adams)--10. 12.080(Brookhurst) Speed & Street Between Section Adams Seventeenth (17th) Main Street 25 10. 12.010 Main Street Lake Street 25 10. 12.010 Lake Street Delaware 40 10.12.040 Delaware Beach 40 10. 12.040 Beach Newland 45 10. 12.050 Newland Magnolia 45 10. 12.050 Magnolia Bushard 45 10. 12.050 Bushard Brookhurst 45 10. 12.050 Brookhurst Santa Ana River 45 10. 12.050 Algonquin Warner Heil \ 40 10. 12.040 Argosy Bolsa Chica Graham 40 10. 12.040 Atlanta Lake Delaware 40 10.12.040 Delaware Beach 40 10. 12.040 Beach Newland 40 10.12.040 Newland Magnolia 40 10. 12.040 . Magnolia Bushard 45 10. 12.050 Bushard _ Brookhurst 40 10. 12.040 Banning Magnolia Bushard 40 10. 12.040 Bushard Brookhurst 40 10. 12 .040 Beach Pacific Coast Hwy (PCH) Atlanta 50 10. 12.070 (State Atlanta Indianapolis 50 10. 12.070 Route 39) Indianapolis Adams 50 10.12.070 Adams Utica 50 10. 12.070 Utica Yorktown 50 10. 12.070 Yorktown Garfield 50 10. 12.070 Garfield Ellis 50 10.12.070 Ellis Talbert 45 10. 12.070 Talbert Slater 45 10.12.070 Slater Warner 45 10. 12.070 Warner Heil 45 10.12.070 Heil Edinger 45 10. 12.070 Edinger North City Limit 45 10. 12.070 Bolsa Bolsa Chica Graham 50 10.12.060 Graham Springdale 50 10. 12.060 Springdale Edwards 45 10. 12.050 Edwards Goldenwest 45 10. 12.050 Bolsa Chica South City Limit Warner 30 10. 12.020 Warner Heil 50 10. 12.060 Heil Edinger 150 10. 12.060 Edinger McFadden 55 10. 12.065 McFadden Bolsa 50 10. 12.060 Bolsa Rancho 50 10. 12:060 Brookhurst PCH Bushard 50 10.12.060 Bushard Banning 55 10. 12.065 8/92 10. 12.080(Brookhurst)--10. 12.080(Edwards) Huntington Beach Municipal Code Speed & Street Between Section t"1 Brookhurst Banning Hamilton 55 10.12'.065 (Cont. ) Hamilton Atlanta 55 10. 12.065 Atlanta Indianapolis 55 10. 12.065 Indianapolis Adams 50 10.12.060 Adams Yorktown 50 10.12.060 Yorktown Garfield 50 10.12.060 Bushard Brookhurst Banning 45 10. 12.050 Banning Hamilton 50 10. 12.060 Hamilton Atlanta 50 10. 12.060 Atlanta Indianapolis 50 10. 12.060 Indianapolis Adams 50 10. 12.060 Adams Yorktown 50 10. 12.060 Yorktown Garfield 50 10.12.060 Center Gothard Railroad '40 10.12.040 Railroad Beach 40 10. 12.040 Channel Admiralty Gilbert 30 10. 12.020 Clay Main Delaware 35 10. 12.030 Delaware Beach 30 10.12.020 Countess Portofino Edinger 30 10.12.020 Davenport Baruna Edgewater 25 10.12.010 Edgewater Algonquin 35 10.12.030 Delaware Atlanta Indianapolis 35 10.12.030 Indianapolis Adams 35 10. 12.030 Adams Yorktown 35 10. 12.030 Yorktown Garfield 35 10. 12.030 Garfield Main 35 10.12.030 Main Ellis 35 10. 12.030 Edinger West City Limit Saybrook 40 10. 12.040 Saybrook Bolsa Chica 40 10. 12.040 Bolsa Chica Graham 40 10. 12.040 Graham Springdale 40 10.12.040' Springdale Edwards 40 10.12.040 Edwards Goldenwest 40 10. 12.040 Goldenwest Golden West College 40 10. 12.040 Golden West College Gothard 40 10.12.040 Gothard Huntington Center Signal 40 10.12.040, Huntington Center Signal Sher 40 10.12.040 Sher Beach 40 10. 12.040 Beach Newland 45 10. 12.050 Edwards Garfield Ellis 40 10. 12.040 Ellis Varsity 40 10. 12.040 Varsity Slater 40 10. 12.040 10 8/92 i Huntington Beach Municipal Code 10. 12.080(Edwards)--10. 12.080(Graham) Speed & Street Between Section Edwards Slater Warner 40 10. 12.040 (Cont. ) Warner Heil 40 10. 12.040 Heil Edinger 40 10. 12.040 Edinger McFadden 40 10. 12.040 McFadden Bolsa 40 10. 12.040 Bolsa North City. Limit 45 10. 12.050 Ellis Edwards Goldenwest 45 10. 12.050 Goldenwest Gothard 40 10. 12.040 Gothard Delaware 40 10. 12.040 Delaware Beach 35 10. 12.030 Beach Newland 40 10. 12.040 Florida Garfield Main 25 10. 12.010 Garfield Edwards Goldenwest 45 10. 12.050 Goldenwest Main Street 40 10. 12.040 Main Street Beach 40 10. 12.040 Beach Newland 45 10. 12.050 Newland Magnolia 50 10. 12.060 Magnolia Bushard 45 10. 12.050 Bushard Brookhurst 50 10. 12.060 Brookhurst Ward 50 10.12.060 Goldenwest PCH Palm 45 10. 12.050- Palm Yorktown 50 10. 12.060 Yorktown Clay 40 10. 12.040 Clay Garfield 40 10.12.040 Garfield Ellis 40 10. 12.040 Ellis Talbert 40 10. 12.040 Talbert Slater 45 10. 12.050 Slater Warner 50 10. 12.060 Warner Heil 40 10.12.040 Heil Edinger 40 10. 12.040 Edinger McFadden 40 10. 12.040 McFadden Bolsa 40 10. 12.040 Gothard Main Street Ellis 35 10. 12.030 Ellis Talbert 35 10. 12.030 Talbert Slater 35 10. 12.030 Slater Warner 35 10. 12.030 Warner Heil 45 10. 12.050 Heil Edinger .45 10.12.050 Edinger Center 40 10. 12.040 Center McFadden 40 10. 12.040 Graham South City Limit Slater 40 10. 12.040 Slater Warner 30 10.12 .020 Warner Heil 35 10. 12.030 Heil Edinger 40 10.12.040 Edinger McFadden 45 10. 12.050 McFadden Bolsa 45 10.32.050 8/92 10. 12.080(Hamilton)--10. 12.080(McFadden) Huntington Beach Municipal Code Speed & Street Between Section r Hamilton Newland Magnolia 40 10. 12.040 Magnolia Bushard '45 10.12.050 Bushard Brookhurst 45 10. 12.050 Brookhurst East City Limit 40 10. 12.040 Heil Saybrook Algonquin 40 10. 12.040 Algonquin Bolsa Chica 40 10. 12.040 Bolsa Chica Graham 40 10. 12.040 Graham Springdale 40 10. 12.040 Springdale Edwards 40 10. 12.040 Edwards Goldenwest 40 10. 12.040 Goldenwest Gothard 40 10.12.040 Gothard Beach 40 10. 12.040 Beach Newland 45 10. 12.050 Huntington PCH Atlanta 35 10. 12.030 Atlanta Yorktown 30 10. 12.020 Yorktown Taylor 25 10. 12.010 Indianapolis Beach Newland 30 10. 12.020 Newland Magnolia 40 10. 12.040 Magnolia Bushard 40 10. 112.040 Bushard Brookhurst 40 10.12.040 Lake Orange Frankfort/Sixth (6th) 35 10.12.030 Frankfort/6th Memphis 35 10.12.030 Memphis Adams 35 10. 12.030 Adams Yorktown 35 10.12.030 Los Patos Warner Bolsa Chica 35 10. 12.030 I Magnolia PCH Banning 45 10. 12.050 Banning Hamilton 45 10.12.050 Hamilton Atlanta 45 10.12.050 Atlanta Indianapolis 50 10.12.060 Indianapolis Adams 45 10. 12.050 Adams Yorktown 50 10. 12.060 Yorktown Garfield 45 10. 12.050 Warner I-405 (San Diego Fwy) 45 10. 12.050 Main Street PCH Adams 25- 10. 12.010 Adams 17th 35 10. 12.030 17th Yorktown 35 10. 12.030 Yorktown Garfield 40 10. 12.040 Garfield Delaware 40 10. 12.040 Delaware Ellis/Beach 40 10.12.040 } McFadden Bolsa Chica Andaman 25 10. 12.010 Andaman Chemical 25 10. 12.010 Chemical Graham 25 10. 12.010 Graham Springdale 45 10.12.050 0 8/92 Huntington Beach Municipal Code 10.12.080(McFadden)--10. 12.080(17th) McFadden Springdale Edwards 45 10. 12.050 (Cont. ) Edwards Goldenwest 45 10. 12.050 Goldenwest Gothard 40 10. 12.040 Gothard East City Limit 40 10. 12.040 Newland PCH Hamilton 40 10. 12.040 Hamilton Atlanta 40 10. 12.040 Atlanta Indianapolis 45 10. 12.050 Indianapolis Adams 45 10. 12.050 Adams Yorktown 45 10. 12.050 Yorktown Garfield 45 10. 12.050 Garfield Ellis 45 10. 12.050 Ellis Talbert 45 10. 12.050 Talbert Slates 45 10. 12.050 Slater Warner 45 10. 12.050 Warner Heil 45 10. 12.050 Heil Edinger 45 10. 12.050 Orange Main Fifth (5th) 30 10. 12.020 5th Ninth (9th) 30 10. 12.020 9th 17th 30 10. 12.020 17th Goldenwest 40 10. 12.040 PCH South City Limit Brookhurst 55 10. 12.070 (State Brookhurst Magnolia 55 10. 12.070 Route 1 ) Magnolia Newland 55 10. 12.070 Newland 900' S/o Beach 55 10. 12.070 900' S/o Beach Huntington 45 10. 12.070 Huntington 800' N/o Huntington 45 10. 12.070 800' N/o Huntington Main 35 10. 12.070 Main 160' S/o Twelfth (12th) 35 10. 12.070 160' S/o 12th 17th 45 10. 12.070 17th 150' S/o Twentieth (20th) 45 10. 12.070 . 150' S/o 20th 20th 50 10. 12.070 20th Goldenwest 50 10. 12.070 Goldenwest 6200' N/o Goldenwest 50 10. 12.070 6200' N/o Goldenwest 800' S/o Warner 55 10. 12.070 800' S/o Warner North City Limits 40 10. 12.070 Palm Main 17th 35 10. 12.030 17th Goldenwest 35 10. 12.030 Goldenwest Cherryhill 50 10. 12.060 Parkside Holt Edinger 30 10. 12.020 Rancho Bolsa Chica North/East City Limits 40 10. 12.040 Saybrook Davenport Heil 25 10. 12.010 Heil Humboldt 40 10. 12.040 Humboldt Edinger 40 10. 12.040 17th PCH Orange 35 10. 12.030 Orange Palm 35 10. 12.030 Palm Main 35 10.12.030 Huntington Florida 35 10.12.030 8/92 10.12.080(Sher)--10. 12.080(Yorktown) Huntington Beach Municipal Code Sher Juliette Low Edinger 35 10.12.030 Slater Graham Springdale 40 10.12.040 Springdale Edwards 40 10.12.040 Edwards Goldenwest 40 10.12.040 Goldenwest Gothard 40 10.12.040 Gothard Beach 40 10. 12.040 Beach Newland 40 10. 12.040 Springdale Talbert Slater 40 10. 12.040 Slater Warner 40 10. 12.040 Warner Heil 40 10. 12.040 Heil Edinger 40 10. 12.040 Edinger McFadden 45 10. 12.050 McFadden Bolsa 45 10. 12.050 Bolsa Skylab 45 10. 12.050 Skylab North City Limit 45 10. 12.050 Talbert West City Limit Edwards 40 10. 12.040 Goldenwest Gothard 40 10. 12.040 Gothard Beach 40 10. 12.040 Beach Newland 40 10.12.040 Ward Yorktown _ •Garfield 45 10. 12.050 Warner PCH Sceptre 35 10. 12.030 Sceptre Los Patos 45 10.12.050 Los Patos Algonquin 45 10. 12.050 Algonquin Bolsa Chica 50 10.12.060 Bolsa Chica Graham 50 10. 12.060 Graham Springdale 50- 10. 12.060 Springdale Edwards 50 10. 12.060 Edwards Goldenwest 45 10. 12.050 Goldenwest Gothard 50 10.12.060 Gothard Nichols 45 10.12.050 Nichols Ash 45 10.12.050 Ash Beach 45 10.12.050 Beach Newland 45 10.12.050 Newland Magnolia 45 10. 12.050 Yorktown Goldenwest Main Street 35 10. 12.030 Main Street Lake Street 35 10. 12.030 Lake Street Delaware 35 10. 12.030 Delaware Beach 35 10.12.030 Beach Vasile 35 10. 12.030 Vasile Newland 40 10. 12.040 Newland Magnolia 50 10. 12.060 Magnolia Bushard 45 10. 12.050 Bushard Brookhurst 45 10. 12.050 Brookhurst Ward 45 10. 12.050 (3.133-8/92) 8/92 . Huntington Beach Municipal Code 17.68.010--17.68.020(b) Chapter 17.68 COST REIMBURSEMENT DISTRICTS (3151-8/92) Sections: 17.68.010 Requirement for installation of improvements 17.68.020 Definitions 17.68.030 Application for Cost Reimbursement District 17.68.040 Costs for formation of the Cost Reimbursement District 17.68.050 Costs for monitoring the Cost Reimbursement District after formation 17.68.060 Report of the City Engineer',, 17.68.070 Notice and hearing on establishment of Cost Reimbursement District 17.68.080 Action by City Council 17.68.090 Re-computation of lien 17.68. 100 Administrative audit 17.68. 110 Limitations on reimbursement agreement 17.68. 120 Obligation of developer or subdivider to claim monies 17.68. 130 Delegation of duties 17.68. 140 Time limit for challenge to district 17.68.010 Requirement for installation of improvements. A developer may be required to install and dedicate public improvements as a condition of approval for their subdivision or development which may contain supplemental size, capacity, number, or length for the benefit of property not within their subdivision or development. When such supplemental size, capacity, number, or length is solely for the benefit of property not within the subdivision or development, the developer may follow the procedures of this ordinance to establish a Cost Reimbursement District prior to, or concurrent with, the installation of the improvements , however, under unique circumstances City Council may deviate from this requirement. Provisions of this chapter may be invoked by the City whenever the City installs improvements in advance of development which benefits or serves property within the City or within the City' s sphere of influence to allow the City to receive reimbursement. (3151-8/92) 17.68.020 Definitions. (3151-8/92) (a) "Actual or estimated costs of public improvements" means the actual or estimated costs for construction, design engineering, district formation, right-of-way appraisal and acquisition costs , condemnation proceedings, environmental impact mitigation; plan check and permit fees, construction inspections, maintenance of improvements; ,or any other expenses attributable to the construction of improvements. If the scope of the project is altered during construction in order to respond to events or circumstances which are revealed during construction, the City Council may increase the estimated cost by not more than ten (10%) percent without notice to .the affected property owners. (3151-8/92) (b) "Substantial completion of a facility" shall be defined as that extent of construction of a facility which will allow the facility to be used for the purpose for which it was intended. (3151-8/92) > 8/92 17.68.020(c)--17.68.030 Huntington Beach Municipal . Code (c) "Benefited area" means the entire area which receives a benefit from the public improvement. The "benefited area" shall be that area which, in the opinion of the City Council , upon the recommendation of the City Engineer, and after a noticed public hearing, is determined to be the area benefited by the construction of the public improvements . (3151-.8/92) (d) "Developer" means the person who is responsible for constructing the public improvement. (3151-8/92) (e) "Excess costs" means the costs attributable to that portion of improvements which benefit areas outside the development area. Benefit may be determined by any commonly accepted method which fairly apportions the cost of the improvements to the benefiting properties. (3151-8/92) (f) "Public improvements" means those improvements as set forth herein including, but not limited to, streets, bridges, traffic signals, street lights , drainage, flood control , water or sanitary sewer facilities, reclaimed water facilities, landscaping, grading, soil remediation, abandonment of oil facilities, relocation of utilities , other public facilities such as parks, libraries, fire stations , police stations, and any accessory improvements necessary for the functioning of the public improvements , but shall not include any public improvements which will benefit only the development in which they are located. "Public improvements" shalt also include any property or property interests reasonably necessary for the construction of the improvement. . (3151-8/92) (g) "Reimbursement District" means the benefited area within which property shall be made subject to a reimbursement charge for the purpose of reimbursing the developer and/or City for the excess costs of the public improvement. (3151-8/92) (h) "Supplemental improvements" means with respect to a development project those improvements which are public improvements and are: (3151-8/92) (1 ) required as a condition of approval of the development project which have a size, capacity, number, or length greater than necessary solely to benefit or mitigate the impacts of the development project; and (3151-8/92) (2) improvements which have been agreed upon between the City and developer. (3151-8/92) (i ) "Administrative costs" shall be defined as costs for direct labor and employee benefits, outside consultants costs , direct materials, allied indirect costs, overhead costs , overhead costs and fixed assets , or depreciation charges. (3151-8/92) 17.68.030 Application for Cost Reimbursement District. Whenever a developer elects, or is required by the City, to install or replace supplemental improvements, or whenever the City participates in the costs of supplemental improvements or improvements in advance of development; and provided that the costs of such improvements are not financed by an assessment under a public improvements proceeding, the developer may submit an application for formation of a cost reimbursement district, or the City Council , on its own motion, may initiate the formation of the cost reimbursement district. 8/92 i z Huntington Beach Municipal Code 17.68.030=-17.68.060(b) The application of. the developer shall be in writing and shall be submitted to the Office of the City Engineer with a non-refundable application fee. The City Engineer shall expeditiously process the request to City Council . (3151-8/92) 17.68.040 Costs for Formation of the Cost Reimbursement District. Prior to the City Council authorizing the initiation of the formation of the Cost Reimbursement District, the developer shall deposit with the City the following fees to cover various administration costs: (3151-8/92) (a) A non-refundable application fee will be required from the developer prior to commencing any work on the Cost Reimbursement District. The amount of the application fee will be determined by a resolution of the City Council . The application fee will be deposited in a general Cost Reimbursement District administration fund established by the City Treasurer. (3151-8/92) (b) District formation fees shall be deposited into a specific project fund for each individual project to cover such expenses as the calculation of the reimbursement costs of the supplemental improvements , determination of the benefited area, determination of the apportionment of the excess costs to the benefiting parcels, and audit time. District formation fees will also include publishing -of all notices , mailing, County Recorder fees , and City administrative costs . Once the fees have been deposited to the City by the developer, the City Engineer will process the developer' s request to City Council . The City Engineer may request that special engineering services be retained to prepare the documents and estimates. This retained engineer shall have no business relationship with the developer. The costs of any such engineering services shall be paid by the developer; however, the costs shall be considered an incidental cost of the improvements to be recouped pursuant to the provisions of this Ordinance. (3151-8/92) 17.68.050 Costs for monitoring the Cost Reimbursement District after formation. Three (3) weeks prior to the noticed public hearing the Developer will be required to deposit fees into a specific project monitoring fund. Project monitoring fees for each district will be determined by a resolution of the City Council . If the district is formed by the City Council , this fee will be expended to cover the administrative costs of annually monitoring the District. If the fund becomes depleted, the developer will be required to replenish the fund in accordance with the above mentioned resolution of the City Council . If the developer does not replenish the monitoring fund within one (1 ) month after written notice from the City, the district may be abandoned. (3151-8/92) 17.68.060 Report of the City Engineer. Pursuant to the direction of the City Council , the City Engineer shall prepare and file with the City Clerk a report containing the following information: (3151-8/92) (a) A map indicating the boundaries of the district which identifies all parcels within the district. (3151-8/92) (b) The actual or total estimated cost of the supplemental improvements. (3151-8/92) k 8/92 m 17.68.060(c)--17.68.070(a) Huntington Beach Municipal Code (c) The proposed spread of the excess costs to the benefiting property owners. (3151-8192) 17.68.070 Notice and hearing on establishment of Cost Reimbursement District. (3151-8/92) (a) Upon receiving the request from the City Engineer, the City Clerk shall set a noticed public hearing before the City Council . The City Clerk shall cause a notice of the hearing, in substantially the following form, to be published once in a newspaper of general circulation in the City of Huntington Beach at least ten (10) days prior to such hearin.g: (3151-8/92) NOTICE OF HEARING (3151-8/92) The City Council of the City of Huntington Beach will hold a public hearing at on at the City Council Chambers , 2000 Main Street, Huntington Beach, California 92648 to consider the establishment of a Cost Reimbursement District for the financing, of certain public facilities and related improvements within the City, otherwise known as the Cost Reimbursement District No. (3151-8/92) Your property is located within the proposed boundaries of the Cost Reimbursement District and may be subject to a lien to pay a portion of the cost of providi-ng public facilities which benefit your parcel of land except for the conditions listed below. If within a twenty (20) year period from the date of forming this district, you either file a final map (subdivision, parcel , consolidation, etc.) or apply for a building permit, the lien and- accumulated interest would become due and payable. (3151-8/92) Exceptions (3151-8/92) Building permits for: (3151-8/92) 1 . building alterations for non-residential uses which do not exceed a third (1 /3) of the the value of a building, as defined in the Uniform Building Code, and which effect no change in occupancy; (3151-8/92) 2. building alterations or additions for residential use which add no residential units; (3151-8/92) 3. fences and walls; (3151-8/92) 4. repair of construction defects or damage due to fire, civil unrest, flood or any other destructive act of nature which does . not increase the building area by more than one-third (1/3) the original area; or (3151-8/92) 5. Temporary uses as specified in the City of Huntington Beach' s Ordinance Code, Article 973. (3151-8/92) i 8/92 � Huntington Beach Municipal Code 17.68.070(a)=-17.68.080(b)(5) The proposed boundaries of the district are more particularly described by Diagram No. which is on file in the Office of the city Clerk. All persons desiring to testify with respect to:� the necessity of said public improvements , the cost of said public improvements , the benefited area or the amount of the costs eligible to be recovered, may appear and be heard at said hearing. (3151-8/92) (b) The City Engineer shall , at least twenty (20) days prior to the hearing, cause a copy of the above notice to be mailed to each owner of real property within the benefited area as- shown on the last equalized tax roll . Such notice shall be accompanied by a diagram of the proposed benefited area and a statement by the City Engineer describing the following: (3151-8/92) 1 . A description of the public improvements' and that portion considered to be in excess of the developer' s requirements. (3151-8/92) 2. The estimated or actual costs necessary to pay for the public improvements . (3151-8/92) 3. The actual or estimated costs of public improvements which are proposed to be liened against the benefiting property when such property is developed or redeveloped. (3151-8/92) 4. A diagram indicating the boundaries of the district. (3151-8/92) 17.68.080 Action by City Council : (3151-8/92) (a) After the public hearing the City Council may, in its sole discretion, approve a resolution establishing the Cost Reimbursement District and may enter into a reimbursement agreement with the developer to provide for the disbursements of proceeds of the Cost 'Reimbursement District. (3151-8/92) (b) The resolution establishing the Cost Reimbursement District shall indicated it is a resolution of lien. The resolution shall reference an exhibit containing the following: (3151-8/92) (1 ) A list of the properties identified by assessor' s parcel numbers which are included within the district boundaries. (3151-8/92) (2) A diagram indicating the boundaries of the district and identifying the properties to be liened. (3151-8/92) (3) An apportionment of the excess costs which represent the actual or estimated amount to be levied against each parcel within the district. If the costs are estimated, the resolution will indicate - that the liens are subject to re—computation by the City Engineer when the construction and final audit have been completed. (3151-8/92) (4) The time when such liened costs are due and payable. (3151-8/92) (5) A statement indicating that the liens are subject to an interest charge, the terms of which shall be defined. (3151-8/92) 8/92 17.68.080(c)--17.68. 110(c) Huntington Beach Municipal Code (c) Once the Cost Reimbursement District has been approved by a resolution of the City Council , it shall establish a statement of charges due from the benefiting property owners and their successors, heirs or assigns of the .- various parcels of property as their benefited share of the public improvements. (3151-8/92) (d) The City Engineer shall record a copy of the Council resolution with the County Recorder. Upon payment of the amounts due, or upon the expiration- of the district, the City Engineer shall cause to be filed a release of lien upon the affected property or properti-es. (3151-8/92) 17.68.090 Re—computation of lien. If the District is formed based on estimated costs, then the City Engineer shall reapportion the. lien amounts after final costs have been calculated and verified by the city Engineer or his .designee, and shall cause the lien roll to be appropriately modified.. All affected property owners shall be notified in writing of their final lien amount. (3151-8/92) 17.68.100 Administrative audit. The Director of- Finance shall prepare a report indicating the administrative costs incurred for each District on an annual basis. The report shall be prepared each calendar year following the formation of a Cost Reimbursement District and shall be completed by February 15. (3151-8/92) 17.68.110 Limitations on reimbursement ag.reement. (3151-8/92) (a) The reimbursement agreement with the developer shall contain provisions deemed necessary and appropriate to specify the terms and conditions for reimbursing the developer when lien payments are received. (3151-8/92) (b) The reimbursement agreement shall indicate that the liens are subject to an interest charge and shall be payable to the City during the term of the agreement. Lien payments shall be placed by the City in the appropriate fund account established by Council for each district. These funds will be established to reimburse the developer for costs incurred for the i construction of the improvements. All accrued interest in this fund will be transferred to the project monitoring fund. The term of any reimbursement agreement shall be established by the City Council based upon the reasonable expectations of the development of .benefited properties or the utilization of the public improvement by such benefited properties provided-, however, that the maximum term of any reimbursement agreement shall be for a period of twenty (20) years. (3151-8/92) (c) If, during the established period, no•t to exceed. twenty (20) years, following the formation of the. district, any person records a final map (subdivision, parcel , consolidation, etc. ) or applies for a building permit on a parcel for which -a lien for supplemental improvements has been established in accordance with this chapter, and such person or their predecessor in interest has not paid such lien to the City, the established lien shall be paid prior to the recording of the final map or the issuance of the building permit; provided, however, such payment shall not be required in connection with building permits described below: (3151-8/92) 8/92 Huntington Beach Municipal Code 17.68. 110(c)(1 )--17.68. 140 (1 ) Building alterations for non-residential uses which do not exceed a third (1 /3) of the value of a building, as defined in the Uniform Building Code, and which effect no change in occupancy. (3151-8/92) (2) Building alterations or additions for residential use which add no residential units. (3151-8/92) (3) Fences and walls . (3151-8/92) (4) Repair of construction defects or damage due to fire, civil unrest, flood or any other destructive act of nature which does not increase the building area by more than one third (1 /3) the original area. (3151-8/92) (5) Temporary uses as specified in the City of Huntington Beach' s Ordinance Code, Article 973. (3151-8/92) I (d) All liens shall include a principal charge plus an interest charge calculated from the date of establishment of lien. The date of establishment shall be the date of acceptance of the public improvements by the City, or City Council approval of the District, whichever occurs later. (3151-8/92) 17.68.120 Obligation of developer or subdivider to claim monies. All monies collected under the provisions of this chapter shall be deposited by the City Treasurer into the appropriate fund established for the collection of funds and the monitoring of the district. The City Treasurer shall refund annually to the person or persons who paid for the supplemental Improvements for which the liens were collected, or to their assignees, all monies so collected. The City shall notify the developer of the existence of monies deposited in said fund. No funds will be reimbursed to the developer until all costs included in the district have been verified by the City Engineer. The notice shall be mailed to the address contained in the reimbursement agreement and no further inquiries shall be required by the City. If any such money remains on deposit with the City without being claimed by the party rightfully entitled to it within three (3) years after notice has been made as provided herein, such money shall be forfeited to the City and then it shall be transferred to the general fund of the City. (3151-8/92) 17.68.130 Delegation of duties. Whenever a duty is delegated or reposed in a City official or employee, except the City Council , that official or employee may delegate all or a portion of these duties to an assistant, deputy, or other employee of the City. (3151-8/92) 17.68.140 Time limit for challenge to district. Any action proceeding to challenge, attack, set aside, avoid, or review the decision of the City Council to establish a Cost Reimbursement District or a reimbursement charge, fee, or requirement, or to decline to establish a district shall be brought by an interested person within thirty (30) days of the date of the recordation of the resolution of the City Council decision with the County Recorder or within ninety (90) days of the date of the decision, whichever is sooner. (3151-8/92) 8/92 1 CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 7/1/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Title 17, Chapter 17.02 �� Title 17, Chapter 17.02 Chapter 17.04 Chapter 17.04 Chapter 17.08 Chapter 17.08 Chapter 17. 12 Chapter 17. 12 Chapter 17.44 Chapter 17.44 Chapter 17.46 Chapter 17.46 Chapter 17.60 Chapter 17.60 1 r V 17.02.010 BUILDINGS AND CONSTRUCTION 3/ 7 Chapters: 17.02 Uniform Administrative Code 17.04 Building Code 17.08 Housing Code 17.10 Property Maintenance 17.12 Dangerous Buildings Code 17.16 Earthquake Hazard Regulations 17.20 Driveways and Parking Areas 17.24 Sun Decks--Windscreens 17.28 Moving Buildings 17.36 Repealed 3022-12/89 17.40 Mechanical Code 17.44 Plumbing Code 17.48 Electrical Code 17.56 Uniform Fire Code 17.58 Hazardous Materials 17.60 Solar Energy Code 17.64 Undergrounding of Utilities Chapter 17.02 -- UNIFORM ADMINISTRATIVE CODE (2431-7/80, 2747-2/85, 2763-6/85, 2976-12/88, 3022-12/89) Sections: 17.02.010 Adoption 17.02.020 Repealed 3022-12/89 17.02.030 Section 301(b) amended--Exempted work 17.02.040 Fees 17.02.050 Section 305(h) amended--Reinspections 17.02.060 Section 308(d) amended--Temporary certificate 17.02.010 Adoption. There is hereby adopted by the City Council of the city of Huntington Beach that certain code known as the Uniform Administrative Code, compiled by the International Conference of Building Officials, being particularly the 1988 edition thereof, and the whole thereof. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. , as fully as though set forth at length herein, to serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment in the city of Huntington Beach, and repealing all ordinances and parts of ordinances in C conflict herewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the city of Huntington Beach. (2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) ° 12/89 17.02.030--17.02.030(1)(L) 17.02.030 Subsection (b) of section 301 of the .Uniform Administrative Code is hereby amended to read as follows: "Sec. 301 (b) EXEMPTED WORK. A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of ,the technical codes or any other laws or ordinances of this City. "l . BUILDING PERMITS. A building permit shall not be required for the following: "A. One-story detached accessory buildings used as tool and storage sheds, playhouses, private lathhouses, glasshouses, pagodas, gazebos and similar structures and uses, provided projected roof area does not exceed 120 square feet. (2976-12/88) "B. Fences not over forty-two (42) inches high. "C. Oil derricks. "D. Movable cases, counters and partitions not over five-foot nine (5'9") inches high. (2976-12/88) "E. Retaining walls which do not support over two (2) feet of earth, unless supporting a surcharge or impounding. flammable liquids. "F. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5000) gallons and the ratio of height to diameter or width does not exceed two to one. "G. Platforms, walks and decks not more than thirty (30) inches above grade and not over any basement or story below. (2976-12/88, 3022-12/89) . "H. Painting, papering and similar finish work. "I . 'Temporary motion picture, television and theater stage sets and scenery. "J. Window awnings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting not more than' fifty-four (54) inches. "K. Prefabricated swimming pools accessory to a Group R, Diviasion 3 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5000) gallons. "L. Flag poles, light poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding fifteen 0 5) feet zero inches in height. (3022-12/89) �- 12/89 17.02.030(1)(M)--17.02.030(3)(F) -= "M. Playground equipment and similar type recreational structures. (3022-12/89) "Unless otherwise provided by this code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. 112. PLUMBING PERMITS. A plumbing permit will not be required for the following: "A. The stopping of leaks in drains, soil , waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil , waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material , the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code. "B. The clearing of stoppages or the repairing of leaks in pipes, .valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. "C. 'Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location provided it does not require liquefied petroleum gas or natural gas to operate. "D. Replacement of any component part of an appliance or fixture which does not alter its original approval and complies with other applicable requirements of the technical codes." (2431-7/80, 2747-2/85) "3. ELECTRICAL PERMITS. An electrical permit shall not be required for the following: "A. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code. "B. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. ' "C. Temporary decorative lighting. "D. Repair or replacement of current-carrying parts of any switch, contactor or control device. "E. Reinstallation of attachment plug receptacles, but not the outlets therefor. F. Repair or replacement of any overcurrent device of the required capacity in the same location. 12/89 17.02.030(3)(G)--17.02.030(4)(H) f� "G. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. "H. ,Taping joints. "I. Removal of electrical wiring. "J. Temporary wiring for experimental purposes in suitable experimental laboratories. "K. The wiring for temporary theater, ,motion picture or television stage sets. "L. Electrical -wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy. i "M. ' Low-energy power, control and signal circuits of Classes II and I . .III as defined in the electrical code. "N. : A permit shall ' not be required for the installation, alteration or repair .of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. "4. Mechanical permits. A mechanical permit shall not be required for the following: "A. Any portable heating appliance. "B. Any portable ventilating equipment. T. Any portable cooling unit. "D. Any portable evaporative cooler. "E. Any closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by the mechanical code. "F. Replacement of any component part of assembly or an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes. "G. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes. , "H. Any unit refrigerating system as defined in the mechanical code." 12/89 17.02.040--17.02.040(e) 17.02.040 Fees. Section 304 of the Uniform Administrative Code is amended to read as follows: "Sec. 304 "(a) GENERAL. The fee for each permit shall be as established by resolution of the City Council . (3022-12/89) "(b) PERMIT FEES. The determination of value or valuation under any of the provisions of these codes shall be made by the building official . The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical , plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. (3022-12/89) "(c) PLAN REVIEW FEES. When a plan or other data is required to be submitted by subsection (b) of section 302, a plan review fee shall be paid. This fee shall be paid at the time of submitting plans and specifications for building plan check and at the permit issuance for plumbing, mechanical and electrical plan checks. Said plan review fee for buildings or structures shall be as established by resolution of the City Council . (3022-12/89) "(d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official . The building official may extend the time for action by the applicant in increments of 180 days subject to the following conditions: (3022-12/89) "(1 ) The applicant shall submit a written request every one-hundred and eighty (180) days stating the reason for such extension, accompanied by a plan check extension fee, established by resolution of the City Council . "(2) Any plans that remain in plan check over three-hundred and sixty (360) days shall be revised to meet all requirements in existence at the time the permit is issued. 11(3) Any alterations to the plan shall be reviewed by plan check personnel on an hourly fee as established by resolution of the City Council . 11(4) Under no conditions may a plan remain in plan check over seven-hundred and twenty (720) days. "(e) INVESTIGATION FEES. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the total permit fee shall be the standard permit fee as required in subsection (a) hereof plus an investigation fee established by 12/89 17.02.040(e)--17.02.050 resolution of the City Council . The payment of the investigation fee shall not exempt any person from compliance with the provisions of this code or from any other penalty prescribed by law. (3022=12/89) "(f) SPECIAL SERVICE FEES. At the request of an applicant, the building official may authorize the performance of special services not otherwise required by this code or included in the schedule of fees as specified in this section. The fee for any such special service shall be set by resolution of the City Council . (3022-12/89) "(g) CERTIFICATE OF OCCUPANCY FEE. Whenever an application is made for a certificate of occupancy, a processing fee for the certificate of occupancy in an amount established by resolution of the City Council shall be paid to the City. This fee shall be in addition to all other required fees. If subsequent review of the application shows that the certificate of occupancy cannot be issued, the fee shall be retained by the City as a processing fee. (3022-12/89) "(h) CHANGE OF OCCUPANCY INSPECTION FEE. Whenever it is necessary to •inspect a building or premises in order to determine if a change may be made in the character of occupancy or use of the building or premises which would place the building in a different division of the same group of occupancy or in a different group of occupancy, a change of occupancy inspection fee, established by resolution of the City Council , shall be paid to the City. (3022-12/89) I'M FEE REFUNDS. (3022-12/89) 1 . The building official may authorize the refund of any fee paid hereunder which was collected erroneously. 112. Except for a processing fee, the building official shall authorize the refund of a plan check fee when an application for a permit for which a plan check fee was paid is withdrawn or cancelled before any plan check is done. 113. When no work has commenced under a permit issued in accordance with this code and such permit is less than 180 days old, the building official shall authorize the refund of all fees except processing, plan check and conservation fees. . "The building official shall not authorize the refund of any fee paid except upon written request of the original applicant or permittee. " "(j) ACCEPTANCE OF EVIDENCE OF INDEBTEDNESS. The building official may accept evidence of indebtedness from the City' s Redevelopment Agency for payment of fees, -payable hereunder, in a form approved by the City,, Attorney. " (2431-7/80, 2747-2/85, 2763-6/85, 3022-12/89) 17_.02t_M Subsection (h) of section 305 of the Uniform Administrative Code is hereby amended to read as follows: 12/89 17.02.050(Sec 305(h)--17.02.060(4)(a) "Sec. 305(h) REINSPECTIONS. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. "This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of a technical code, but is designed to control the practice of calling for an inspection before a job is ready for inspection or reinspection. "Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not, readily available to the inspector, for failure to provide access on the date for which inspection was requested, or for deviating from plans approved by the building official . "To obtain a reinspection, the applicant shall file a written application therefor upon a form furnished for that purpose, and pay a reinspection fee established by resolution of the City Council . "In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid." (2431-7/80, 2747-2/85) 17.02.060 Subsection (d) of section 308 of the Uniform Administrative Code is hereby amended to read as follows: "Sec. 308(d) TEMPORARY CERTIFICATE. The building official may issue a temporary certificate of occupancy, and authorize the release of utilities and the occupancy of a building or structure, or portion thereof, prior to the completion of a building or development project, upon receipt of a written request, subject to the following: "(1 ) The building official has determined that no hazard exists to life or property. "(2) A cash deposit to guarantee completion of required improvements has been deposited with the City in a form acceptable to the Director of Finance and in an amount equal to one-hundred and fifty (150) percent of the estimated cost to complete such improvements, as determined by the building official . "(3) Payment of a nonrefundable, temporary certificate fee, established by resolution of the City Council . "(4) An agreement in a form approved by the City Attorney, signed by the owner or the prime contractor which shall contain the following: "(a) A statement of the improvements necessary and that the improvements will be completed within the time specified by the building official but not longer than sixty (60) days. 12/89 17.02.060(4)(b)--17.02.060(5) "(b) Authorization for the City to enter the property and complete the work specified without additional notice to the owner in the event the work is not completed within the time specified.. "(c) A statement that the cost of such work shall be paid from the cash deposit of the applicant and such cost shall include reasonable administrative costs incurred by the City when such work covered by the deposit is completed by the City. "(d) REFUND OF CASH DEPOSIT. If the improvements required are completed within the time specified in the agreement, the deposit shall be automatically refunded. "(5) The building official shall revoke the temporary occupancy certificate upon failure to comply with the terms and provisions of the agreement. (2431-7/80, 2747-2/85) I I . I 'I 12/89 17.04.010--17.04.040 Chapter 17.04 BUILDING CODE /tow (375-8/34, 530-5/48, 592-12/52, 869-9/61 , 1064-7/64, 1139-5/65, 1331-7/67,1626-2/71 , 1935-11/74, 2027-1/76, 2431-7/80, 2747-2/85, 2787-9/85, 2875-11/86, 2976-12/88, Urg. Ord. 3006-6/89, 3004-8/89, 3022-12/89) Sections- 17.04.010 Title 17.04.020 Adoption t 17.04.030 Chapters 1 through 3 deleted 17.04.040 Section 1101 , Division 2 amended--Fences, tanks and towers 17.04.050 Chapter 11 amended--Swimming pools 17.04.055 Section 1210(a) amended--Dwellings and Lodgings Fire Prevention Regulations 17.04.060 Section 2623 amended--Concrete floor slabs 17.04.070 Section 3802 amended--Additional sprinklers 17.04.080 Chapter 41 added--Building security 17.04.085 Methane District Regulations 17.04.090 Amendments to appendices 17.04.100 Stockpile 17.04.110 Appendix Chapter 70, section 7006(h) added 17.04.010 Title. This chapter shall be known as the "Huntington Beach -- Building Code," may be cited as such, and will be referred to herein as "this code." (1935-11/74, 2027-1/76, 2431-7/80, 2747-2/85) 17.04.020 Adoption. There is hereby adopted by the City Council of the city of Huntington Beach that certain code known as the Uniform Building Code, compiled by the International Conference of Building Officials, being particularly the 1988 edition thereof, and the whole thereof, including appendices thereto except as hereinafter provided. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. , as fully as though set forth at length herein, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal , conversion, demolition, occupancy, equipment, use, height, area, and maintenahce of buildings or structures in the city of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the city of Huntington Beach. (375-8/34, 530-5/48, 592-12/52, 859-9/61 , 1064-7/64, 1139-5/65, - 1331-7/67, 1626-2/71 , 2027-1/76, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) L7_,04.,,93Q Chapters 1 through 3 of the Uniform Building Code are hereby deleted. (2431-7/80, 2747-2/85) f 17,Q4.Q4Q Division 2 of section 1101 of the Uniform Building Code is amended to read: "Division 2. Fences, tanks, towers, and swimming pools." (2431-7/80, 2747-2/85) 12/89 I 17.04.050--17.04.050(Sec 1107(e) 17.04.050 Chapter 11 of the Uniform Building Code is amended by adding thereto new Section 1107 to read as follows: (3022-12/89) "Section 1107 (a) DEFINITION. A swimming pool is any body of.water having a depth exceeding eighteen (18) inches at any point, constructed, fabricated or installed for swimming, bathing or wading purposes. "(b) FENCING. Every person in possession or control of land within the City, either as owner, purchaser under ,contract, lessee, tenant or licensee, upon which is situated a swimming pool , shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool , lot or premises, a substantial fence or wall. not less than five (5) feet in height, measured from ground level on the exterior side of the fence or wall . "Gates or doors shall be provided with self-closing and self-latching devices capable of keeping such gates or doors securely latched. Such self-latching devices shall be located not less than five (5) feet above exterior grade or at another equally inaccessible location. "A dwelling or appurtenant structure may be-used as a part of the required enclosure. "The safety fencing, all self-closing and self-latching devices, required by this section., shall be installed and in proper working order before any water is placed in the pool . "The building official may alter or waive these requirements when, in his opinion, they are impractical due to proximity of pool to other bodies of water such as lagoons and channels. (2976-12/88) "(c) CASH BOND. Before any permit is issued for- any swimming pool a cash bond in the amount of three hundred dollars ($300) shall be-posted with the City. The bond shall be for the purpose of assuring that all construction materials are removed from the public streets; that any damage to any curb,'gutter, sidewalk, street, wall or other public property is repaired; and that the required safety fencing and related . devices are installed and in proper working order. In the event the above work is not properly done, the cash bond shall be forthwith and summarily forfeited to the city. Unless the bond has been so forfeited, it shall , upon final inspection and approval of the installation,. be returned to the person who posted the bond. (3022-12/89) "(d) EQUIPMENT SLAB. Pool equipment shall be installed on a concrete slab two (2) inches above ground level . "(e) HYDROSTATIC DEVICES. In areas. of anticipated high water table, an approved hydrostatic relief device shall .be installed. 12/89 17.04.050--17.04.064 "EXCEPTION: pools having no structural bottom such as plastic-lined pools, need not be equipped with such relief device." (2027-1/76, 2431-7/80, 2747-2/85) 17.04.055 The Uniform Building Code is hereby amended by adding thereto a new paragraph to Section 1210(a) Dwellings and LQdaings Fire Prevention Regulations to read as follows: "Section 1210(a) Any dwelling or lodging classified under Group R Division 3 of�the Uniform Building Code shall have a smoke detector installed as herein j described above in this section. j All such smoke detectors shall be installed within ninety (90) days of the passage of the ordinance." (Urg. Ord. 3006-6/89) 17.04.060 Section 2623 of the Uniform Building Code is amended to read as follows: "Section 2623. All concrete floor slabs on grade shall have a minimum net thickness of 3 1/2 inches, and shall be provided with minimum reinforcing equal to 6 x 6-W1 .4 x W1 .4 welded fabric. When such slabs are to be covered with carpet or any floor, cov,ering they shall be separated from the ground by 2" clean sand over an approved vapor barrier." (2027-1/76, 2431-7/801, 2747-2/85, 2976-12/88) 17.04.064 Section 3202 of the Unifcrm Building Code i,s amended by adding to the definitions of both wood shakes and wood shingles as follows: (3022-12/89) WOOD SHAKES are tapered or nontapered pieces of approved durable wood of . random widths ranging from four (41') inches to fourteen (14") inches with a minimum of Class C fire-retardancv and of the following four (4) types: (3022-12/89) 1 . Hand-split and resawn: tapered with one sawed and one split face.; semisplit: tapered with partially sawn and split faces both sides, fifteen (15") inches, eighteen (18") inches or twenty-four (2411) inches in length. (3022-12/89) 2. Taper-split: tapered with both split faces, twenty-four (24") inches in length. (3022-12/89) 3. Straight-split: nontapered with both split faces, either eighteen (18") inches or twenty-four (2411) inches in length. (3022-12/89) 4. Taper-sawn: sawn both sides, edges sawn or split. Lengths twenty-four (24") inches and longer. (3022-12/89) Preservative-treated wood shakes are taper-sawn pieces of southern pine wood treated in accordance with U.B.C. Standard No. 25-12 of random widths ranging from four (4") inches to eight (8") inches and lengths of eighteen (18") inches. (3022-12/89) 12/89 F 17.04.064--17:04.080(Sec 4106(a)) WOOD SHINGLES are tapered pieces of approved durable wood, sawed both sides, of random widths ranging from three (3") to fourteen (14") inches and in lengths of sixteen (16") inches, eighteen (18") inches or twenty-four (2411) inches with a minimum Class C fire-retardancy. (3022-12/89) 17.04.066 Section 3204(d) of the Uniform Building Code is amended by deleting (0 2 and (d)'3. (3022-12/89) 17.04.070 Section 3802 of the Uniform Building Code is amended by adding subsection (h) to read as follows: (3022-12/89) "Section 3802(h) For, amended sprinkler requirements, see Chapter 17.56 (Uniform Fire Code) of. this code." (2027-1/76, 2431-7/801, 2747-2/85, 3022-12/89) 17.04.080 The Uniform. Building Code is hereby amended by adding thereto new Chapter 41 entitled,". Building Security," to read as .follows: (3022-12/89) "Section 4101 Purpose. The purpose of this chapter is to establish minimum standards of construction for protection against unlawful entry. "Section 4102 Scope. The provisions of this chapter shall apply to all new construction for which building permits are issued after 'February 29, 1976. "Section 4103 Limitations. No provision of this chapter shall impose or be construed as imposing any requirements contrary to those contained in Chapter J 33 of the Uniform Building Code. "Section 4104 Alternative security provisions. When approved by' the building official , site security systems may be provided in lieu of the specific security provisions of section 4111 , 'Garages--Multiple dwellings. ' (3022-12/89 "Section 4105 Definitions. For the purpose of this chapter, certain terms used herein are defined as follows: " 'Cylinder guard' means a hardened ring surrounding the exposed portion of the lock cylind,er or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools. " 'Deadlocking latch' means a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism. " 'Dead bolt' means a bolt. which has no automatic spring action and which is operated by a key cylinder, thumb turn, or level , and is positively held fast when in the projected position. '" Latch' means ,a device for automatically holding a door shut after being closed. 12/89 . 17.04.080(Sec 4105)--17.04.080(.Sec 41060)(4) " ' Light' means any glazed opening whether glazed with glass, plastic, -metal , wood or composition sheets or panels, or similar materials, and . shall include windows, skylights, view ports or view panels and similar openings. "Section 4106 Tests. (a) Sliding Glass Doors. Panels shall be closed and locked. Tests shall be performed in the following order: "(1) Test 'A. ' With the panels in the normal position, a concentrated load of three hundred (300) pounds shall be applied separately to each vertical pull stile incorporating a locking device, at a point on the stile within six (6) inches of the locking devices, in the direction parallel to the plane of glass that would tend to open the, door. 11(2) Test 'B. ' Repeat above Test 'A' while simultaneously adding a concentrated load of 150 pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door. "(3) Test 'C. ' Repeat above Test 'B' with 150 pound force in the reversed direction toward the exterior side of the door. "(4) Tests 'D, ' 'E' and ' F. ' Repeat Tests 'A, ' 'B' and 'C' with the movable .panel lifted upwards to its . full limit within the confines of the door frame. "(b) Sliding_Glass Windows. Sash shall be closed and locked. Tests shall be performed in the following order: "(1 ) Test 'A. ' With the sliding sash in the normal position, a concentrated load of 150 pounds shall be applied separately to each sash member incorporating a locking device, at a point on the sash member within six (6) inches of the locking device, in the direction parallel to the plane of glass that would tend to open the window. "(2) Test ' B. ' Repeat above Test 'A' while simultaneously adding a concentrated load of seventy—five (75) pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window. "(3) Test 'C. ' Repeat above Test 'B' with the seventy—five (75) pound force in the reversed direction toward the exterior side of the window. 11(4) Tests 'D, ' ' E' and ' F. ' Repeat above Tests 'A, ' 'B' and 'C' with the movable sash lifted upwards to its full limit within the confines of the window frame. j 12/89 r Q 17.04.080(Sec 41076)--17.04.080(Sec 4108(b)(5) "Section 4107. Entry vision. All main or front entry doors to R occupancies shall be arranged so that the occupant has a view of the area immediately outside without opening the door. Such view may be provided by a door viewer or view port or by window or other opening located and constructed as required by this chapter. Such area shall be provided with a light. "Section 4108. Doors. (a) General . A door forming a part of the enclosure of a dwelling unit or of an area of a building occupied by one tenant shall be constructed, installed, and secured as set forth in this section. "(b) Swinging doors. "(l ) Swinging wooden doors which can be opened from the inside without using a key shall be of solid core construction. Lights in doors shall be as set forth in this chapter. (3022-12/89) "(2) A. single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a dead bolt and deadlocking latch. The dead bolt and latch may be activated ! by one lock or by individual locks. Dead bolts shall contain j hardened inserts, or equivalent, designed to repel cutting tool attack. The lock or locks shall be key operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device which requires no key, special knowledge or effort. 11(3) A straight dead bolt shall have a minimum throw of one fl) inch and the embedment shall be not less than five-eighths (5/8) inch into the holding device receiving the projected bolt. All dead bolts of locks which automatically activate two (2) or more dead bolts shall embed at least one-half (1/2) inch but need not exceed three-fourths (3/4) inch into the holding devices receiving the projected bolts. (3022-12/89) "EXCEPTION: "Locks may be key, or otherwise, operated from the inside when not prohibited by Chapter 33 of the Uniform Building Code or other laws and regulations. I'M A deadlocking latch shall be provided with a bolt projecting not less than five-eighths (5/8) inches from the edge of the door in which it is installed. "(5) The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a dead bolt or dead bolts as set forth in subsection (b)(2) above. "EXCEPTIONS: L 12/89 f 17.04.080(Sec 4108(b)(Exceptions)(1 )--17.04.080(Sec. 4109(b) "1 ) The bolt or bolts need not be key operated but shall not be otherwise activated, from the exterior side ,of the door. 112) The bolt or bolts may be engaged or disengaged automatically with the dead bolt or by another device on the active .l.eaf or lower leaf. "3) Manually-operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half (1/2) inch into the device receiving the projected bolt may be used when not prohibited by Chapter 33 of the Uniform Building Code or other laws and regulations. "(6) Doorstops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb or joined by a rabbet. "(7) Nonremovable pins shall be used in pin-type hinges which are accessible from the outside when the door is closed. "(8) Cylinder guards shall be installed on all mortise or rim-type cylinder locks 'installed in doors whenever the cylinder projects beyond the face of the door or when otherwise accessible to gripping tools. "(9) Unframed glass doors shall be of fully tempered glass not less than one-half (1/2) inch thick. "(10) Narrow-framed glass doors shall be of fully tempered glass not less than one-quarter (1/4) inch thick. "(c) Sliding glass doors. Sliding glass doors shall be equipped with locking devices and shall be so installed that they remain intact and engaged when subjected to tests specified in this chapter. Movable panels shall not be rendered easily opened or removed from the frame during or after the tests. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. "Section 4109. Windows and similar openings. (a) General . Windows, skylights, or other similar openings in which glass is utilized in dwelling units or portions of buildings shall be constructed, installed and secured as set forth in this section when located less than sixteen (16) feet above any surface available for use by the public. (2976-12/88, 3022-12/89) "(b) Mate ia11. Only fully-tempered glass, of approved burglar-resistant material , or approved metal bars, screens, or grills shall be used for any opening in which glass is utilized which is located within forty (40) inches of the locking device on a door. 12/89 + r a 17.04.080(Sec 4109(c)--17.04.085(Sec 5501) "(c) Locking devices. Locking devices which cannot be disassembled or disengaged when subjected to the tests prescribed in this chapter shall be provided on all sliding glass windows. Sliding glass panels shall not be easily opened or removed from the window frame during or after the tests. "(d) All windows which are designed to be opened shall be provided with locking devices as required by this section to make the building as secure as possible. "Section 4110. Other openings. t (a) General . Openings other than doors and windows which are utilized in dwelling units or portions of buildings the bottoms of which are less than sixteen (16) feet above a surface available for use by the public, shall be constructed as set forth in this section. (2976-12/88) "(b) Hatchways, scuttles and similar openings. (1 ) Solid ,wooden hatchways less than one and three-fourths (1 3/411) inches thick shall be covered on the inside with sixteen (16) gauge sheet metal attached with screws at six (6) inch maximum centers around the perimeter, shall be secured from the inside with a slide bar, slide bolts, and/or padlock with hardened steel shackle, and non-removable pins shall be used in all outside pin-type hinges. 11(2) All other openings in excess of ninety-six (96") square inches with a dimension in excess of eight (8") inches shall be secured by metal bars, screens, or grills in an approved manner. "Section 4111 . Garages--Multiple dwellings. Whenever a development includes three (3) or more dwelling units, all covered parking required by other provisions of the Huntington Beach Ordinance Code shall be provided by fully-enclosed garages. Garage space for each tenant shall be separated by partitions of three-eighths (3/8") inch plywood or any approved equivalent with studs set not more than twenty-four (24") inches apart on one side. Doors and windows in such garages shall be constructed, equipped and secured as required by this chapter." (2027-1/76, 2431-7/80, 2456-11/80, 274.7-2/85, 2787-9/85, 3022-12/89) Y 17.04.085 Methane District Regulations. The Uniform building Code is hereby amended by adding thereto new Chapter 55 entitled "Methane District Regulations" to read as follows: (3004-8/89, 3022-12/89) "Section 55Q1 Purpose. This Division sets forth the minimum requirements of the City of Huntington Beach for new building construction in the defined methane overlay districts. It is also the purpose of this chapter to reduce the hazards presented from accumulations of methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane overlay districts. 12/89 I 17.04.085(Sec 5502--17.04.085(Sec 5505) "Section 5502 Definitions. For the purposes of this division, the following definitions shall also be applied. A. "FLAMMABLE GAS shall mean any gaseous substance capable of sustaining combustion or explosion. B. "GAS DETECTION SYSTEM shall mean one or more electrical devices capable of continuous monitoring for the presence of flammable gasses and containing an audible alarm capable of alerting occupants that a hazardous atmosphere exists. A part of the system shall be subject to building the system and all devices which are department and fire department approval . C. "METHANE GAS shall mean the hydrocarbon substance commonly known as "natural gas," chemical formula CH4. For the purposes of definition in this chapter, natural gas from the distribution system of a utility company is exempted and excluded from the scope of the application of the provisions of this chapter. D. "METHANE GAS OVERLAY DISTRICT shall mean those districts within the City of Huntington Beach as defined in Section 5503.- E. "QUALIFIED ENGINEER shall mean a civil engineer currently registered in the State of California and possessing experience in the design of subsurface gas control systems. F. "VENT SYSTEM shall mean a system or device which gathers or collects flammable gasses and releases these gasses in a specified manner and location. "Section 5503 Overlay Districts. Boundaries of the districts set forth herein are measured from centerline to centerline of indicated streets unless otherwise described, and are graphically depicted by the copy of the map , designated "Methane Overlay Districts," which is .on file with the Department of Community Development and. the Fire Department. "The Methane District boundaries are as follows. Note that the directions of north, south, east, west, and similar directions are general in. nature only. "District One: Saybrook Lane south from Edinger Avenue to Davenport. Drive to Algonquin Street, south on Algonquin Street to Warner Avenue, east on Warner Avenue to Bolsa Chica Street, north on Bolsa Chica Street to Edinger Avenue, west on Edinger Avenue to Saybrook Lane. "District Two: All land on both sides of Pacific Coast Highway northwest from the City Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs, then following the City Boundary northeast to Edwards Street, Edwards Street north to Slater Avenue, Slater Avenue east to Gothard Street, Gothard Street south to Ellis Avenue, Ellis Avenue east to Newland Street, Newland Street south to Adams Avenue; Adams Avenue east to the City Boundary 12/89 ° 17.04.085(Sec 5503)-- at the Santa Ana River, City Boundary south along the Santa Ana River'.to Pacific Coast Highway. "Section 5504 Plan Required. All proposed subdivisions, divisions of land, developments of property, and new buildings within the methane overlay districts shall be reviewed by the Fire Department. The Fire Chief may require a plan for the testing of site soils for the presence of methane gas. Such plan shall be subject to the approval of the Fire Department, and may include, but shall not be limited to, hammer probes, pneumatically driven probes, and core hole samples with monitoring for the presence of methane gas. The Fire Chief may require other actions as deemed necessary to insure the safety of the development or building site. "Section 5505 Testing Required. Testing for the presence of methane gas shall be required to be' carried out in accordance with the approved plan. Results of such testing shall be submitted to the Fire Department for review and analysis. "Section 5506 Mitigation Required. Anomalously high levels of methane gas in the near surface or subsurface soil layers may require mitigation before any grading, development, or building construction is allowed to take place. Such mitigation may include, but is not limited to, the venting of abandoned oil wells, underground gathering and collection systems for gasses, vent systems, and flared vent systems. Other systems, devices, or components may be required as deemed necessary by the Fire Chief in order to insure the safety of the development and buildings. "If the mitigation measure do not reduce the soil concentrations of methane to an acceptable level , or if other contaminants are present in the methane at a level which poses a threat to health and safety, further development may be halted until such time as the site is rendered safe from these hazards. "Section 5507 Isolation Barriers Required. New buildings which fall under the provisions and requirements of this article may require the installation of a continuous, flexible, permanent, and non-permeable barrier, and shall be a type -approved by the Department of Community Development and the Fire Department. "Section 5508 Access. All methane gas mitigation systems required by this article shall be made accessible to city personnel for the purposes of monitoring, maintenance, and evaluation for effectiveness. "Section 5509 Areas Outside of Established Methane Overlay District Boundaries. Upon the determination of the Fire Department that hazard may exist from methane intrusion at a geographical location or area outside the boundaries established in Section 5503 above, the Fire Department may enforce any or all of the provisions of this article as deemed necessary by the Fire Chief to preclude potential hazards from fire or explosion from methane gas accumulations. "Section 5510 Additional Remedial Measures. If the concentration of flammable gas in any building in the City reaches or exceeds twenty-five 12/89 17.04.085(Section 5810)--17.04.110 percent '0 5%) of the minimum concentration which form an ignitable mixture with air at ambient temperature and pressure, the owner of such.building shall hire a qualified engineer to investigate, recommend, and implement mitigating measures. Such measures shall be subject to the approval of the Department of Community Development and the Fire Department." 17.04.090 Amendments to ap end dices. The Uniform Building Code is hereby ainended by deleting from the appendices Chapters 1 , 12, 23, 38, 51 , 53 and 57. (2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) 17.04.100 Stockpile. "STOCKPILE" shall be defined as earth material in excess of fifty (50) cubic yards stored for a temporary period of time upon a lot not in compliance with the grading provisions of this chapter. , (2'875-9/86) 17.04.110 Appendix Chapter 70. section 7006(h). Subsection_ (h) is hereby added to section 7006 of Appendix Chapter 40 to read as follows: "Section 7006(h) Temporary Stockpile Permit. The City may issue a permit to stockpile soil on a lot or parcel upon the submission of an application for a temporary stockpile grading permit by the owner of such lot or his authorized . .agent. A site plan of the lot showing the area in which the stockpile is to be placed and' the approximate amount of soil to be stockpiled� shall be required. "Soil so stockpiled shall not be disturbed or leveled until a regular grading permit has been obtained for such work. The placement of the stockpile shall not adversely affect the safety, use, or stability of any structure, nor create a .nuisance because of dust or erosion therefrom, nor block a public way or drainage course; nor shall such placement of stockpile material constitute a hazard to public welfarelor endanger property. Stockpiling in a residential zone may be permitted under this section for purposes of providing fill, material to be used onsite only. Stockpiling in residential zones for purposes of selling of material shall be prohibited. "The temporary permit shall expi.re one (1) year after issuance thereof. A new permit shall be required annually. "Stockpile Permit Fee. The per fee for stockpiling shall be established by resolution of the City Council ." (2875-9/86, 3022-12/89) 12/89 17.08.010--17.08.030 Chapter 17.08 HOUSING CODE Aee.��&12-e, ' (1424-7/68, 1627-2/71 , 2431-7/80, 2747-2/85 2976-12/88, 3022-12/89, 3035-3/90) Sections- 17.08.010 Title 17.08.020 Adoption 17.08.030 Repealed - 3022-12/89 17.08.040 Repealed - 3035-3/90 17.08.010 Title. This Uniform Housing Code shall be known as and referred to as the "Huntington Beach Housing Code." (1935-11/74, 2431-7/80, 2474-2/85, 3022-12/89) 17.08.020 Adoption. There is adopted by the City Council by reference that certain code known as the Uniform Housing Code, 1988 edition, and the whole thereof. The purpose of such code is to arrest, remedy and prevent the decay and deterioration of places -of habitation and to eliminate slums and blighted neighborhoods by providing minimum requirements for places of habitation for the protection of life, health, welfare, safety and property of the general public and of the owners and occupants of places of habitation in the City; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for the violation thereof, and repealing all ordinances and —' parts of ordinances in conflict herewith. Such code is adopted and incorporated as fully as though set out at length herein, as provided by California Government Code sections 50022.2 et seq. . From the date on which this chapter takes effect, the provisions of said code together with amendments thereto shall be controlling within the corporate limits of the city of Huntington Beach. (1424-7/68, 1627-2/71 , 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) 3/90 17.12.010--17.12.030 Chapter 17.12 DANGEROUS BUILDINGS CODEX/ 5(7 (1332-7/66, 1629-2/71 , 1883-1/74, 2149-2/77, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) Sections: 17.12.010 Adoption 17. 12.020 Section 402 amended--Recordation of notice and order 17.12.030 Application--Redevelopment project area 17.12.010 Adoption There is hereby adopted by the City Council by reference that certain code known as the Uniform Code for the Abatement of Dangerous Buildings, 1988 edition, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, for the purpose of providing a just, equitable and practicable method, to be cumulative and in addition to any other remedy provided by the Uniform Building Code, 1988 edition, or Uniform Housing Code, 1988 edition, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished; providing penalties for the violation of such code, and repealing all ordinances and parts of ordinances in conflict therewith, and the same is hereby adopted and .incorporated as fully as though set out at length herein, as provided by California Government Code sections 50022.2 et seq. From the date on which this chapter takes effect, the provisions of said code together with amendments thereto shall be controlling within the corporate limits of the city of Huntington Beach. (1332-7/66, 1629-2/71 , 1883-1/74, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) 17.12.020 Section 402 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: "Section 402. At the time notice and order is served, the building official may file in the office of the county recorder a certificate describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed, or the notice and order reversed or modified by the appeals board upon appeal , or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall forthwith file a new certificate with the county recorder that the building has been demolished or removed, or is no longer dangerous." (1883-1 /74, _2431-7/80, 2747-2/85) 17,1 ,030 Application--Redevelopment project areas. The provisions of this chapter shall apply to all buildings, as herein defined, which are now in existence or which may hereafter be constructed in the City; provided, however, that if the Council has designated an area as a Redevelopment Project Area and the Council has included, as a part of the redevelopment plan for such area, standards which include the Uniform Code for the Abatement of Dangerous Buildings, then the provisions of such code shall apply as set forth in the redevelopment plan. Provided, further, the provisions of the Uniform 12/89 17. 121.030 Code for the Abatement of Dangerous Buildings shall apply in the manner set forth in such code even in the redevelopment area wherever there exists, in the opinion of the building official , conditions which constitute a fire hazard or an active or immediate hazard to the life, limb, health, morals property, safety or general welfare of the occupant or of the public. (2149-2/7.7, 2431-7/80, 2747-2/85) i I • I 1.2/89 f i tr 17.44.010-�-17.44.070 Chapter 17.44 i�G22 PLUMBING CODE/ (1409-5/68, 1630-2/71 , 1937-10/74, 2089-8/76, 2282-5/78, 2337-1,/79, 2431-7/80, 2747-2/85, 2976-12/B8, 3022-1.2/89)' . section : 1.7.44.010 Adoption 17.44.020 Title 17.44.030 Repealed - 3022-12/89 17.44.0.40 Repealed - 3022-12/89 17.4.4.050 Repealed - 3022-12/89 17.44:060 Section 1007(g) amended--Water heaters 17.44.070 Section 1009(h) amended--Size of meter and pipe 17.44.080 Table 10-2 amended 17.44.090 Repealed - 3022-12/89 17.44.010 Adoption. There is hereby adopted by the City Council of the city of Huntington Beach that certain code known as the Uniform Plumbing Code, compiled 'by the International Association of Plumbing and Mechanical Officials, being the 1988 edition, and the whole thereof, including the standards but excluding Appendix C and Part 1 , "Administration." Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. , as fully as though set forth at length herein for the purpose of prescribing regulations governing the installation, alteration, repair and maintenance of plumbing and drainage systems. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall. be controlling within the corporate limits of the city of Huntington Beach. (1937-10/74, 2089-8/76, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) 17.44.020 Title This chapter shall be known as the "Huntington Beach Plumbing Code," may be cited as such, and will be referred to herein as "this code." (1409-5/68, 1630-2/71 , 1937-10/74, 2431-7/80, 2747-2/85, 2976-12/88) 17.44.060 Subsection (g) of section 1007, "Water Heaters," is hereby amended to read as follows: "Section 1007(g) All water heaters shall have an approved combination temperature and pressure relief valve installed .on the hot water outlet of the water heater and the drain shall terminate as specified in subsection (e). EXCEPTION: when approved by the building official , water heaters installed as replacements for existing water heaters inside existing buildings may be installed with an approved temperature gas shutoff valve in lieu of temperature and pressure relief valve where it is impracticable to comply with requirements of subsection (e) hereof. This valve is in addition to the regular thermostat." (1937-10/74, 2431-7/80, 2747-2/85) 17,44.070 Subsection (h) of section 1009, "Size of Meter and Pipe," is hereby amended to read as follows: 12/89 17.44.070--17.44.080 "Section 1009(h) Size of Meter and Building Supply Piping Using Table 10-2. . Knowing the available pressure at the water meter or other source of supply, and after subtracting 1/2 pound per square inch pressure for each foot of difference in elevation between such source of supply and the -highest water supply outlet in the building or on the premises, use the 'Pressure Range' group within which this pressure will fall . Select the ' length' column which is equal to or longer than the required length. Follow down the column to a fixture unit valve equal to or greater than the total number of fixture units required by the installation. Having located the proper fixture unit valve for the required length, sizes of meter and building supply pipe will be found in the two left-hand -columns. No building supply pipe shall be less than 3/4 inches in diameter and no building supply line for a new residential structure shall be less than 1 inch diameter. Each main building shall have a minimum of two 3/4-inch hose bibbs, one of which shall be readily accessible to the rear yard." (1937-10/74, 2431-7/80, 2147-2/85) 17.44.080 Table 10-2 amended. Table 10-2 is amended by deleting footnote "**Building Supply-3/4 in. nominal minimum." (1937-10/74, 2431-7/80, 2747-2/85) 12/89 a Huntington Beach Municipal Code 17.02.010 Title 17 BUILDINGS AND CONSTRUCTION Chapters: 17.02 Uniform Administrative Code 17.04 Building Code 17.08 Housing Code 17. 10 Property Maintenance 17. 12 Dangerous Buildings Code 17. 16 Earthquake Hazard Regulations 17.20 Driveways and Parking Areas 17.24 Sun Decks--Windscreens 17.28 Moving Buildings 17.36 Repealed 3022-12/89 17.40 Mechanical Code 17.44 Plumbing Code 17.46 Swimming Pool , Spa and Hot Tub Code 17.48 Electrical Code 17.56 Uniform Fire Code 17.58 Hazardous Materials 17.60 Solar Energy Code- 17.64 Undergrounding of Utilities 17.65 Traffic Impact Fees Chapter 17.02 UNIFORM ADMINISTRATIVE CODE (2431-7/80, 2747-2/85, 2763-6/85, 2976-12/88, 3022-12/89, 3147-7/92) Sections• 17.02.010 Adoption 17.02.020 Repealed 3022-12/89 17.02.030 Section 301 (b) amended--Exempted work 17.02.040 Fees 17.02.050 Section 305(h) amended--Reinspections 17.02.060 Section 308(d) amended--Temporary certificate 17.02.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Administrative Code, compiled by the International Conference of Building Officials, being particularly the 1991 edition thereof, and the whole thereof. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. and Health and Safety Code Section 18941 .5, as fully as though set forth at length herein, to serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment in the city of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect, the provisions of said code, f together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. (2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) 7/92 i � ♦ 1 17.02.030--17.02.030(1 )(M) Huntington Beach Municipal Code 17.02.030 Subsection (b) of section 301 of the Uniform Administrative Code is hereby amended to read as follows : "Sec. 301 (b) EXEMPTED WORK. A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or ordinances of this City. "1 . BUILDING PERMITS. A building permit shall not be required for the following: "A. One-story detached accessory buildings used as tool and storage sheds, playhouses , private lathhouses , glasshouses, pagodas , gazebos and similar structures and uses , provided projected roof area does not exceed 120 square feet. (2976-12/88) "B. Fences not over forty-two (42) inches high. "C. Oil derricks and tanks. (3147-7/92) "D. Movable cases, counters and partitions not over five-foot nine (519") inches high. (2976-1.2/88) "E. Retaining walls which do not support over two (2) feet of earth, unless supporting a surcharge or impounding flammable liquids. "F. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5000) gallons and the ratio of height to diameter or width does not exceed two to one. "G. Platforms, walks and decks not more than thirty (30) inches above grade and not over any basement or story below. (2976-12/88, 3022-12/89) . "H. Painting, papering and similar finish work. "I. Temporary motion picture, television and theater stage sets and scenery. "J. Window awnings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting not more than fifty-four (54) inches . "K. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5000) gallons. L. Flag poles, light poles and TV dishes in connection with a Group R, .Division 3 occupancy and not exceeding fifteen (15) feet zero inches in height. (3022-12/89) "M. Playground equipment and similar type recreational structures . (3022-12/89) 7/92 Huntington Beach Municipal Code 17.02.030(1 )(N)--17.02.030(3)(H) "N. Residential Cabinets within a dwelling unit. (3147-7/92) "Unless otherwise provided by this code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. 112. PLUMBING PERMITS. A plumbing permit will not be required for the following: "A. The stopping of leaks in drains, soil , waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil , waste or vent pipe become 'defective and it becomes necessary to remove and replace the same with new material , the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code. "B. The clearing of stoppages or the repairing of leaks in pipes , valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or-fixtures. "C. Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location provided it does not require, liquefied petroleum-gas or natural gas to operate. "D. Replacement of any component part of an appliance or fixture which does not alter its original approval and complies with other applicable requirements of the technical codes. " (2431-7/80, 2747-2/85) "3. ELECTRICAL PERMITS. An electrical permit shall not be required for the following: "A. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or ,cable is permitted by the electrical code. "B. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. "C. Temporary decorative lighting. "D. Repair or replacement of current-carrying parts of any switch, contactor or control device. "E. Reinstallation of attachment plug receptacles, but not the outlets therefor. "F. Repair or replacement of any overcurrent device of the required capacity in the same location. "G. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. �J "H. Taping joints . 7/92 17.02.030(3)(I)--17.02.040(a) Huntington Beach Municipal Code- "I. Removal of electrical wiring. "J. Temporary wiring for experimental purposes in suitable experimental laboratories. "K. The wiring for temporary theater, motion picture or television stage sets . "L. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty—five (25) volts and not capable of supplying more than fifty (50) watts of energy. "M. Low—energy power, control and signal circuits of Classes II and III as defined in the electrical code. "N. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. "4. Mechanical permits . A mechanical permit shall not be required for the following: "A. Any portable heating appliance. "B. Any portable ventilating equipment. "C. Any portable cooling unit. "D. Any portable evaporative cooler. "E. Any closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by the mechanical code. "F. Replacement of any component part of assembly or an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes. "G. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes. "H. Any unit refrigerating system as defined in the mechanical code." 17.02.040 Fees. Section 304 of the Uniform Administrative Code is amended to read as follows: "Sec. 304 "(a) GENERAL. The fee for each permit shall be as established by resolution of the City Council . (3022-12/89) 7/92 Huntington Beach Municipal Code 17.02.040(b)--17.02.040(f) "(b) PERMIT FEES. The standard for determination of�value or valuation under any of -the provisions of these codes shall be made by the building official based on the most recent Building Valuation Data as printed in the: Building Standards Magazine published by the International Conference of Building Officials. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical , plumbing, heating, air conditioning, elevators , fire—extinguishing systems and any other permanent equipment. (3022-12/89, 3147-7/92) "(c) PLAN REVIEW FEES. When. a plan or other data is required to be submitted by subsection (b) of section 302, a plan review fee shall be paid. This fee shall be paid at the time of submitting plans and specifications for plan check. Said plan review fees shall be as established by resolution of the City Council . (3022-12/89, 3147-7/92) "(d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official . The building official may extend the time for action by the applicant in increments. of 180 days subject to the following conditions: (3022-12/89) "(1 ) The applicant shall submit a written request every one-hundred and eighty (180) days stating the reason for such extension, accompanied by a plan check extension fee, established by resolution of the City Council . "(2) Any plans that remain in plan check over three-hundred and sixty (360) days shall be revised to meet all requirements in existence at the time the permit is issued. "(3) Any alterations to the plan shall be reviewed by plan check .personnel on an hourly fee as established by resolution of the City Council . "(4) Under no conditions may a plan remain in plan check over seven-hundred and twenty (720) days. "(e) INVESTIGATION FEES. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the total permit fee shall be the standard permit fee as required in subsection (a) hereof plus an investigation fee established by resolution of the City Council . The payment of the investigation fee shall not exempt any person from compliance with the provisions of this code or from any other penalty prescribed by- law. (3022-12/89) "(f) SPECIAL SERVICE FEES. At the request of an applicant, the building official may authorize the performance of special services not otherwise required by this code or included in the schedule of fees as specified in this section. The fee for any such special service shall be set by resolution of the City Council . (3022-12/89) 7/92 17.02.040(g)--17.02.050(Sec 305(h) Huntington Beach Municipal Code "(g) CERTIFICATE OF OCCUPANCY FEE. Whenever an application is made for a certificate of occupancy, a processing fee for the certificate of occupancy in an amount established by resolution of the City Council shall be paid to the City. This fee shall be in addition to all other required fees . If subsequent review of the application shows that the certificate of occupancy cannot be issued, the fee shall be retained by the City as a processing fee. (3022-12/89) "(h) SWIMMING POOL CASH BOND. Before any permit is issued for any swimming pool a cash bond in the amount of three hundred dollars ($300) shall be posted with the City. The bond shall be for the purpose of assuring that all . construction materials are removed from the public streets,; that any damage to any curb, gutter, sidewalk, street, wall or other public property is repaired; and that the required safety fencing and related devices are installed and in proper working order. In the event the above work is not properly done, the cash bond shall be forthwith and summarily forfeited to the City. Unless the bond has been so forfeited, it shall , upon. final inspection and and approval of the installation, be, returned to the person who posted the bond. (3127-7/92) "(i ) FEE REFUNDS. (3022-12/89) "l . The building official may authorize the refund of any fee paid hereunder which was collected erroneously. "2. Except for a processing fee, the building official shall authorize the refund of a plan check fee when an application for a permit for which a plan check fee was paid is withdrawn or cancelled before any plan check is done. 3. When no work has commenced under a permit issued in accordance with this code and such permit is less than 180 days old, the building official shall authorize the refund of all fees except processing, plan check and conservation fees. "The building official shall not authorize the refund of any fee paid except upon written request of the original applicant or permi.ttee. " "(j) ACCEPTANCE OF EVIDENCE OF INDEBTEDNESS. The building official may accept evidence of indebtedness from the City' s Redevelopment Agency for payment of fees , payable hereunder, in a form approved by the City Attorney. " (2431-7/80, 2747-2/85, 2763-6/85, 3022-12/89) 17.02.050 Subsection (h) of section 305 of the Uniform Administrative Code is hereby amended to read as follows: "Sec. 305(h) REINSPECTIONS. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. "This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of a technical code, but is designed to control the practice of calling for an inspection before a job is ready for inspection or reinspection. 7/92 Huntington Beach Municipal Code 17.02.050--17.02.060(Sec 308(d)(5) "Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection was requested, or for deviating from plans approved by the building official . "To obtain a reinspection, the applicant shall file a written application therefor upon a form furnished for that purpose, and pay a reinspection fee established by resolution of the City Council . "In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid." (2431-7/80, 2747-2/85) 17.02.060 Subsection (d) of section 308 of the Uniform Administrative Code is hereby amended to read as follows: ` "Sec. 308(d) TEMPORARY CERTIFICATE. The building official may issue a temporary certificate of occupancy, and authorize the release of utilities and the occupancy of a building or structure, or portion thereof, prior to the completion of a building or development project, upon receipt of a written request, subject to the following: "(1 ) The building official has determined that no hazard exists to life or property. "(2) A cash deposit to guarantee completion of required improvements has been deposited with the City in a form acceptable to the Director of Finance and in an amount equal to one-hundred and fifty (150) percent of the estimated cost to complete such improvements , as determined by the building official . "(3) Payment of a non-refundable, temporary certificate fee, established by resolution of the City Council . "(4) An agreement in a form approved by the City Attorney, signed by the owner or the prime contractor which shall contain the following: "(a) A statement of the improvements necessary and .that the improvements will be completed within the time specified by the building official but not longer than sixty (60) days . "(b) Authorization for the City to enter the property and complete the work specified without additional notice to the owner in the event the work is not completed within the time specified. "(c) A statement that the cost of such work shall be paid from the cash deposit of the applicant and such cost shall include reasonable administrative costs incurred by the City when such work covered by the deposit is completed by the City. "(d) REFUND OF CASH DEPOSIT. If the improvements required are completed within the time specified in the agreement, the deposit shall be automatically refunded. "(5) The building official shall revoke the temporary occupancy certificate upon failure to comply with the terms and provisions of the agreement. (2431-7/80, 2747-2/85) 7/92 Huntington Beach Municipal Code 17.04.010--17.04.055 Chapter 17.04 BUILDING CODE (375-8/34, 530-5/48, 592-12/52, 869-9/61 , 1064-7/64, 1139-5/65, 1331-7/67, 1626-2/71 , 1935-11 /74, 2027-1 /76, 2431-7/80, 2747-2/85, 2787-9/85, 2875-11/86, 2976-12/88, Urg. Ord. 3006-6/89, 3004-8/89, 3022-12/89, 3147-7/92) Sections: 17.04.010 Title 17.04.020 Adoption 17.04.030 Chapters 1 through 3 deleted 17.04.040 Repealed, Ord 3147-7/92 17.04.050 Repealed, Ord 3147-7/92 ` 17.04.055 Section 1210(a) amended--Dwellings and Lodgings Fire Prevention Regulations 17.04.060 Section 2623 amended--Concrete floor slabs 17.04.064 Wood Shakes and Wood Shingles 17.04.070 Section 3802 amended--Additional sprinklers 17.04.080 Chapter 41 added--Building security 17.04.085 Methane District Regulations 17.04.090 Amendments to appendices 17.04.095 Appendix Chapter 32, Section 3212(b) 17.04. 100 Stockpile 17.04. 110 Appendix Chapter 70, section 7006(h) added 17.04.010 Title. This chapter shall be known as the "Huntington Beach C", Building Code, " may be cited as such, and will be referred to herein as "this code." (1935-11 /74, 2027-1 /76, 2431-7/80, 2747-2/85) 17.04.020 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Building Code, compiled by the International Conference of Building Officials , being particularly the 1991 edition thereof, and the whole thereof, including appendices thereto except as hereinafter provided. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. , and Health and Safety Code Section 18941 .5, as fully as though set forth at length herein, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal , conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. (375-8/34, 530-5/48, 592-12/52, 859-9/61 , 1064-7/64, 1139-5/65, 1331-7/67, 1626-2/71 , 2027-1 /76, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.04.030 Chapters 1 through 3 of the Uniform Building Code are hereby deleted. (2431-7/80, 2747-2/85) 17.04.055 Section 1210(a) amended--Dwellings and Lodgings Fire Prevention Regulations. The Uniform Building Code is hereby amended by adding thereto a 0 new paragraph to Section 1210(a) Dwellings and Lodgings Fire Prevention Regulations to read as follows: 7/92 17.04.055(Sec 1210(a)--17.04.080(Sec 4105) Huntington Beach Municipal Code "Section 1210(a) Any dwelling or lodging classified under Group R Division 3 of the Uniform Building Code shall have a smoke detector installed as herein described above in this section. All such smoke detectors shall be installed within ninety (90) days of the passage of the ordinance. " (Urg. Ord. 3006-6/89) 17.04.060 Section 2623 amended--Concrete floor slabs. Section 2623 of the Uniform Building Code is amended to read as follows : "Section 2623. All concrete floor slabs on grade shall have a minimum net thickness of 3 1 /2 inches, and shall be provided with minimum reinforcing equal to 6 x 6-W1 .4 x W1 .4 welded fabric. When such slabs are to be covered with carpet or any floor covering they shall` be separated from the ground by 2" clean sand over .an approved vapor barrier." (2027-1 /76, 2431-7/80, 2747-2/85, 2976-12/88) 17.04.064 Wood Shakes and Wood Shingles. Section 3202 of the Uniform Building Code is amended by adding to the definitions of -both wood shakes and wood shingles requiring all new materials to have a minimum of class C fire-retardancy. (3022-12/89, 3127-7/92) 17.04.070 Section 3802 amended--Additional sprinklers. Section 3802 of the Uniform Building Code is amended by adding subsection (h) to read as follows: (3022-12/89) "Section 3802(h) For amended sprinkler requirements, see Chapter 17.56 (Uniform Fire Code) of this code. " (2027-1 /76, 2431-7/80, 2747-2/85, 3022-12/89) 17.04.080 Chapter 41 added--Building security. The Uniform Building Code is hereby amended by adding thereto new Chapter 41 entitled," Building Security," to read as follows: (3022-12/89) "Section 4101 Purpose. The purpose of this chapter is to establish minimum standards of construction for protection against unlawful entry. "Section 4102 Scope. The provisions of this chapter shall apply to all new construction for which building permits are issued after February 29, 1976. "Section 4103 Limitations. No provision of this chapter shall impose or be construed as imposing any requirements contrary to those contained in Chapter 33 of the Uniform Building Code. "Section 4104 Alternative security provisions. When approved by the building official , site security systems may be provided in lieu of the specific security provisions of section 4111 , 'Garages--Multiple dwellings. ' (3022-12/89 "Section 4105 Definitions. For the purpose of this chapter, certain terms used herein are defined as follows : " 'Cylinder guard' means a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools. 7/92 I� o Huntington Beach Municipal Code 17.04.080(Sec 4105)--17.04.080(Sec 4106) " 'Deadlocking latch' means a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism. " 'Dead bolt' means a bolt which has no automatic spring action and which is operated by a key cylinder, thumb turn, or level , and is positively held fast when in the projected position. " ' Latch' means a device for automatically. holding a door shut after being closed. " ' Light' means any glazed opening whether glazed with glass , plastic, metal , wood or composition sheets or panels , or similar materials , and shall include windows, skylights , view ports or view panels and similar openings. f "Section 4106 Tests. (a) Sliding Glass Doors. Panels shall be closed and locked. Tests shall be performed in the following order: "(1 ) Test 'A. ' With the panels in the normal position, a concentrated load of three hundred (300) pounds shall be applied separately to each vertical pull stile incorporating a locking device, at a point on the stile within six (6) inches of the locking devices, in the direction parallel to the plane of glass that would tend to open the door. "(2) Test ' B. ' Repeat above Test 'A' while simultaneously adding a concentrated load of 150 pounds to the same area of the same stile in a direction perpendicular to the plane of glass . toward the interior. side of the door. "(3) Test 'C. ' Repeat above Test 'B' with 150 pound force in the reversed direction toward the exterior side of the door. "(4) Tests 'D, ' ' ' E' and ' F. ' Repeat Tests 'A, ' ' B' and 'C' with the movable panel lifted upwards to its full limit within the confines of the door frame. "(b) Sliding Glass Windows. Sash shall be closed and .locked. Tests shall be performed in the following order: "(1 ) Test 'A. ' With the sliding sash in the normal position, a concentrated load of 150 pounds shall be applied separately to each sash member incorporating a locking device, at a point on the sash member within six (6) inches of the locking device, in the direction parallel to the plane of glass that would tend to open the window. "(2) Test ' B. ' Repeat above Test 'A' while simultaneously adding a concentrated load of seventy-five (75) pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window. "(3) Test 'C. ' Repeat above Test ' B' with the seventy-five (75) pound force in the reversed direction toward the exterior side of• the window. 7/92 17.04.080(Sec 4106)--17.04.080(Sec 4108) Huntington Beach Municipal Code ` "(4) Tests 'D, ' ' E' and 'F. ' Repeat above Tests 'A, ' 'B' and 'C' with the movable sash lifted upwards to its full limit within the confines of the window frame. "Section 4107. Entry vision. All main or front entry doors to R occupancies shall be arranged so that the occupant has a view of the area immediately outside without opening the door. Such view may be provided by a door viewer or view port or by window or other opening located and constructed as required by this chapter. Such area shall be provided with a light. "Section 4108. Doors. "(a) General . A door forming a part of the enclosure of a dwelling unit or of an area of a building occupied by one tenant shall be constructed, installed, and secured as set forth in this section. "(b) Swinging doors. "(1 ) Swinging wooden doors which can be opened from the inside without using a key shall be of solid core construction. Lights in doors shall be as set forth in this chapter. (3022-12/89) "(2) A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a dead bolt and deadlocking latch. The dead bolt and latch may be activated by one lock or by individual locks. Dead bolts shall contain hardened. inserts , or equivalent, designed to repel cutting tool attack. The lock or locks shall be key operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device which requires no key, special knowledge or effort. "(3) A straight dead bolt shall have a minimum throw of one (1 ) inch and the embedment shall be not less than five-eighths (5/8) inch into the holding device receiving the projected bolt. All dead bolts of locks which automatically activate two (2) or more dead bolts shall embed at least one-half (1 /2) i-nch but need not exceed three-fourths (3/4) inch into the holding devices receiving the projected bolts. (3022-12/89) "EXCEPTION: "Locks may be key, or otherwise, operated from the inside when not prohibited by Chapter 33 of the Uniform Building Code or other laws and regulations. "(4) A deadlocking latch shall be provided with a bolt projecting not less than five-eighths (5/8) inches from the edge of the door in which it is installed. "(5) The inactive leaf of a pair of doors and the upper leaf of Dutch ' doors shall be equipped with a dead bolt or dead bolts as set forth in subsection (b)(2) above. 7/92 i Huntington Beach Municipal Code. 17.04.080(Sec 4108)--17.04.080(Sec 4109) "EXCEPTIONS: "(1 ) The bolt or bolts need not be key operated but shall not be otherwise activated, from the exterior side of the door. "(2) The bolt or bolts may be engaged or disengaged automatically with the dead bolt or by another device on the active leaf or lower leaf. "(3) Manually—operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one—half (1 /2) inch into the device receiving the projected bolt may be used when not prohibited by Chapter 33 of the Uniform Building Code or other laws and regulations . "(6) Doorstops on wooden jambs for in—swinging doors shall be of one piece construction with the jamb or joined by a rabbet. "(7) Nonremovable pins shall be used in pin—type hinges which are accessible from the outside when the door is closed. "(8) Cylinder guards shall be installed on all mortise or rim—type cylinder locks i-nstalled in doors whenever the cylinder projects beyond the face of the door or when otherwise accessible to gripping tools. "(9) Unframed glass doors shall be of fully tempered glass not less than one—half (1 /2) inch thick. . "(10) Narrow—framed glass doors shall be of fully tempered glass not less than one—quarter (1 /4) inch thick. "(c) Sliding glass doors. Sliding glass doors shall be equipped with locking devices and shall be so installed that they remain intact and engaged when subjected to tests specified in this chapter. Movable panels shall not be rendered easily opened or removed from the frame during or after the tests . Cylinder guards shall be installed on all mortise or rim—type cylinder locks installed in doors whenever the cylinder projects beyond the face of the door 'or is otherwise accessible to gripping tools. "Section 4109. Windows and similar openings. (a) General . Windows , skylights , or other similar openings in which glass is utilized in dwelling units or portions of buildings shall be constructed, installed and secured as set forth in this section when located less than sixteen (16) feet above any surface available for use by the public. (2976-12/88, 3022-12/89) "(b) Materials. Only fully—tempered glass, of approved burglar—resistant material , or approved metal bars, screens, or grills shall be used for any opening in which glass is utilized which is located within forty (40) inches of the locking device on a door. 7/92 ° 17.04.080(Sec 4109)--17.04.085(Sec 5110) Huntington Beach Municipal Code "(c) Locking devices. Locking devices which cannot be disassembled or disengaged when subjected to the tests prescribed in this chapter shall be provided on all sliding glass windows. Sliding glass panels shall not be easily opened or removed from the window frame during or after the tests. "(d) All windows which are designed to be opened shall be provided with locking devices as required by this section to make the building as secure as possible. "Section 4110. Other openings. (a) General . Openings other than doors and windows which are utilized in dwelling units or portions of buildings the bottoms of which are less than sixteen (16) feet above a surface available for use by the public, shall be constructed as set forth in this section. (2976-12/88) "(b) Hatchways, scuttles and similar openings. (1 ) Solid wooden hatchways less than one and three—fourths (1 3/4") inches thick shall be covered on the inside with sixteen (16) gauge sheet metal attached with screws at six (6) inch maximum centers around the perimeter, ' shall be secured from the inside with a slide bar, slide bolts, and/or padlock with hardened steel shackle, and non—removable pins shall be used in all outside pin—type hinges. 11(2) All other openings in excess of ninety—six (96") square inches with a dimension in excess of eight (8") inches shall be secured by metal bars, screens, or grills in an approved manner. "Section 4111 . Garages--Multiple dwellings . Whenever a development includes three (3) or more dwelling units, all covered parking required by other provisions of the Huntington Beach Ordinance Code shall be provided by fully—enclosed garages. Garage space for each tenant shall be separated by partitions of three=eighths (3/8") inch plywood or any -approved equivalent with studs set not more than twenty—four (24") inches apart on one side. Doors and windows in such garages shall be constructed, equipped and secured as required by this chapter. " (2027-1/76, 2431-7/80, 2456-11/80, 2747-2/85, 2787-9/85, 3022-12/89) 17.04.085 Methane District Regulations. The Uniform building Code is hereby amended by adding thereto new Chapter 55 entitled "Metha•ne District Regulations" to read as follows: (3004-8/89, 3022-12/89) "Section 5501 Purpose. This Division sets forth the minimum requirements of the City of Huntington Beach for. new building construction in the defined methane overlay districts. It is also the purpose of this chapter to reduce the hazards presented from accumulations of methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane overlay districts. 7/92 Huntington Beach .Municipal Code 17 .04.085(Sec 5502)--17.04.085(Sec 5503) "Section 5502 Definitions . For the purposes of this division, the following f definitions shall also be applied. A. "FLAMMABLE GAS shall mean any gaseous substance capable of sustaining combustion or explosion. B. "GAS DETECTION SYSTEM shall mean one or more electrical devices capable of continuous monitoring for the presence of flammable gasses and containing an audible alarm capable of alerting occupants that a hazardous atmosphere exists. A part of the system shall be subject to building the system and all devices which are department and fire department approval. C-. "METHANE GAS shall mean the hydrocarbon substance commonly known as "natural gas , " chemical formula CH4. For the purposes of definition in this chapter, natural gas from the distribution system of a utility company is exempted and excluded from the scope of the application of the provisions of this chapter. D. "METHANE GAS OVERLAY DISTRICT shall mean those districts within the City of Huntington Beach as defined in Section 5503. E. "QUALIFIED ENGINEER shall mean a civil engineer currently registered in the State of California and possessing experience in the design of subsurface gas control systems . F. "VENT SYSTEM shall mean a system or device which gathers or collects flammable gasses and releases these gasses in a specified manner and location. "Section 5503 Overlay Districts. Boundaries of the districts set forth herein are measured from centerline to centerline of indicated streets unless otherwise described, and are graphically depicted by the copy of the map designated "Methane Overlay Districts," which is on file with the Department of Community Development and the Fire Department. "The Methane District boundaries are as follows . Note that the direct ions of north, south, east, west, and similar directions are general in nature only. "District One: Saybrook Lane south from Edinger Avenue to Davenport Drive to Algonquin Street, south on Algonquin Street to Warner Avenue, east on Warner Avenue to Bolsa Chica Street, north on Bolsa Chica Street to Edinger Avenue, west on Edinger Avenue to Saybrook Lane. "District Two: All land on both sides of Pacific Coast Highway northwest from the City Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs, then following the City Boundary northeast to Edwards Street, Edwards Street north to Slater Avenue, Slater Avenue east to Gothard Street, Gothard Street south to Ellis Avenue, Ellis Avenue east to Newland Street, Newland Street south to Adams Avenue, Adams Avenue east to the City Boundary at the Santa Ana River, City Boundary south along the Santa Ana River to Pacific Coast Highway. 7/92 17.04.085(Sec 5504)--17.04.085(Sec 5510) Huntington Beach Municipal Code "Section 5504 Plan Required. All proposed subdivisions, divisions of land, developments of property, and new buildings within the methane overlay districts shall be reviewed by the Fire Department. The Fire Chief may require a plan for �the testing of site soils for the presence of methane gas. Such plan shall be subject to the approval of the Fire Department, and may include, but shall not be limited to, hammer probes, pneumatically driven probes , and core hole samples with monitoring for the presence of methane gas. The Fire Chief may require other actions as deemed necessary to insure the safety of the development or building site: "Section 5505 Testing Required. Testing for the presence of methane gas shall be required to be carried out in accordance with the approved plan. Results of such testing shall be submitted to the Fire Department for review and analysis . "Section 5506 Mitigation Required. Anomalously high levels of methane gas in the near surface or subsurface soil layers may require mitigation before any grading, development, or building construction is allowed to take place. Such mitigation may include, but is not limited to, the venting of abandoned oil wells, underground gathering and collection systems for gasses, vent systems, and flared vent systems . Other systems, devices, or components. may be required as deemed necessary by the Fire Chief in order to insure the safety of the development and buildings. "If the mitigation measure do not reduce the soil concentrations of methane to an acceptable level , or if other contaminants are present in the methane at a level which poses a threat to health and safety, further development may be halted until such time as .the site is rendered safe from these hazards. "Section 5507 Isolation Barriers Required. New buildings which fall under the provisions and requirements of this article may require the installation of a continuous, flexible, permanent, and non-permeable barrier, and shall be a type approved by the Department of Community Development and the Fire j Department. . "Section 5508 Access. All methane gas mitigation systems required by this article shall be made accessible to city personnel for the purposes of monitoring., maintenance, and evaluation for effectiveness. "Section 5509 Areas Outside of Established Methane Overlay District Boundaries. Upon the determination of the Fire Department, that hazard may exist from methane intrusion at a geographical 1-ocation or area outside the boundaries established in Section 5503 above, the Fire Department may enforce any or all of the provisions of this article as deemed necessary by the Fire Chief to preclude potential hazards from fire or explosion from methane gas accumulations. "Section 5510 Additional Remedial Measures. If the concentration of flammable gas in any building in the City reaches or exceeds twenty-five percent (25%) of the minimum concentration which form an ignitable mixture with air at ambient temperature and pressure, the owner of such building shall hire a qualified engineer to investigate, recommend, and implement mitigating measures. Such measures shall be subject to the approval of the Department of Community Development and the Fire Department." f 7/92 Huntington Beach Municipal Code 17.04.090--17.04. 110 17.04.090 Amendments to appendices. The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1 , 10, 12, 23-Div. I , 23-Div. II , 24, 25, 26, 31 , 35, 38, 51 , 53 and 57. (2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.04.095 Appendix Chapter 32, Section 3212 (b). Subsection (b) entitled Asphalt Shingle Application - is hereby amended to allow only one (1 ) overlay of asphalt shingle over any existing roofing system unless structural calculations are submitted to justify the additional weight. (3147-7/92) 17.04.100 Stockpile. "STOCKPILE" shall be defined as earth material in excess of fifty (50) cubic yards stored for a temporary period of time upon a lot not in compliance with the grading provisions of this chapter. (2875-9/86) 17.04.110 Appendix Chapter 70, section 7006(h) . Subsection (h) is hereby added to section 7006 of Appendix Chapter 40 to read as follows: "Section 7006(h) Temporary Stockpile Permit. The City may issue a permit to stockpile soil on a lot or parcel upon the submission of an application for a temporary stockpile grading permit by the owner of such lot or his authorized agent. A site plan of the lot showing the area in which the stockpile is to be placed and the approximate amount of soil to be stockpiled shall be required. "Soil so stockpiled shall not be disturbed or leveled until a regular grading permit has been obtained for such work. The placement of the stockpile shall not adversely affect the safety, use, or stability of any structure, nor create a nuisance because of dust or erosion therefrom, nor block a public way or drainage course; nor shall such placement of stockpile material constitute a hazard to public welfare or endanger property. Stockpiling in a residential zone may be permitted under this section for purposes of providing fill material to be used on-site only. Stockpiling in residential zones for purposes of selling of material shall be prohibited. "The temporary permit shall expire one (1 ) year after issuance thereof. A new permit shall be required annually. "Stockpile Permit Fee. The permit fee for stockpiling shall be established by resolution of the City Council ." (2875-9/86, 3022-12/89) 7/92 Huntington Beach Municipal Code 17 .08.010--17.08.030 Chapter 17.08 HOUSING CODE (1424-7/68, 1627-2/71 , 2431-7/80, 2747-2/85 2976-12/88, 3022-12/89, 3035-3/90, 3147-7/92) Sections: 17.08.010 Title 17.08.020 Adoption 17 .08.030 Repealed - 3022-12/89 17.08.040 Repealed - 3035-3/90 17.08.010 Title. This Uniform Housing Code shall be known as and referred to as the "Huntington Beach Housing Code. " (1935-11 /74, 2431-7/80, 2474-2/85, 3022-12/89) 17.08.020 Adoption. There is adopted by the City Council by reference that certain code known as the Uniform Housing Code, 1991 edition, and the whole thereof. The purpose of such code is to arrest, remedy and prevent the decay and deterioration of places of habitation and to eliminate slums and blighted neighborhoods by providing minimum requirements for places of habitation for the protection of life, health, welfare, safety and property of the general public and of the owners and occupants of places of habitation in the City; and to provide penalties for the violation thereof, and repealing all ordinances and parts of ordinances in conflict herewith. Such code is adopted and incorporated as fully as though set out at length herein, as provided by California Government Code sections 50022.2 et seq. , and Health and Safety Code Section 18941 .5'. From the date on which this chapter takes effect, the provisions of said code together with amendments thereto shall be controlling within the corporate limits of the city of Huntington Beach . (1424-7/68, 1627-2/71 , 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) 7/92 Huntington Beach Municipal Code 17. 12.010--17. 12.030 Chapter 17. 12 DANGEROUS BUILDINGS CODE (1332-7/66, 1629-2/71 , 1883-1 /74, 2149=2/77, 2431-7/80, 2747=2/85, 2976-12/88, 3022-12/89, 3147-7/92) Sections: 17. 12.010 Adoption 17. 12.020 Section 402 amended--Recordation of notice and order 17.12.030 Application--Redevelopment project area 17.12.010 Adoption There is hereby adopted by the City Council by reference that certain code known as the Uniform Code for the Abatement of Dangerous Buildings , 1991 edition, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, for the purpose of providing a just, equitable and practicable method, to be cumulative and in addition to any other remedy provided by the Uniform Building Code, 1991 edition, or Uniform Housing Code, 1991 edition, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals , property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished; providing penalties for the violation-.of such code, and repealing all ordinances and parts of ordinances in conflict therewith, and the same is hereby adopted and incorporated as fully as though set out at length herein, as provided by California Government Code sections 50022.2 et seq. , and Health and Safety Code Section 18941 .5. From the date on which this chapter takes effect, the provisions of said code together with amendments thereto shall be controlling within the corporate limits of the city of Huntington Beach. (1332-7/66, 1629-2/71 , 1883-1 /74, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.12.020 Section 402 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: "Section 402. At the time notice and order is served, the building official may file in the office of the county recorder a certificate describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed, or the notice and order reversed or modified by the appeals board upon appeal , or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall forthwith file a new certificate with the county recorder that the building has been demolished or removed, or is no longer dangerous. " (1883-1 /74, 2431-7/80, 2747-2/85) 17 12 030 Application--Redevelopment project areas. The provisions of this chapter shall apply to all buildings , as herein defined, which are now in existence or which may hereafter be constructed in the City; provided, however, that if the Council has designated an area as a Redevelopment Project Area and the Council has included, as a part of the redevelopment plan for such area, standards which include the Uniform Code for the Abatement of Dangerous Buildings , then the provisions of such code shall apply as set forth in the redevelopment plan. Provided, further, the provisions of the Uniform 7/92 I Huntington Beach Municipal Code 17.12.030 Code for the Abatement of Dangerous Buildings shall apply in the manner set forth in such code even in the redevelopment area wherever there exists, in the opinion of the building official , conditions which constitute a fire hazard or an active or immediate hazard to the life, limb, health, morals, property, safety or general welfare of the occupant or of the public. (2149-2/77, 2431-7/80, 2747-2/85) 7/92 Huntington Beach Municipal Code 17.46.010--17.46. Chapter 17.46 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE (3147-7/92) Sections- 17.46.010 Adoption 17.46.020 Definitions 17.46.030 Waste Water Disposal 17.46.040 Equipment Foundation 17.46.050 Pool Enclosures and Barriers 17.46.060 Construction Requirements 17.46.070 Authority to Abate 17.46.080 Installation of Gas Piping 17.46.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Swimming Pool , Spa and Hot Tub Code, compiled by the International Association of Plumbing and Mechanical Officials , being particularly the 1991 edition thereof and the whole thereof, excluding Part 1 , "Administration". Such code, and amendments thereto, is hereby adopted and incorporated pursuant to California Government Code Sections 50022.2 et seq.. , and Health and Safety Code Section 18941 .5 as fully as though set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of swimming pool , spa and hot tub systems; by requiring a permit and inspection for installation, alteration and replacement of said systems. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. One copy of the Uniform Swimming Pool , Spa and Hot Tub Code ("USPSHTC") has been deposited in the Office of the City Clerk. (3147-7/92) 17.46.020 Definitions. Section 102 of the USPSHTC is hereby amended by adding or modifying the following definitions: (3147-7/92) Barrier - A fence, wall , building wall or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool . (3147-7/92) Grade - The underlying surface such as earth or a walking surface. (3147-7/92) Nuisance - Nuisance shall include but not be limited to the following: (3147-7/92) 1 . Any public nuisance known at common law or in equity jurisprudence. (3147-7/92) 2. Whatever is dangerous to human life or is detrimental to health. (3147-7/92) Portable - A non-permanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord connected (not permanently electrically wired) . (3147-7/92) 7/92 17.46.020--17.46.050(a)(2) Huntington Beach Municipal Code Swimming Pool - A swimming pool is any body of water having a depth exceeding eighteen (18) inches at any point, constructed, fabricated or installed for swimming, bathing or wading purposes. This includes in-ground, above-ground and on-grade pools , spas and hot tubs. (3147-7/92) 17.46.030 Waste Water Disposal . Section 310 is hereby amended to read as follows: (3147-7/92) (a) Swimming pool waste shall be disposed of as hereinafter set forth in this Section and the type of disposal shall be approved by the administrative authority prior to the commencement of any work. A means of disposal of the total contents of the pool (periodic emptying) without surface run-off shall be established to the satisfaction of the administrative authority. (3147-7/92) (b) No direct or indirect connection shall be made between any storm drain, sewer, drainage system, seepage pit, underground leaching pit, or sub-soil drainage line, and any line connected to a swimming pool . (3147-7/92) (c) All waste water from a swimming pool shall be disposed of through a public sewer, a minimum of three (3) inch P trap shall be required. The tail piece from the trap shall extend a minimum of three (3) inches above finished grade and below finished floor grade. Traps need not be vented when located on the exterior of the building. The connection between the filter waste discharge piping and the P trap shall be made by means of an air gap. EXCEPTION: Spas and hot tubs under 750 gallons shall not be required to discharge into a trap. (3147-7/92) 17.46.040 Equipment Foundations and Enclosures. Subsection (a) of Section 315 is hereby amended to read as follows: (3147-7/92) (a) All mechanical equipment shall be set on a concrete base or slab, capable to supporting all the equipment placed upon it, a minimum of two (2) inches above surrounding grade. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. All enclosed rooms shall be adequately ventilated. (3147-7/92) 17.46.050 Pool Enclosures and Barriers. Section 320 is hereby added to read as follows : (3147-7/92) (a) Any swimming pool , hot tub, spa or similar outdoor body of water intended for swimming or recreational bathing, 18 inches or more in depth, shall contain an enclosure or barrier to conform to the following requirements: (3147-7/92) 1 . The top of the barrier shall be at least sixty (60) inches above grade measured on the side of the barrier which faces away from the swimming pool . (3147-7/92) 2. Openings in the barrier shall not allow passage of a four (4) inch diameter sphere. Shrubs, trees , or landscape materials cannot be considered as part of the barrier. (3147-7/92) 7/92 , Huntington Beach Municipal Code 17.46.010--17.46. Chapter 17.46 UNIFORM SWIMMING POOL SPA AND HOT TUB CODE (3147-7/92) Sections: 17.46.010 Adoption 17.46.020 Definitions 17.46.030 Waste Water Disposal 17.46.040 Equipment Foundation 17.46.050 Pool Enclosures and Barriers 17.46.060 Construction Requirements 17.46.070 Authority to Abate 17.46.080 Installation of Gas Piping 17.46.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Swimming Pool , Spa and Hot Tub Code, compiled by the International Association of Plumbing and Mechanical Officials, being particularly the 1991 edition thereof and the whole thereof, excluding Part 1 , "Administration" . Such code, and amendments thereto, is hereby adopted and incorporated pursuant to California Government Code Sections 50022.2 et seg. , and Health and Safety Code Section 18941 .5 as fully as though set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of swimming pool , spa and hot tub systems; by requiring a permit and inspection for installation, alteration and replacement of said systems. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. One copy of the Uniform Swimming Pool , Spa and Hot Tub Code ("USPSHTC") has been deposited in the Office of the City Clerk. (3147-7/92) 17.46.020 Definitions. Section 102 of the USPSHTC is hereby amended by adding or modifying the following definitions: (3147-7/92) Barrier - A fence, wall , building wall or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool . (3147-7/92) Grade - The underlying surface such as earth or a walking surface. (3147-7/92) Nuisance - Nuisance shall include but not be limited to the following: (3147-7/92) 1 . Any public nuisance known at common law or in equity jurisprudence. (3147-7/92) 2. Whatever is dangerous to human life or is detrimental to health. (3147-7/92) Portable - A non-permanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord connected (not permanently electrically wired) . (3147-7/92) 7/92 17.46.020--17.46.050(a)(2) Huntington Beach Municipal Code Swimming Pool - A swimming pool is any body of water having a depth exceeding eighteen (18) inches at any point, constructed, fabricated or installed for swimming, bathing or wading purposes . This includes in-ground, above-ground and on-grade pools, spas and hot tubs. (3147-7/92) 17.46.030 Waste Water Disposal . Section 310 is hereby amended to read as follows: (3147-7/92) (a) Swimming pool waste shall be disposed of as hereinafter set forth in this Section and the type of disposal shall be approved by the administrative authority prior to the commencement of any work. A means of disposal of the total contents of the pool (periodic emptying) without surface run-off shall be established to the satisfaction of the administrative authority. (3147-7/92) (b) No direct or indirect connection shall be made between any storm drain, sewer, drainage system, seepage pit, underground leaching pit, or sub-soil drainage line, and any line connected to a swimming pool . (3147-7/92) (c) All waste water from a swimming pool shall be disposed of through a public sewer, a minimum of three (3) inch P trap shall be required. The tail piece from the trap shall extend a minimum of three (3) inches above finished grade and below finished floor grade. Traps need not be vented when located on the exterior of the building. The connection between the filter waste discharge piping and the P trap shall be made by means of an air gap. EXCEPTION: Spas and hot tubs under 750 gallons shall not be required to discharge into a trap. (3147-7/92) 17.46.040 Equipment Foundations and Enclosures. Subsection (a) of Section 315 is hereby amended to read as follows: (3147-7/92) (a) All mechanical equipment shall be set on a concrete base or slab, capable to supporting all the equipment placed upon it, a minimum of two (2) inches above surrounding grade. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. All enclosed rooms shall be adequately ventilated. (3147-7/92) 17.46.050 Pool Enclosures and Barriers. Section 320 is hereby added to read as follows : (3147-7/92) (a) Any swimming pool , hot tub, spa or similar outdoor body of water intended for swimming or recreational bathing, 18 inches or more in depth, shall contain an enclosure or barrier to conform to the following requirements: (3147-7/92) 1 . The top of the barrier shall be at least sixty (60) inches above grade measured on the side of the barrier which faces away from the swimming pool . (3147-7/92) 2. Openings in the barrier shall not allow passage of a four (4) inch diameter sphere. Shrubs, trees, or landscape materials cannot be considered as part of the barrier. (3147-7/92) 7/92 Huntington Beach Municipal Code 17.46.050(a)(3)--17.46.070(a) 3. Solid barriers, such as masonry or concrete, or stone walls shall not ^ contain indentations , protrusions or plants closer than forty-five (4511) apart vertically, horizontally, or from top of wall , except for tooled masonry joints. (3147-7/92) 4. Any configuration providing ladder-like access allowing illegal entry to the pool area shall be prohibited. Ladder-like access shall mean any method or action such as climbing, crawling, pushing, jumping or other means to gain access to a pool or spa area. (3147-7/92) 5. Where the barrier is composed of horizontal and vertical members, the distance between the tops of the horizontal members shall be forty-five (45") inches or more. Openings between vertical members shall not exceed four (4") inches. (3147-7/92) 6. Maximum mesh size for chain link fences shall be a 1-1 /4 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1-3/4 inches, the wire shall be not less than nine (9) gauge. (3147-7/92) 7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 1-3/4 inches. (3147-7/92) 8. All required pool fence and gate enclosures shall extend to within two (2") inches of firm soil or pavement. All access gates shall be constructed in compliance with all requirements stipulated for pool fences in items 1 through 7 above, and shall be equipped to accommodate a locking device. Access gates shall open outward away from the pool , spa, or hot tub, and shall be self-closing and have a self-latching device. The release mechanism of the self-latching device is to be located not less than sixty (60") inches from the bottom of the gate or adjoining grade. (3147-7/92) 9. The barriers and all self-closing and self-latching devices, required by this section, shall be installed and in proper working order before any water is placed in the pool . (3147-7/92) 10. A dwelling or appurtenant structure may be used as a part of the required enclosure. (3147-7/92) 17.46.060 Construction Requirements. Section 321 is hereby added to read as follows : (3147-7/92) (a) All swimming pool construction shall be in conformance with engineered design for expansive soils, unless a soils report by a registered engineer, approved by the building official , indicates otherwise. (3147-7/92) 17.46.070 Authority to Abate. Section 322 is hereby added to read as follows: (3147-7/92) (a) It shall be unlawful and is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential property in the City to maintain such premises in such a manner that. any of the following conditions are found to exist thereon: (3147-7/92) 7/92 Huntington Beach Municipal Code 17.46.070(a)(1 )--17.46.080(e) 1 . The failure to secure and maintain from public access all doorways , gate access and other openings, with regards to the barrier requirements of this code. (3147-7/92) 2. Uncleanliness of swimming pool water as determined by the Building Official . All swimming pool and spa water shall be maintained in a clear condition which is free of algae, insects, debris and in a sanitary condition. The entire floor of the swimming pool shall be clearly visible. (3147-7/92) (b) Where a nuisance exists, the building official shall require the nuisance or violation to be abated and where necessary, shall seek such abatement in the manner provided by law. (3147-7/92) 17.46.080 Installation of Gas Piping. Subsection (e) of Section 509 is hereby amended to read as follows: (3147-7/92) (e) All earth within the City of Huntington Beach is corrosive, unless the permittee proves to the satisfaction of the Building Official the specific earth is not corrosive to the gas piping and fittings.Steel or galvanized steel shall be protected by at least a half overlap double wrap of a minimum of ten (10) mil . plastic tape (total forty (40) mils . cover) or approved equal . (3147-7/92) i 7/92 Huntington Beach Municipal Code 17.60.010--17.60.040 Chapter 17.60 SOLAR ENERGY CODE (2178-4/77, 2431-7/80, 2787-9/85, 2976-12/88, 3022-12/89, 3147-7/92) Sections: i 17.60.010 Adoption 17.60.020 Title 17.60.030 Repealed--3022-12/89 17.60.040 Repealed--3022-12/89 17.60.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Solar Energy Code, compiled by the International Association of Plumbing and Mechanical Officials, being particularly the 1991 edition thereof and the whole thereof, excluding Part 1 , "Administration" . Such code, and amendments thereto, is hereby adopted and incorporated pursuant to California Government Code sections 50022.2 et seq. , and Health and Safety Code Section 18941 .5 as fully as though set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of solar energy systems; by requiring a permit and inspection for installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the city of Huntington Beach. (2178-4/77, 2431-7/80, 2787-9/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.60.020 Title. This chapter shall be known as the "Huntington Beach Solar Energy Code," may be cited as such and will be referred to herein as "this code. " (2178-4/77, 2431-7/80, 3022-12/89) 7/92 Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional C1 Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial MI-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 7/92 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/61,, 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92) 7/92 CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 7/1/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 17.40 Chapter 17.40 17.40.010--17.40.020 Chapter 17.40 MECHANICAL COD (1408-5/68, 1628-2/71 , 1938-10/74, 2172-3/77, 2235-12/77, 2282-5/78, 2337-1/79, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89) Sections: 17.40.010 Adoption 17.40.020 Title 17.40.010 Adoption. There is hereby adopted by the City Council of the city of Huntington Beach that certain code known as the Uniform Mechanical Code, 1988 edition, and the whole thereof, including appendices but excluding chapters 1 through 3 thereof, compiled by the International Association of Plumbing and Mechanical Officials, and International Conference of Building Officials. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. , as fully as though set forth at length herein, for the purpose of protecting public health and safety by prescribing by minimum standards for the use, design and installation of heating, ventilating, comfort-cooling equipment and refrigeration systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment, by providing for the administration and enforcement of such requirements; and prescribing penalties for violations thereof. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the city of Huntington Beach. (1938-10/74, 2172-3/77, 2431-7/80, 2747-6/85, 2976-12/88, 3022-12/89) 17.40.020 Title. This chapter shall be known as the "Huntington Beach Mechanical Code," may be cited as such, and will be referred to herein as "this code." (1408-5/68, 1628-2/71 , 1938-10/74, 2431-7/80, 2747-6/85) 12/89 CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 7/1/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 17.40 Chapter 17.40 Huntington Beach Municipal Code 17.40.010--17.40.020 Chapter 17.40 MECHANICAL CODE (1408-5/68, 1628-2/71 , 1938-10/74, 2172-3/77, 2235-12/77, 2282-5/78, 2337-1/79, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) Sections: 17.40.010 Adoption 17.40.020 Title 17.40.030 Amendment to Appendices 17.40.040 Exception to Section 2003(a) amended 17.40.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Mechanical Code, 1991 edition, and the whole thereof, including appendices except as hereinafter provided but excluding chapters 1 through 3 thereof, compiled by the International Association of Plumbing and Mechanical Officials, and International Conference of Building Officials. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. , and Health and Safety Code Section 18941 .5, as fully as though set forth at length herein, for the purpose of protecting public health and safety by prescribing by minimum standards for the use, design and installation of heating, ventilating, comfort-cooling equipment and refrigeration systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (1938-10/74, 2172-3/77, 2431-7/80, 2747-6/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.40.020 Title. This chapter shall be known as the "Huntington Beach Mechanical Code," may be cited as such, and will be referred to herein as "this code. " (1408-5/68, 1628-2/71 , 1938-10/74, 2431-7/80, 2747-6/85) 17.40.030 Amendments to appendices. The Uniform Mechanical Code is hereby amended by deleting from the appendices Section 2124 of Chapter 21 and Chapter 24 in whole titled "Process Piping. " (3147-7/92) 17.40.040 Exception. Subsection 2003(a) is hereby amended by adding the following exception: A hood will not be required where the only warming appliance in the business establishment is an enclosed electric convection oven having a capability of reaching a maximum of 3500 F temperature and not over four (4) cubic feet in size and listed by an approved testing agency. (3147-7/92) 7/92 City Clerk' s Office ------------(FC)--( 2 )------------ Evelyn Counter CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 7/1/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 906 Article 906 Article 908 Article 908 Article 911 Article 911 1 V�. C/� Huntington Beach Ordinance Code 9060 3/y� 3 Article 906 3) 5 DISTRICTS 3155 (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 3 ) 5 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , � 7 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 3/ S 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , f5 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92) � 0 Sections,_ '-4, 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 5/92 i 1 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/61,, 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , r 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92) i 5/92 o t t ' , 11-14 Article 908 315 DEFINITIONS (495-6/46, 556-2/50, 596-5/53, 1103-1 /65, 1241-9/66, 1261-11 /66, 1366-1 /68, 1469-3/69, 1566-5/70, 1672-10/71 , 1673-12/71 , 1752-10/72, 1753-7/72, 1769-9/72, 1799-1 /73, 1852-7/73, 1928-9/74, 2115-11 /76, 2127-12/76, 2217-10/77, 2221-11 /77, 2273-5/78, 2340-2/79, 2429-6/80, 2487-6/81 , 2539-3/82, 2588-1 /83, 2618-6/83, 2632-8/83, 2772-7/85, 2773-7/85, 2780-9/85, 2936-4/86, 2941-7/88, 2836-6/86, 2957-9/88, 3024-12/89, 3108-7/91 ) Sections: 9080 Definitions A Accessory building nt Accessory use Adult business Alley Animal clinic Antenna, satellite dish Apartment Architectural projections or Appurtenances Arterial Attached units -, Auction Automobile/vehicle repair Automobile storage or parking space -� Automobile storage yard Automobile wrecking B Basement Bed and Breakfast Inn Bedroom Block Boarding or rooming house Building Building height Building, site Building, main Business or commerce C Child day care facility Carport Church City Clinic Club Commercial recreation use Commercial vehicle Commission Compensation Community apartment project Condominium Convenience Market D Density bonus Director Disposal service operation District 7/91 Dry cleaning agency Dwelling Dwelling, multiple unit Dwelling, single unit Dwelling, Second Unit Dwelling, Studio Unit Dwelling unit E Educational institution Erected Equestrian Equine F Family Fast Food Restaurant Final approval f Final environmental evaluation G Game arcade Garage, private General plan Grade Gross acreage Gross floor area Gross site area H Health club Hedge Home occupation Horticulture Hospital Hostel �— Hotel f I Industrial use J Junk, wrecking, dismantling or salvage yards K Kennel Kitchen L Landscaping Laundry Line of sight Liquor store Living Unit Loading space Local street Lot Lot area Lot depth Lot frontage Lot line Lot line, front Lot line, interior Lot line, rear Lot, reverse corner Lot, through Lot, Width M Mobilehome/manufactured home Mobilehome accessory structure Mobilehome lot or space '. Mobilehome park Model Home ° 7/91 Motel Motor vehicle Maximum wind energy conversion system height N Net site area Nonconforming building Nonconforming parcel Nonconforming use Nontransferable conditional use permit 0 Occupancy, change of Occupied Open or public land Open space Oversize vehicles Overspeed control P Parking structure Person Personal Enrichment Services Permanent open space Place of public assembly Planned residential development Private street R Recreational vehicle park Recreational vehicle Recreation space Rental unit Residence Restaurant Retail store (� Retaining wall S Senior citizen housing Service station Service station, idle School Setback line, front yard Setback line, side or rear yard Single Room Occupancy (SRO) Site Site coverage Site plan Stable, commercial Stock cooperative Story Street Street line Structure Structural alteration Structure, temporary T Temporary outdoor event U Ultimate right—of—way Use W Wall or fence Warehouse Waterfront lot Wet bar Wholesale use Wind energy-conversion system 7/91 9080--Attached Units ` Y Yard Yard, front Yard, rear Yard, side Z Zone Zoning district maps 9080 Definitions. Words and. phrases wherever used in this division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender. The word "shall " is always mandatory and the word "may" is permissive. (2836-6/86) A. Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (2836-6/86) Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (2836-6/86) Adult business. A business as defined in Article 975. (2836-6/86) Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (2836-6/86) Animal clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Kennel uses shall be incidental to such hospital use and limited to short-time boarding for medical purposes. (2836-6/86) Antenna, satellite dish. An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. (2836-6/86) Apartment. A room or suite of two (2) or more rooms in a multiple family dwelling occupied or suitable as a residence for one (1 ) family. (2386-6/86) Architectural projections or appurtenances. Features on buildings which provide visual variation and/or relief but do not serve as interior or exterior living or working space. (3024-12/89) Arterial . Any street, highway or road designed as an arterial in the general plan circulation element. (2836-6/86) Attached units. Separate residential or commercial units sharing one or more common walls but with no common interior space. (2836-6/86) 7/91 Auction--Bedroom Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (2836-6/86) Automobile/vehicle repair. A retail and service business engaged in the following activities : (3024-12/89) (a) Minor repair. Light repair and sale of goods and services for vehicles including brake, muffler, tire shops, oil and lube and their accessory uses, but not including any of the activities listed below as major repair. (3024-12/89) (b) Major repair: Heavy automotive/vehicle repair including but not 1 p Y p 9 limited to transmission, battery, radiator, and engine repair or overhaul ; welding; turning brake drums; steam cleaning, body and fender work; painting; and upholstery. (2836-6/86, 3024-12/89) Automobile storage space or parking space- A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power. Such space shall be exclusive of driveways , walks, ramps and columns . (2836-6/86) Automobile storage yard. A storage yard for motor vehicles whether impounded or not on any- portion of a lot. This definition shall not include any dismantling, wrecking or repair of any vehicle. (2836-6/86) Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60) days . (2836-6/86) B. Basement. A story partly underground and having at least one-half its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. (2836-6/86) Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period. Bed and Breakfast Inn does not include rest homes , convalescent homes, hotels , motels or boarding houses. (2957-9/88) Bedroom. Any room which meets the minimum requirements of the building code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other requirements . Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities . (2836-6/86) 7/91 Block--Child day care facility(b) Block. The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross street. (2836-6/86) Boarding or rooming house. A building where lodging and meals are provided for a minimum of six (6) , but not more than fifteen (15) persons , not including rest homes. (2836-6/86) Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals , chattels, or property of any kind. (2836-6/86) Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. For the Single Family Residential District only, the highest point of any roof shall not be more than five feet above the maximum permitted height. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (1 ) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than four (4) feet above the lowest grade. (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1 ) above is more than four (4) feet above lowest grade. (2846-8/86, 28364/86) Building site. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (2836-6/86) Building, main. A building in which the principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (2836-6/86) Business or commerce. The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or management of offices, recreational or amusement enterprises; or the maintenance and use of office by professions and service trades. (2836-6/86) Child daycare facility. A facility which provides nonmedical care to children under eighteen (18) years of age in need of supervision on less than twenty-four (24) hour basis. Child day care facilities include: (3024-12/89) (a) Small Family Day Care Home. A single family residence in which care is provided to six (6) or fewer children. (3024-12/89) (b) Large Family Day Care Home. A single family residence in which care is provided to seven (7) to twelve (12) children. (3024-12/89) 7/91 ° Child day care facility(c)--Convenience market (c) Day Care Center. Any child day care facility other than family day care home and includes infant centers , preschools , extended day care facilities . (3024-12/89) Carport. A permanent roofed accessory structure with not more than two (2) enclosed sides which is intended for automobile storage for the j occupants of the premises . (2836-6/86) I Church. A permanently located building commonly used for religious worship and conforming to applicable requirements for design and construction. (2836-6/86) City. The city of Huntington Beach, California. (2836-6/86) Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight. (2836-6/86) Club. A nonprofit association for persons who are bona fide members, and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (2836-6/86) Commercial recreation use. Any recreational facility operated as a business and open to the general public. (2836-6/86) Commercial vehicle. Any motorized or non-motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (2836-6/86) Commission. The Huntington Beach Planning Commission. (2836-6/86) Compensation. The word "compensation" means anything of value. (2836-6/86) Community apartment project. A project in which an individual interest in the land is coupled with the right exclusively to occupy an individual unit. (2836-6/86) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential , commercial , or industrial building on such real property, such as an apartment, office or store. A condominium may include a separate interest in other portions of such real property. The duration of the estate may be an estate of inheritance or perpetual estate, -an estate for life, or an estate for years such as a leasehold or subleasehold. (2836-6/86) Convenience market. A retail use in conjunction with gasoline sales in which the sales room exceeds two-hundred (200) square feet. (3024-12/89) 7/91 i Density Bonus--Erected D. Density bonus. A density increase over the otherwise maximum residential density allowable by the zoning code and general plan. A density bonus may be processed only for a housing development on a lot which is allowed five (5) or more dwelling units prior to a density bonus . (3024-12/89) Director. The Director of Community Development for the city of Huntington Beach or a duly authorized representative. (2836-6/86) Disposal service operation. Any area for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (2836-6/86) District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (2836-6/86) Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service and which uses nonvolatile materials. (2836-6/86) Dwelling. A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings, but not including hotels or boarding houses. (2836-6/86, 3024-12/89) Dwelling, multiple unit. A building or buildings designed with two (2) or more dwelling units. (2836-6/86, 3024-12/89) Dwelling, single unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate 'unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. (2836-6/86, 3024-12/89) Dwelling, second unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the R1 zone. (3024-12/89) Dwelling, studio unit. A dwelling unit consisting of one (1 ) kitchen, one (1 ) bathroom, and one (1 ) combination living room and sleeping room. The gross floor area shall not exceed 500 square feet or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. (3024-12/89) Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. (3024-12/89) E. Educational institution. Any school , college or university providing general instruction as determined by the California State Board of Education. (2836-6/86) Erected. The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior to building. (2836-6/86) 7/91 Equestrian--Gross floor area --�. Equestrian. That which pertains to horses or horseback riders. (2836-6/86) Equine. A horse, mule, pony, jackass , and other quadripeds of the genus equus . (2836-6/86) F. Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond of social , economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel , -lodging house, motel , rehabilitation center, rest home or sorority. (2836-6/86) Fast—food restaurant. Any commercial establishment serving food or drinks which encourages consumption at home or on other premises. (2836-6/86) Final approval . Ten (10) days after approval by the discretionary body and no appeal of that decision has been filed. (3024-12/89) Final environmental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows: Exempt projects: Date of application acceptance. Negative declaration: Expiration date of the required posting period. Environmental impact report: The date when public hearings on .the project are concluded. (2836-6/86) G. Game arcade. Any place of business with more than four (4) commercially—operated amusement devices. (2836-6/86) Garage, private. An accessory building or a portion of a main building used for the storage of self—propelled vehicles of not more than one—ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (2836-6/86) General plan. The general plan map and text for Huntington Beach adopted by the City Council . 2836-6/86) Grade. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project by this code, includes natural grade. (3024-12/89) Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets. (2836-6/86) Gross floor area. The total area of each floor within the building , exterior walls . (3024-12/89) 7/91 Gross site area--Line of sight Gross site area. The area computed within the lot lines of a parcel of land before public streets , easements , or other areas to be dedicated or reserved for public use have been deducted. (2836-6/86) H. Health club. A commercial or private health center providing opportunities for recreational and physical fitness activities such as, but not limited to, handball , racquetball , weight training and dance exercises. (2836-6/86) Hedge. A plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure. (3024-12/89) Home occupation. A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (2836-6/86) Horticulture. The science and art of growing fruits, vegetables , flowers, vines, trees, or field crops for wholesale purposes. (2836-6/86) Hospital . An institution for the diagnosis, care and treatment of human illnesses . (2836-6/86) Hostel . A supervised, inexpensive lodging for use by youth. See Hotel . (3024-12/89) Hotel . A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are six (6) or more guest rooms and in which no provision for cooking is made in any individual suite. (2836-6/86) I . Industrial use. The manufacture, assembly, storage or wholesale distribution of a product. (3024-12/89) J. Junk, wrecking, dismantling or salvage yards. The use of one hundred (100) or more square feet of any parcel of land for outside storage, wrecking or dismantling of any used materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. (2836-6/86) K. Kennel . A use in which four (4) or more dogs or cats over four (4) months of age are kept on any lot for any purpose. (2836-6/86) Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. (2836-6/86) L. Landscaping. The planting and continued maintenance of suitable plant materials and which includes an adequate irrigation system. (2836-6/76) Laundry. A building or portion of a building where clothing and fabrics are washed. (2836-6/86) Line of sight.. A visual path emanating from an average eye level adjudged to be five (5) feet above ground level . (2836-6/86) 7/91 Liquor store--Lot, reverse. . . --� Liquor store. Any establishment in which the primary use is to offer any alcoholic beverage for retail sale for consumption off-premises. ,Living unit. A unit within a Single Room Occupancy suited to accommodate up to two (2) persons. (3108-7/91 ) Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unloading and which has a permanent means of access. (2836-6/86) Local street. A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties . A local street has on-street parking and a significant amount of pedestrian traffic. (2836-6/86) Lot. Any numbered or lettered parcel shown on a recorded tract map, a j record of survey pursuant to an approved division of land, or a parcel j map. A lot includes any area of land under one ownership abutting upon at I least one street, alley or recorded easement. (2836-6/86) i Lot area. See net site area. (2836-6/86) Lot depth. The average-horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (2836-6/86) Lot frontage. The linear length of a lot measured along the property line ,adjacent to a street or easement. Lot line. Any line bounding a lot. "Property line" means the same as "lot line. " (2836-6/86) Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement. (2836-6/86) Lot line, interior. A lot line not abutting a street. (2836-6/86) Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines. (2836-6/86) Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. (2836-6/86) 7/91 Lot, through--Motel Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets . (2836-6/86) Lot width. Lot width shall be calculated as indicated for the following types of lots : (a) Rectangular lot shall be measured along a line equidistant to and twenty (20) feet from the front property line. (b) Cul-de-sac and knuckle lots shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line. (c) Cul-de-sac lots siding on another street, channel , or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front line property line. (2836-6/86) M. Mobilehome/manufactured home. A structure transportable in sections which is a minimum of eight (8) feet in width, forty (40) feet in length, and which when erected is a minimum of three-hundred and twenty (320) square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing I Construction and Safety Act of 1974 (42 U.S.C. sections 5401 et seq.) . Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these provisions. (2836-6/86) Mobilehome accessory structure. A subordinate building located on-a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (2836-6/86) Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (2836-6/86) Mobilehome park. Any area or tract of land where mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental fee paid shall be deemed to include rental for the lot the mobilehome occupies. (2836-6/86) Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision. Such building shall be constructed upon a lot previously designated as a model home site in the approved site plan, and in a subdivision for which a final map will be recorded. (2836-6/86) Motel . A building containing guest rooms designed or used primarily for the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces. A maximum twenty-five (25%) percent of such sleeping units may have kitchens . (2836-6/86) 7/91 Motor vehicle--Open or public land --, Motor vehicle. A self-propelled device used or intended for the transportation of passengers or freight upon streets or highways. (2836-6/86) Maximum wind energy conversion system height. The height of the tower and furthest vertical extension of the rotor measured from grade. (2836-6/86) N. Net site area. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the p.roperty for other than vehicular ingress and egress. (2836-6/86) Nonconforming building_ Any building or structure or portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming parcel . Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nontransferable conditional use permit. A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons . Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender- of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. In such cases , the permit shall be placed in the name of the surviving partners after notifying the Director of Community Development. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (2836-6/86) 0. Occupancy, change of. A discontinuance of an existing use and a substitution of another use of a different kind or class. (2836-6/86) Occupied. Includes used, arranged, converted to, rented, leased, or intended to be occupied. (2836-6/86) Open or public land. Public parks, waterways, school sites, flood or electric line rights-of-way or easements. (2836-6/86) 7/91 , Open space--Recreational vehicle park Open space. Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (2836-6/86) Oversize vehicles. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) feet in width, or seven (7) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks, buses, truck tractors, trailers, campers, and recreational vehicles , as well as any equipment or machinery regardless of size. (2836-6/86) Overspeed control . A mechanism used to limit the speed of blade rotation to within the design constraints of the wind energy conversion system. (2836-6/86) P. Parking structure. A structure used for parking of vehicles where parking spaces , turning ratio, and drive aisles are incorporated within the structure. (3024-12/89) Person. The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture. (2836-6/86) Personal Enrichment Services. Provision of instructional services or facilities, including but not limited to, fine arts, crafts, dance or music studios , driving schools, and business or trade schools except those leading to a degree as defined by the State of California Education Code. (2957-9/88) Permanent open space. The phrase shall include golf courses, park sites , public utility easements, flood control rights-of-way a minimum of one hundred (100) feet in clear width; and for the purposes of establishing dancing, live entertainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200) feet in width. (2836-6/86) Place of public assembly. Any place designed for or used for the gathering of twenty (20) or more persons in one room where such gathering is of a public nature such as an assembly hall , church, auditorium, recreation or dance hall , theater, or amusement enterprise. (2836-6/86) Planned residential development. A residential development, including statutory and non-statutory condominiums, cluster housing, townhouses and community apartments , in which common open space is integrated into the overall development. Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development. (2836-6/86) Private street. A privately owned and maintained roadway used to provide vehicle access to abutting properties. (2836-6/86) R. Recreational vehicle park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes. Exclusive occupancy of any site shall not exceed thirty (30) continuous days, nor one hundred and twenty (120) days in any calendar year. (2836-6/86) 7/91 Recreational vehicle--Setback line, side or rear yard) x. Recreational vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes . (2836-6/86) Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways, tennis and shuffleboard courts , swimming and boating areas, bridle paths, playgrounds and playing fields . (2836-6/86) Rental unit. A room, bath, and kitchen as a separate unit. (2836-6/86) Residence. A building used or intended to be used as a dwelling place for one or more families. (2836-6/86) -, Restaurant. A comprehensive term meaning an eating house providing service to the general public. (2836-6/86) Retail store. A business of selling goods, wares and merchandise directly to the ultimate consumer. (2836-6/86) Retaining wall . A structure designed to protect grade cuts or retain the fill of dirt, sand or other grading material . (3024-12/89) S. Senior citizen housing. Any housing exclusively designed wherein at least one person per unit is over sixty (60) years of age. (3024-12/89) Service station. Any lot or portion of' a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles. Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment) ; sale and service of tires, tubes , batteries; and service of auto accessories. Such service shall_ not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery. (2836-6/86) Service station, idle. Any service station which has not been open for business for at least sixty (60) , eight (8) hour days out of any one hundred and eighty (180) consecutive days. (2836-6/86) School . An institution conducting regular academic instruction at kindergarten , elementary, secondary or college levels, operated by a governmental or nongovernmental organization. (2836-6/86) Setback line, front yard. The line which defines the depth of the required front yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the front yard setback. (2836-6/86) Setback line, side or rear yard. The line which defines the width or depth of the required side or rear yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback. (2836-6/86) r 7/91 Single room occupancy--Structural alteration Single room occupancy (SRO). A building designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3108-7/91 ) Site. Any legally created parcel of land bounded by property lines after dedication. (2836-6/86) Site coverage. The building area of all structures on a site as measured from all exterior building surfaces, including any patio covers , and any balconies and stairways with or without support posts. Architectural features such as bay windows , eaves and fireplaces that do not project more than thirty (30) inches., and decks that do not exceed more than forty-two (42) inches in height are excluded. (2836-6/86) Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. (2386-6/86) Stable, commercial . A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (2836-6/86) Stock cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. (2836-6/86) Story. That portion of a building included between the surface of any floor and the surface of, the floor next above it or the finished under surface of the roof directly above it. (2836-6/86) Street. A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, not including an alley. (2836-6/86) Street line. The boundary line between a street and abutting property. (2836-6/86) Structure. A mobilehome or anything constructed or erected, an edifice or building of any. kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, except swimming pools , patios, walks, tennis courts, and similar paved areas. (2836-6/86) Structural alteration. Any change in or alterations to the structure of a building involving the bearing wall , column, beam or ceiling joists, roof rafters , roof diaphragms , foundations, tiles, retaining walls or similar components . (2836-6/86) 7/91 Structure, temporary--Wind energy conversion system r.. Structure, temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days . Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (2836-6/86) T. Temporary outdoor event. A temporary use of property not" exceeding an aggregate of twenty-one (21 ) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions , sporting events and rabies clinics. Public services which benefit the community such as , but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86) U. Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the Department of Public Works . Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement. (2836-6/86) Use. The purpose for which land or a building is arranged, designed, or intended, or for which it is occupied or maintained. (2836-6/86) W. Wall or fence. Any structure or device forming a physical barrier. This definition shall include wood, concrete, concrete block, brick, stone or other masonry material . (2836-6/86) Warehouse. A building or the use of a building for storage of goods of any type in any area greater than five hundred (500) square feet and where no retail operation is conducted. (2836-6/86) Waterfront lot. Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (2836-6/86) Wet bar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wet bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (2836-6/86) Wholesale Use. A business which stores large stocks of goods and sells them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers , flyers or other media designed to reach the consumer. (3024-12/89) Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine. (2836-6/86) 7/91 Yard--Zoning maps Y. Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely unobstructed, from the ground to the sky. (2836-6/86) Yard, front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by formal action of the City Council pursuant to law or ordinance. (2836-6/86) Yard. rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and R1 zoned property abutting arterial highways. (2941-7/88) Yard. side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (2836-6/86) Z. Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (2836-6/86) Zoning maps. The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (2836-6/86) I 7/91 9110--9110. 1 (c)(4) 2 Article 911 � LOW-DENSITY RESIDENTIAL DISTRICT (R1) (495-6/46, 556-2/50, 731-10/59, 810-1 /61 , 940-1 /63, 961-6/63, 1077-9/64, 1110-2/65, 1120-2/65, 1189-4/66, 1194-5/66, 1212-7/66, 1377-1 /67, 1469-3/69, 1492-5/69, 1512-8/69, 1533-11 /69, 1553-3/70, 1608-11 /70, 1705-2/72, 1754-7/72, 1952-2/75, 1953-2/75, 2110-10/76, 2115-11/76, 2166-3/77, 2373-9/79, 2411-2/80, 2560-7/72, 2580-11 /82, 2680-3/84, 2735-12/84, 2837-7/86, 3055-11 /90, 3090-2/91 ) Sections• 9110 General provisions 9110. 1 Permitted uses 9110.2 Minimum parcel size/frontage 9110.3 Maximum density/intensity 9110.4 Maximum building height 9110.5 Maximum site coverage 9110.6 Setback (front yard) 9110.7 Setback (side yard) 9110.8 Setback (rear yard) 9110.9 Open space 9110. 10 Parking 9110. 11 Miscellaneous requirements 9110 General provisions. The low density residential district (R1 ) is intended to be the most restrictive residential zone in terms of population density and in the requirements for light, air, ventilation, and open space for each individual lot. (2837-8/86) 9110.1 Permitted uses. The following subsections list permitted uses and the approval process for each one: (a) Building permit. Single family dwellings and accessory buildings which are permanently located on a parcel shall be subject to the issuance of a building permit. Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (b) Plan review. Zero side or rear yard setbacks shall be subject to plan review approval by the Director pursuant to Section 9110.8(a) . (c) Conditional use permit. The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: (1 ) Planned residential developments pursuant to Article 915. (2) Building heights between twenty-five (25) and thirty (30) feet, and/or third stories pursuant to Section 9110.4(a) . (3) Unclassified uses pursuant to Article 963. (4) Second unit additions pursuant to Section 9110.3. (2837-8/86) 2/91 9110.2--9110.3(d) 9110.2 Minimum parcel size/frontage. A licensed land surveyor or civil Engineer shall submit calculations showing lot width, depth, and area for any �. new parcel . (a) The minimum lot size shall be six thousand (6,000) square feet. (b) The minimum lot frontage shall be sixty (60) feet; however, the minimum required for cul-de-sac and knuckle lots shall be forty-five (45) feet. Lot frontage shall be calculated as outlined in the Definitions section. (c) Exception for averaging. The minimum lot size may be reduced to five thousand (5,000) square feet and/or the minimum lot frontage may be reduced to fifty (50) feet if the lot is part of up to six (6) contiguous lots under the same ownership at the time of subdivision which, when averaged, meet the minimum lot size and frontage requirements. Provided further that none of the lots in the group shall be used to compute the average for any other group of lots. (d) Exceptions for lots created prior to code. (1 ) An individual lot which does not conform to the minimum lot area or frontage requirement shall be considered a legal building site if it was legally created prior to the effective date of Ordinance 495 (June 5, 1946) and which since that date has not been held in common ownership with any other lot with which it could have been merged. (2) A parcel of land under one ownership consisting of two (2) or more lots with less than five thousand (5,000) square feet each, if legally created prior to the effective date of Ordinance 495 (June 5, 1946) shall be considered a legal building site if the total square footage of the lots is a minimum of five thousand (5,000) square feet and the parcel abuts a dedicated street or vehicular easement. (2837-8/86) 9110.3 Maximum density/intensity. The maximum density shall not exceed one (1 ) dwelling unit per lot. Exception: a second unit may be added to an existing single family residence upon approval of a conditional use permit subject to the following standards : (a) The applicant shall be an owner occupant. (b) The minimum lot size shall be six thousand (6,000) square feet. (c) The second unit shall be attached to the main dwelling in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the second unit shall not be visible from the street in front of the residence. (d) The maximum square footage of the second unit shall be six hundred fifty (650) square feet nor shall it exceed one (1 ) bedroom. 2/91 9110.3(d)-9110.4(a)(4) (e) The second unit shall not be sold separately from the main dwelling. (f) Four (4) total on-site parking spaces (nine (9) by nineteen (19) feet in size) shall be provided, two (2) of which may be unenclosed, uncovered and arranged in tandem with the existing spaces. Unenclosed spaces shall be located on the driveway apron or on a paved area between the driveway and the nearest side property line. Recreational vehicle storage shall not be permitted within any required parking space. (g) The second unit shall comply with all applicable land use regulations of the Huntington Beach Ordinance Code except as specified herein. (h) The park and recreation fee shall be assessed at twenty-five (25) percent of the fee for a single family residence as set by resolution of the City Council . (i ) No separate utility meters shall be permitted for the second unit. (j) The following safety and conservation measures for the new unit shall be implemented: (1 ) Insulation of accessible attic areas to R-19. (2) Weatherstripping of doors and windows. (3) Installation of low flow shower heads and faucets certified by the California energy commission. (4) Installation of approved smoke detectors. (2837-8/86) 9110.4 Maximum building height. Maximum building height shall be as follows: Main dwelling Twenty-five (25) feet and maximum two (2) stories Accessory building Fifteen (15) feet (a) Exception by conditional use permit. A maximum building height of thirty (30) feet and/or three (3) stories may be permitted subject to the approval of a conditional use permit. The Planning Commission shall consider the following guidelines in its decision on such a request: (1 ) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents , or on surrounding property values . (2) The location, site plan and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood. (3) The age and anticipated permanence of buildings on adjacent properties shall be considered. 2/91 9110.4(a)(4)--9110.7(a) (4) The Commission shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood. (2837-8/86) 9110.5 Maximum site coverage. Maximum site coverage shall be fifty (50) percent. Site coverage shall be as outlined in the Definitions article. Exception: the maximum site coverage shall be fifty-five (55) percent for all lots abutting a park, recreation area, school , public waterway, or flood control or public utility right-of-way which is a minimum of one hundred (100) feet in clear width. (2837-8/86) 9110.6 Setback (front yard). The minimum setback from the front property lines for all structures exceeding forty-two (42) inches in height shall be as follows: Dwelling Fifteen (15) feet Front entry garage Twenty-two (22) feet or carport Side entry garage Ten (10) feet Eaves, fireplaces , Eleven (11 ) feet open unroofed stairways and balconies Accessory Buildings Fifty (50) feet or located within rear one-half of lot Detached garages may be located in front one-half of a lot which does not exceed one hundred fifty (150) feet in length (2837-8/86) 9110.7 Setback (side yard). The minimum setback from the side property lines shall be as follows: (a) Interior Side Yard Dwelling, garages and Ten (10) percent of lot width, minimum accessory buildings of three (3) feet, need not exceed five (5) feet Eaves Refer to Uniform Building Code Fireplaces Thirty (30) inches Open unroofed stairways Three (3) feet and balconies Exception for zero Refer to 9110.8(a) lot line 2/91 ° 9110.7(b)--9110.8(a) (b) Exterior Side Yard Dwelling and accessory Twenty (20) percent of lot width, buildings minimum of six (6) feet, need not exceed ten (10) feet Front entry garage Twenty—two (22) feet or carport Eaves Refer to Uniform Building Code Fireplaces Thirty (30) inches Open unroofed stairways Three (3) feet (2837-8/86) and balconies 9110.8 Setback (rear yard). The minimum setback from the rear property lines shall be as follows: Dwelling and open Ten (10) feet except may be reduced to unroofed stairways five (5) feet (including eaves) if rear yard abuts a park, recreation area, school , public waterway, or flood control or public utility right—of—way which is a minimum of one hundred (100) feet in clear width Garage, carport or Five (5) feet if entered directly from open parking space alley Minimum turning radius shall be provided pursuant to Article 960 Accessory buildings Five (5) feet (including eaves) except no setback required if abutting an alley Eaves, fireplaces Six (6) feet Open unroofed balconies Ten (10) feet, except may be reduced to five (5) feet if rear yard abuts a public waterway Unenclosed patio covers Five (5) feet (including eaves) if walls composed of insect screening only, except no setback required if rear yard abuts a public waterway Projecting decks on Refer to Section 9110. 11 (d) waterfront lots (a) Exception for zero lot line. A plan review application may be approved by the Director to permit either a zero side yard setback or a zero rear yard setback (only one zero setback per lot shall be permitted) . The Director shall consider the overall site plan, building materials, and the finish of the wall constructed on the zero setback property line in reviewing such requests, as well as the following requirements: 2/91 9110.8(a)(1 )--9110.9(a)(1 ) (1 ) The lot adjacent to the zero setback side or rear yard shall be held under the same ownership at the time of application and the setback for the adjacent lot shall be either zero or a minimum of ten (10) feet. (2) No portion of the dwelling or any architectural features shall project over the property line. (3) The zero setback shall not be adjacent to a public or private right—of—way. (4) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (5) The wall located at the zero setback property line shall be constructed of maintenance—free, solid decorative masonry for the first floor of the dwelling and of maintenance—free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches for the second story. Decorative construction need not be used on that portion of the wall obscured from view of the adjacent lot by another structure or wall . For a zero side yard setback, the wall shall intersect the rear property line. For a zero rear yard setback, it shall -intersect the side property lines. (6) For parcels designed with one zero side yard setback, the opposite side yard shall be ten (10) feet wide and shall be perpetually maintained free and clear of obstructions other than those specified below: eave encroachment of three (3) feet, swimming pools, normal landscaping, removable patio covers which maintain a minimum setback of five (5) feet from the side property line and/or garden walls and fences which cross said setback provided they are equipped with a gate and are equal in height to the first floor double plate, but not exceeding nine (9) feet. (2837-8/86) 9110.9 Open space. Open space shall be required in accordance with the following provisions except that lots with a minimum forty (40) feet of water frontage shall be exempt from any open space requirement. Open space shall be as outlined in the Definitions Section. (a) Lots created after March 1969. Any lot recorded after the effective date of Ordinance 1469 (March 19, 1969) shall provide behind the front yard setback a minimum open space area of twelve hundred (1 ,200) square feet with no dimension less than twenty—five (25) feet. Required open space may be allocated in conformance with one of the following alternatives when a building, structure or fence over forty—two (42) inches in height provides a physical separation between the front yard setback and the remainder of the lot: (1 ) One (1 ) area of nine hundred (900) square feet, with no dimension less than twenty—five (25) feet, and an additional three hundred (300) square feet in up to two areas with no dimension less than fifteen (15) feet. I 2/91 9110.9(a)(2)=-9110. 1.1 (d) (2) Two (2)` areas of` six hundred .twenty-five (625)= square feet with no dimension less than twenty-five (25) feet. (b) Lots created before March 1969. Any lot recorded after the effective date of Ordinance 49.5 (June 5, 1946) and prior to the effective date of Ordinance 1469 (March 19, 1969) shall provide within the rear two-thirds of the lot a minimum open space area of nine hundred (900) square feet with no dimension less than twenty (20) feet. Required open space may be divided into two areas of four hundred fifty. (450) square feet; minimum dimensions remain the same. (c) Lots created before June 1946. Any lot recorded prior to the effective date of Ordinance 495 (June 5, 1946) shall provide within the rear two-thirds of the lot a minimum open space area of ninety (90) square feet for each five (5) feet of lot frontage, not to exceed nine hundred (900) square feet.- The required open space may be divided into two areas with no dimension less than fifteen (15) feet, plus one (1 ) foot for each. five (5) feet of lot frontage over twenty-five (25) feet, not to exceed twenty (20) feet. (2837-8/86) 9110.10 Parking. Parking shall comply with the standards outlined in Article 960. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. (3055-11/90) (a) Oversized vehicles (see Definitions Article 908) , campers, trailers and boats on- trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (3055-11/90) (b) Commercial oversized vehicles (see Definitions Article 908) or special purpose machines shall be prohibited in any yard area. (2837-8/86, 3055-11 /90) f 9110.11 Miscellaneous requirements. (a) Accessory buildings. Accessory buildings may be permitted on a lot with a permitted main building. The minimum distance between an accessory building and any other building on the same lot shall be ten (10) feet. Setback requirements are as specified in this article. (b) Architectural features. Architectural features, including eaves , fireplaces, and open unroofed stairways and balconies shall maintain a minimum distance of five (5) feet from' any portion of any other building on the same lot. Setback requirements are as specified in this article. (c) Fencing. Fencing shall comply with the standards outlined in this code. (d) Projecting decks. Decks on waterfront lots may project five (5) feet beyond the bulkhead or bulkhead line extended provided that side yard setbacks as required for the main dwelling are maintained, and subject to the development standards set forth in Article 942 and Chapter 17.24 of the Huntington Beach Municipal Code. (3090-2/91 ) 2/91 ,. 4 .. , • .,rY--, ,pro 9110.11 (d)(1 )--9110.11 (e)(2) (1 ) Covers and windscreens. Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas, fiberglass, tempered glass or metal , except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of tke:,'•second story finished floor. A minimum eighty (80) percent of, one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of . eighty—five (85%) percent transmission of light and visibility through the windscreen In each direction when viewed from any angle. (3090-2/91 ) (2) Removal . Decks and windscreens projecting over City property which do not comply with the above provisions may be removed by the City upon thirty (30) days written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (e) Minimum dwelling size. (1 ) The minimum residential floor area shall be one thousand (1 ,000) square feet. (2) The minimum width of a residential structure shall be twenty (20) feet. The Director may approve a reduction in this requirement for a portion of or addition to the main dwelling. (2837-8/86) I I I f I 2/91 ' Huntington Beach Ordinance Code 9060 " Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-'1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-1'2/84, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, E 3158-7/92, 3159-7/92, 3160-7/92) Sections: , 9060 Districts " 9061 District maps - 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings ; to regulate and restrict the height and bulk , of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential, R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial Ml-A Restricted Manufacturing Ml Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space Sl Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -O, -01 Oil suffix (`� } -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 7/92 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/61., 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92) 7/92 J t p t Huntington Beach Ordinance Code 9080 Article 908 DEFINITIONS (495-6/46, 556-2/50, 596-5/53, 1103-1 /65, 1241-9/66, 1261-11 /66, 1366-1 /68, 1469-3/69, 1566-5/70, 1672-10/71 , 1673-12/71 , 1752-10/72, 1753-7/72, 1769-9/72, 1799-1 /73, 1852-7/73, 1928-9/74, 2115-11 /76, 2127-12/76, 2217-10/77, 2221-11 /77, 2273-5/78, 2340-2/79, 2429-6/80, 2487-6/81 , 2539-3/82, 2588-1 /83, 2618-6/83, 2632-8/83, 2772-7/85, 2773-7/85, 2780-9/85, 2936-4/86, 2941-7/88, 2836-6/86, 2957-9/88, 3024-12/89, 3108-7/91 , 3152-7/92) Sections: 9080 Definitions A Accessory building Accessory use Adult business Alley Animal clinic Antenna, satellite dish Apartment Architectural projections or Appurtenances Arterial Attached units Auction Automobile/vehicle repair Automobile storage or parking space Automobile storage yard Automobile wrecking B Basement Bed and Breakfast Inn Bedroom Block Boarding or rooming house Building Building height Building, site Building, main Business or commerce C Child day care facility Carport Church City Clinic Club Commercial recreation use Commercial vehicle Commission Compensation Community apartment project Condominium Convenience Market D Density bonus Director Disposal service operation 7/92 9080 Huntington Beach Ordinance Code District Dry cleaning agency Dwelling Dwelling, multiple unit Dwelling, single unit Dwelling, Second Unit Dwelling, Studio Unit Dwelling unit E Educational institution Erected Equestrian Equine F Family Fast Food Restaurant Final approval Final environmental evaluation G Game arcade Garage, private General plan Grade Gross acreage Gross floor area Gross site area H Health club Hedge Home occupation Horticulture Hospital Hostel Hotel I Industrial use J Junk, wrecking, dismantling or salvage yards K Kennel Kitchen L Landscaping Laundry Line of sight Liquor store Living Unit Loading space Local street Lot Lot area Lot depth Lot frontage Lot line Lot line, front Lot line, interior Lot line, rear Lot, reverse corner Lot, through Lot, Width M Mobilehome/manufactured home Mobilehome accessory structure 7/92 Huntington Beach Ordinance Code 9080 Mobilehome lot or space Mobilehome park Model Home Motel Motor vehicle Maximum wind energy conversion system height N Net site area Nonconforming building Nonconforming parcel Nonconforming use Nontransferable conditional use permit 0 Occupancy, change of Occupied Open or public land Open space Oversize vehicles Overspeed control P Parking structure Person Personal Enrichment Services Permanent open space Place of public assembly Planned residential_ development Private street R Recreational vehicle park Recreational vehicle Recreation space Rental unit Residence Restaurant . Retail store Retaining wall S Senior citizen housing Service station Service station, idle School Setback line, front yard Setback line, side or rear yard Single Room Occupancy (SRO) Site Site coverage Site plan Stable, commercial Stock cooperative Story Street Street line Structure Structural alteration Structure, temporary T Temporary outdoor event U Ultimate right-of-way Use W Wall or fence 7/92 9080--Arterial Huntington Beach Ordinance Code Warehouse -r Waterfront lot Wet bar Wholesale use Wind energy conversion system Y Yard Yard, front Yard, rear Yard, side Z Zone Zoning district maps 9080 Definitions. Words and phrases wherever used in this division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender. The word "shall " is always mandatory and the word "may" is permissive. (2836-6/86) A. Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (2836-6/86) Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (2836-6/86) Adult business. A business as defined in Article 975. (2836-6/86) Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (2836-6/86) Animal clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Kennel uses shall be incidental to such hospital use and limited to short-time boarding for medical purposes. (2836-6/86) Antenna, satellite dish. An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. (2836-6/86) Apartment. A room or suite of two (2) or more rooms in a multiple family dwelling occupied or suitable as a residence for one (1 ) family. (2386-6/86) Architectural projections or appurtenances. Features on buildings which provide visual variation and/or relief but do not serve as interior or exterior living or working space. (3024-12/89) Arterial . Any street, highway or road designed as an arterial in the general plan circulation element. (2836-6/86) 7/92 Huntington Beach Ordinance Code Attached Units--Bedroom Attached units. Separate residential or commercial units sharing one or more common walls but with no common interior space. (2836-6/86) Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (2836-6/86) Automobile/vehicle repair. A retail and service business engaged in the following activities: (3024-12/89) (a) Minor repair. Light repair and sale of goods and services for vehicles including brake, muffler, tire shops , oil and lube and their accessory uses, but not including any of the activities listed below as major repair. (3024-12/89) (b) Major repair: Heavy automotive/vehicle repair including but not limited to transmission, battery, radiator, and engine repair or overhaul ; welding; turning brake drums; steam cleaning, body and fender work; painting; and upholstery. (2836-6/86, 3024-12/89) Automobile storage space or parking space. A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power. Such space shall be exclusive of driveways, walks, ramps and columns. (2836-6/86) Automobile storage yard. A storage yard for motor vehicles whether impounded or not on any portion of a lot. This definition shall not include any dismantling, wrecking or repair of any vehicle. (2836-6/86) Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60) days. (2836-6/86) B. Basement. A story partly underground and having at least one-half its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. (2836-6/86) Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period. Bed and Breakfast Inn does not include rest homes , convalescent homes, hotels, motels or boarding houses. (2957-9/88) Bedroom. Any room which meets the minimum requirements of the building code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other 7/92 Bedroom--Child day care facility(b) Huntington Beach Ordinance Code requirements. Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities . (2836-6/86) Block. The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross street. (2836-6/86) Boarding or rooming house. A building where lodging and meals are provided for a minimum of six (6) , but not more than fifteen (15) persons , not including rest homes. (2836-6/86) Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals, chattels , or property of any kind. (2836-6/86) Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (3152-7/92) (1 ) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than four r� (4) feet above the lowest grade. (3152-7/92) (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1 ) above is more than four (4) feet above lowest grade. (2836-6/86, 2846-8/86, 3152-7/92) For the Single Family Residential District (R1 ) only, building height shall be as defined in Section 9110.4. (3152-7/92) Building site. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (2836-6/86) Building, main. A building in which the principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (2836-6/86) Business or commerce. The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or management of offices, recreational or amusement enterprises ; or the maintenance and use of office by professions and service trades. (2836-6/86) Child day care facility. A facility which provides nonmedical care to children under eighteen (18) years of age in need of supervision on less than twenty-four (24) hour basis. Child day care facilities include: (3024-12/89) (a) Small Family Day Care Home. A single family residence in which °care is provided to six (6) or fewer children. (3024-12/89) 7/92 Huntington Beach Ordinance Code Child day care facility--Convenience market (b) Large Family Day Care Home. A single family residence in which care is provided to seven (7) to twelve (12) children. (3024-12/89) (c) Day Care Center. Any child day care facility other than family day care home and includes infant centers, preschools , extended day care facilities . (3024-12/89) Carport. A permanent roofed accessory structure with not more than two (2) enclosed sides which is intended for automobile storage for the occupants of the premises. (2836-6/86) Church. A permanently located building commonly used for religious worship and conforming to applicable requirements for design and construction. (2836-6/86) City. The city of Huntington Beach, California. (2836-6/86) Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight. (2836-6/86) Club. A nonprofit association for persons who are bona fide members , and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (2836-6/86) Commercial recreation use. Any recreational facility operated as a business and open to the general public. (2836-6/86) Commercial vehicle. Any motorized or non-motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (2836-6/86) Commission. The Huntington Beach Planning Commission. (2836-6/86) Compensation. The word "compensation" means anything of value. (2836-6/86) Community apartment project. A project in which an individual interest in the land is coupled with the right exclusively to occupy an individual unit. (2836-6/86) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential , commercial , or industrial building on such real property, such as an apartment, office or store. A condominium may include a separate interest in other portions of such real property. The duration of the estate may be an estate of inheritance or perpetual estate, an estate for life, or an estate for years such as a leasehold or subleasehold. (2836-6/86) Convenience market. A retail use in conjunction with gasoline sales in which the sales room exceeds two-hundred (200) square feet. (3024-12/89) 7/92 Density Bonus--Erected Huntington Beach Ordinance Code D. Density bonus. A density increase over the otherwise maximum residential density allowable by the zoning code and general plan. A density bonus may be processed only for a housing development on a lot which is allowed five (5) or more dwelling units prior to a density bonus. (3024-12/89) Director. The Director of Community Development for the city of Huntington Beach or a duly authorized representative. (2836-6/86) Disposal service operation. Any area for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (2836-6/86) District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (2836-6/86) Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service and which uses nonvolatile materials. (2836-6/86) Dwelling. A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings, but not including hotels or boarding houses. (2836-6/86, 3024-12/89) Dwelling, multiple unit. A building or buildings designed with two (2) - or more dwelling units. (2836-6/86, 3024-12/89) Dwelling, single unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. (2836-6/86, 3024-12/89) Dwelling, second unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the R1 zone. (3024-12/89) Dwelling, studio unit. A dwelling unit consisting of one (1 ) kitchen, one (1 ) bathroom, and one (1 ) combination living room and sleeping room. The gross floor area shall not exceed 500 square feet or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. (3024-12/89) Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. (3024-12/89) E. Educational institution. Any school , college or university providing general instruction as determined by the California State Board of Education. (2836-6/86) Erected. The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior to building. (2836-6/86) 7/92 Huntington Beach Ordinance Code Equestrian--Gross floor area Equestrian. That which pertains to horses or horseback riders. (2836-6/86) Equine. A horse, mule, pony, jackass, and other quadripeds of the genus equus. (2836-6/86) F. Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond of social , economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel , lodging house, motel , rehabilitation center, rest home or sorority. (2836-6/86) Fast-food restaurant. Any commercial establishment serving food or drinks which encourages consumption at home or on other premises. (2836-6/86) Final approval . Ten (10) days after approval by the discretionary body and no appeal of that decision has been filed. (3024-12/89) Final environmental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows: Exempt projects: Date of application acceptance. Negative declaration: Expiration date of the required posting period. Environmental impact report: The date when public hearings on the project are concluded. (2836-6/86) G. Game arcade. Any place of business with more than four (4) commercially-operated amusement devices . (2836-6/86) Garage, private. An accessory building or a portion of a main building used for the storage of self-propelled vehicles of not more than one-ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (2836-6/86) General plan. The general plan map and text for Huntington Beach adopted by the City Council . (2836-6/86) Grade. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project by this code, includes natural grade. (3024-12/89) Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets. (2836-6/86) Gross floor area. The total area of each floor within the building exterior walls . (3024-12/89) 7/92 Gross site area--Line of sight Huntington Beach Ordinance Code Gross site area. The area computed within the lot lines of a parcel of land before public streets, easements , or other areas to be dedicated or reserved for public use have been deducted. (2836-6/86) H. Health club. A commercial or private health center providing opportunities for recreational and physical fitness activities such as, but not limited to, handball , racquetball , weight training and dance exercises. (2836-6/86) Hedge. A plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure. (3024-12/89) Home occupation. A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (2836-6/86) Horticulture. The science and art of growing fruits , vegetables , flowers, vines , trees , or field crops for wholesale purposes. (2836-6/86) Hospital . An institution for the diagnosis , care and treatment of human illnesses. (2836-6/86) Hostel . A supervised, inexpensive lodging for use by youth. See Hotel . (3024-12/89) Hotel . A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are �1 six (6) or more guest rooms and in which no provision for cooking is made in any individual suite. (2836-6/86) I. Industrial use. The manufacture, assembly, storage or wholesale distribution of a product. (3024-12/89) J. Junk, wrecking, dismantling or salvage yards. The use of one hundred (100) or more square feet of any parcel of land for outside storage, wrecking or dismantling of any used materials, including but not limited to lumber, auto parts , household appliances, pipe, drums , machinery or furniture. (2836-6/86) K. Kennel . A use in which four (4) or more dogs or cats over four (4) months of age are kept on any lot for any purpose. (2836-6/86) Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. (2836-6/86) L. Landscaping. The planting and continued maintenance of suitable plant materials and which includes an adequate irrigation system. (2836-6/76) Laundry. A building or portion of a building where clothing and fabrics are washed. (2836-6/86) Line of sight. A visual path emanating from an average eye level adjudged to be five (5) feet above ground level . (2836-6/86) 7/92 Huntington Beach Ordinance Code Liquor store--Lot, reverse. . . Liquor store. Any establishment in which the primary use is to offer any alcoholic beverage for retail sale for consumption off-premises . Living unit. A unit within a Single Room Occupancy suited to accommodate up to two (2) persons. (3108-7/91 ) Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unloading and which has a permanent means of access. (2836-6/86) Local street. A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties. A local street has on-street parking and a significant amount of pedestrian traffic. (2836-6/86) Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey pursuant to an approved division of land, or a parcel map. A lot includes any area of land under one ownership abutting upon at least one street, alley or recorded easement. (2836-6/86) Lot area. See net site area. (2836-6/86) Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (2836-6/86) Lot frontage. The linear length of a lot measured along the property line adjacent to a street or easement. Lot line. Any line bounding a lot. "Property line" means the same as "lot line. " (2836-6/86) Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement. (2836-6/86) Lot line, interior. A lot line not abutting a street. (2836-6/86) Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines. (2836-6/86) Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to, its rear, whether across an alley or not. (2836-6/86) 7/92 Lot, through--Motel Huntington Beach Ordinance Code Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets. (2836-6/86) Lot width. Lot width shall be calculated as indicated for the following types of lots: (a) Rectangular lot shall be measured along a line equidistant to and twenty (20) feet from the front property line. (b) Cul-de-sac and knuckle lots shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line. (c) Cul-de-sac lots siding on another street, channel , or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front line property line. (2836-6/86) M. Mobilehome/manufactured home. A structure transportable in sections which is a minimum of eight (8) feet in width, forty (40) feet in length, and which when erected is a minimum of three-hundred and twenty (320) square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. sections 5401 et seq. ) . Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these provisions . (2836-6/86) Mobilehome accessory structure. A subordinate building located on a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (2836-6/86) Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (2836-6/86) Mobilehome park. Any area or tract of land where mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental fee paid shall be deemed to include rental for the lot the mobilehome occupies. (2836-6/86) Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision. Such building shall be constructed upon a lot previously designated as a model home site in the approved site plan, and in a subdivision for which a final map will be recorded. (2836-6/86) Motel . A building containing guest rooms designed or used primarily for the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces. A maximum twenty-five (25%) percent of such sleeping units may have kitchens. (2836-6/86) 7/92 Huntington Beach Ordinance Code Motor vehicle--Open or public land Motor vehicle. A self-propelled device used or intended for the transportation of passengers or freight upon streets or highways . (2836-6/86) Maximum wind energy conversion system height. The height of the tower and furthest vertical extension of the rotor measured from grade. (2836-6/86) N. Net site area. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress . (2836-6/86) Nonconforming building._ Any building or structure or portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming parcel . Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nontransferable conditional use permit. A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. In such cases, the permit shall be placed in the name of the surviving partners after notifying the Director of Community Development. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (2836-6/86) 0. Occupancy, change of. A discontinuance of an existing use and a substitution of another use of a different kind or class . (2836-6/86) Occupied. Includes used, arranged, converted to, rented, leased, or intended to be occupied. (2836-6/86) Open or public land. Public parks, waterways, school sites, flood or electric line rights-of-way or easements. (2836-6/86) 7/92 i i Open space--Recreational vehicle park Huntington Beach Ordinance Code Open space. Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (2836-6/86) Oversize vehicles. Any vehicle which exceeds twenty—five (25) feet in length, seven (7) feet in width, or seven (7) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks, buses, truck tractors , trailers, campers , and recreational vehicles, as well as any equipment or machinery regardless of size. (2836-6/86) Overspeed control . A mechanism used to limit the speed of blade rotation to within the design constraints of the wind energy conversion system. (2836-6/86) P. Parking structure. A structure used for parking of vehicles where parking spaces , turning ratio, and drive aisles are incorporated within the structure. (3024-12/89) Person. The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture. (2836-6/86) Personal Enrichment Services. Provision of instructional services or facilities, including but not limited to, fine arts , crafts, dance or music studios, driving schools, and business or trade schools except those 1-eading to a degree as defined by the State of California Education Code. (2957-9/88) Permanent open space. The phrase shall include golf courses, park sites, public utility easements , flood control rights—of—way a minimum of one hundred (100) feet in clear width; and for the purposes of establishing dancing, live entertainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200) feet in width. (2836-6/86) Place of public assembly. Any place designed for or used for the gathering of twenty (20) or more persons in one room where such gathering is of a public nature such as an assembly hall , church, auditorium, recreation or dance hall , theater, or amusement enterprise. (2836-6/86) Planned residential development. A residential development, including statutory and non—statutory condominiums, cluster housing, townhouses and community apartments, in which common open space is integrated into the overall development. Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development. (2836-6/86) Private street. A privately owned and maintained roadway used to provide vehicle access to abutting properties. (2836-6/86) R. Recreational vehicle park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes . Exclusive occupancy of any site shall not exceed thirty (30) continuous days, nor one hundred and twenty (120) days in any calendar year. (2836-6/86) 7/92 Huntington Beach Ordinance Code Recreational vehicle--Setback line Recreational vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes . (2836-6/86) Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways, tennis and shuffleboard courts, swimming and boating areas, bridle paths , playgrounds and playing fields. (2836-6/86) Rental unit. A room, bath, and kitchen as a separate unit. (2836-6/86) Residence. A building used or intended to be used as a dwelling place for one or more families. (2836-6/86) Restaurant. A comprehensive term meaning an eating house providing service to the general public. (2836-6/86) Retail store. A business of selling goods , wares and merchandise directly to the ultimate consumer. (2836-6/86) I Retaining wall . A structure designed to protect grade cuts or retain the fill of dirt, sand or other grading material . (3024-12/89) S. Senior citizen housing. Any housing exclusively designed wherein at least one person per unit is over sixty (60) years of age. (3024-12/89) Service station. Any lot or portion of a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles . Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment); sale and service of tires , tubes, batteries; and service of auto accessories . Such service shall not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery. (2836-6/86) Service station, idle. Any service station which has not been open for business for at least sixty (60) , eight (8) hour days out of any one hundred and eighty (180) consecutive days. (2836-6/86) School . An institution conducting regular academic instruction at kindergarten, elementary, secondary or college levels , operated by a governmental or nongovernmental organization. (2836-6/86) Setback line, front yard. The line which defines the depth of the required front yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the front yard setback. (2836-6/86) Setback line, side or rear yard. The line which defines the width or depth of the required side or rear yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback. (2836-6/86) 7/92 Single room occupancy--Structural alteration Huntington Beach Ordinance Code Single room occupancy (SRO) . A building designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3108-7/91 ) Site. Any legally created parcel of land bounded by property lines after dedication. (2836-6/86) Site coverage. The building area of all structures on a site as measured from all exterior building surfaces, including any patio covers, and any balconies and stairways with or without support posts . Architectural features such as bay windows , eaves and fireplaces that do not project more than thirty (30) inches , and decks that do not exceed more than forty-two (42) inches in height are excluded. (2836-6/86) Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all of the buildings , structures and uses and the exact manner of development proposed for a specific parcel of land. (2386-6/86) Stable, commercial . A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (2836-6/86) Stock cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. (2836-6/86) Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly above it. (2836-6/86) Street. A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, not including an alley. (2836-6/86) Street line. The boundary line between a street and abutting property. (2836-6/86) Structure. A mobilehome or anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, except swimming pools , patios , walks , tennis courts, and similar paved areas . (2836-6/86) Structural alteration. Any change in or alterations to the structure of a building involving the bearing wall , column, beam or ceiling joists , roof rafters, roof diaphragms, foundations, tiles , retaining walls or similar components. (2836-6/86) 7/92 Huntington Beach Ordinance Code Structure, temp--Wind energy conversion Structure, temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days . Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (2836-6/86) T. Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21 ) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions, sporting events and rabies clinics. Public services which benefit the community such as, but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86) U. Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the Department of Public Works . Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement. (2836-6/86) Use. The purpose for which land or a building is arranged, designed, or intended, or for which it is occupied or maintained. (2836-6/86) W. Wall or fence. Any structure or device forming a physical barrier. This definition shall include wood, concrete, concrete block, brick, stone or other masonry material . (2836-6/86) Warehouse. A building or the use of a building for storage of goods of any type in any area greater than five hundred (500) square feet and where no retail operation is conducted. (2836-6/86) Waterfront lot. Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (2836-6/86) Wet bar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wet bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (2836-6/86) Wholesale Use. A business which stores large stocks of goods and sells them in bulk quantities to retail outlets . Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. (3024-12/89) Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine. (2836-6/86) 7/92 ° Yard--Zoning maps Huntington Beach Ordinance Code Y. Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely unobstructed, from the ground to the sky. (2836-6/86) Yard. front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed ,or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by formal action of the City Council pursuant to law or ordinance. (2836-6/86) Yard, rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where, a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and R1 zoned property abutting arterial highways. (2941-7/88) Yard, side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (2836-6/86) Z. Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (2836-6/86) Zoning maps. The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (2836-6186) 7/92 ° Huntington Beach Ordinance Code 9110--9110.2 Article 911 LOW-DENSITY RESIDENTIAL DISTRICT (R1 ) (495-6/46, 556-2/50, 731-10/59, 810-1/61 , 940-1 /63, 961-6/63, 1077-9/64, 1110-2/65, 1120-2/65, 1189-4/66, 1194-5/66, 1212-7/66, 1377-1 /67, 1469-3/69, 1492-5/69, 1512-8/69, 1533-11 /69, 1553-3/70, 1608-11/70, 1705-2/72, 1754-7/72, 1952-2/75, 1953-2/75, 2110-10/76, 2115-11 /76, 2166-3/77, 2373-9/79, 2411-2/80, 2560-7/72, 2580-11 /82, 2680-3/84, 2735-12/84, 2837-7/86, 3055-11 /90, 3090-2/91 , 3152-7/92) Sections: 9110 General provisions 9110.1 Permitted uses 9110.2 Minimum parcel size/frontage 9110.3 Maximum density/intensity 9110.4 Building Height/Maximum building height 9110.5 Maximum site coverage 9110.6 Setback (front yard) 9110.7 Setback (side yard) 9110.8 Setback (rear yard) 9110.9 Open space 9110. 10 Parking 9110. 11 Miscellaneous- requirements 9110 General provisions. The low density residential district (R D is intended to be the most restrictive residential zone in terms of population density and in the requirements for light, air, ventilation, and open space for each individual lot. (2837-8/86) 9110.1 Permitted uses. The following subsections list permitted uses and the approval process for each one: (a) Building permit. Single family dwellings and accessory buildings which are permanently located on a parcel shall be subject to the issuance of a building permit. Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (b) Plan review. Zero side or rear yard setbacks shall be subject to plan review approval by the Director pursuant to Section 9110.8(a) . (c) Conditional use permit. The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: (1 ) Planned residential developments pursuant to Article 915. (2) Building heights between twenty-five (25) and thirty (30) feet, and/or third stories pursuant to Section 9110.4(a) . (3) Unclassified uses pursuant to Article 963. (4) Second unit additions pursuant to Section 9110.3. (2837-8/86) 9110.2 Minimum parcel size/frontage. A licensed land surveyor or civil engineer shall submit calculations showing lot width, depth, and area for any new parcel . 7/92 I 9110.2(a)--9110.3(f) Huntington Beach Ordinance Code (a) The minimum lot size shall be six thousand (6,000) square feet. (b) The minimum lot frontage shall be sixty (60) feet; however, the minimum required for cul-de-sac and knuckle lots shall be forty-five (45) feet. Lot frontage shall be calculated as outlined in the Definitions section. (c) Exception for averaging. The minimum lot size may be reduced to five thousand (5,000) square feet and/or the minimum lot frontage may be reduced to fifty (50) feet if the lot is part of up to six (6) contiguous lots under the same ownership at the time of subdivision which, when averaged, meet the minimum lot size and frontage requirements. Provided further that none of the lots in the group shall be used to compute the average for any other group of lots . (d) Exceptions for lots created prior to code. (1 ) An individual lot which does not conform to the minimum lot area or frontage requirement shall be considered a legal building site if it was legally created prior to the effective date of Ordinance 495 (June 5, 1946) and which since that date has not been held in common ownership with any other lot with which it could have been merged. (2) A parcel of land under one ownership consisting of two (2) or more lots with less than -five thousand (5,000) square feet each, if legally created prior to the effective date of Ordinance 495 (June 5, 1946) shall be considered a legal building site if the total square footage of the lots is a minimum of five thousand (5,000) square feet and the parcel abuts a dedicated street or vehicular easement. (2837-8/86) 9110.3 Maximum density/intensity. The maximum density shall not exceed one (1) dwelling unit per lot. Exception: a second unit may be added to an existing single family residence upon approval of a conditional use permit subject to the following standards: (a) The applicant shall be an owner occupant. (b) The minimum lot size shall be six thousand (6,000) square feet. (c) The second unit shall be attached to the main dwelling in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the second unit shall not be visible from the street in front of the residence. (d) The maximum square footage of the second unit shall be six hundred fifty (650) square feet nor shall it exceed one (1 ) bedroom. (e) The second unit shall not be sold separately from the main dwelling. (f) Four (4) total on-site parking spaces (nine (9) by nineteen (19) feet in size) shall be provided, two (2) of which may be unenclosed, uncovered and arranged in tandem with the existing spaces. Unenclosed spaces shall be located on the driveway apron or on a paved area between the driveway and the nearest side property line. Recreational vehicle storage shall not be permitted within any required parking space. 7/92 Huntington Beach Ordinance Code 9110.3(g)-9110.4(b)(3) (g) The second unit shall comply with all applicable land use regulations of the Huntington Beach Ordinance Code except as specified herein. (h) The park and recreation fee shall be assessed at twenty-five (25) percent of the fee for a single family residence as set by resolution of the City Council . (i ) No separate utility meters shall be permitted for the second unit. (j) The following safety and conservation measures for the new unit shall be implemented: (1 ) Insulation of accessible attic areas to R-19. (2) Weatherstripping of doors and windows . (3) Installation of low flow shower heads and faucets certified by the California energy commission. (4) Installation of approved smoke detectors. (2837-8/86) 9110.4 Building Height/Maximum Building Height. (a) Building Height Building height shall be defined as a vertical dimension measured from the top of the highest roof ridgeline to the top of the subfloor/slab directly r underneath. In addition, the following standards shall apply: (1 ) Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. (2) The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. (3) Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to Use Permit approval . Use Permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. (b) Maximum Building Height (1 ) Second story plate height shall not exceed 25 feet above top of subfloor/slab. (2) Roofs shall have a minimum 5/12 pitch, if building height exceeds thirty (30) feet. (3) Maximum building height for Main Dwellings shall be thirty-five (35) feet. 7/92 9110.2--9110.3(d) Huntington Beach Ordinance Code (i ) Habitable area including rooftop decks and balconies above the second story plate line shall require approval of a Use Permit. (4) Maximum building height for Accessory Buildings except detached garages, shall be fifteen (15) feet. Detached garages shall be designed to be compatible with the Main Dwelling. (c) Exception by Use Permit to Allow Habitable Area above the Second Story. Habitable area above the second story may be permitted subject to the approval of a Use Permit with the following limitations: (1 ) The building height shall not exceed the height limits as stated in 9110.4b. (2) Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (i ) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated in Section 9110.4b. (ii ) Deck areas above second story plate line shall open onto public rights—of—way -only and shall not overlook adjacent property. (iii ) Windows above the second story plate line shall open onto public rights—of—way. Other windows or openings may be proposed subject to review for compatibility with adjacent property for protection for privacy. (3) Exterior stairways between the ground floor and a habitable area above the second story shall be prohibited. (4) Access to a habitable area above the second story shall be from within the Main Dwelling and shall be consistent with internal circulation. (5) Notification of property owners within 300 feet. The Zoning. Administrator shall consider the following guidelines in deciding such a request: (i ) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents, or on surrounding property values. (ii) The location, site plan and building design shall be harmonious and compatible with the streets, driveways , property lines, and surrounding neighborhood. (iii ) The age and anticipated permanence of buildings on adjacent properties shall be considered. (iv) The Zoning Administrator shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood. 7/92 Huntington Beach Ordinance Code 9110.5-9110.7(a) 9110.5 Maximum site coverage. Maximum site coverage shall be fifty (50) percent. Site coverage shall be as outlined in the Definitions article. Exception: the maximum site coverage shall be fifty-five (55) percent for all lots abutting a park, recreation area, school , public waterway, or flood control or public utility right-of-way which is a minimum of one hundred (100) feet in clear width. (2837-8/86) 9110.6 Setback (front yard) . The minimum setback from the front property lines for all structures exceeding forty-two (42) inches in height shall be as follows: Dwelling Fifteen (15) feet Front entry garage Twenty-two (22) feet or carport Side entry garage Ten (10) feet Eaves, fireplaces , Eleven (11 ) feet open unroofed stairways and balconies Accessory Buildings - Fifty (50) feet or located within rear one-half of lot Detached garages may be located in front one-half of a lot which does not exceed one hundred fifty (150) feet in length (2837-8/86) 9110.7 Setback (side yard). The minimum setback from the side property lines shall be as follows : (a) Interior Side Yard Dwelling, garages and Ten (10) percent of lot width, minimum accessory buildings of three (3) feet., need not exceed five (5) feet Eaves Refer to Uniform Building Code Fireplaces Thirty (30) inches Open unroofed stairways Three (3) feet and balconies Exception for zero Refer to 9110.8(a) lot line 7/92 9110.7(b)--9110.8(a) Huntington Beach Ordinance Code (b) Exterior Side Yard Dwellingand accessory Twenty (20)y y percent of lot width, buildings minimum of six (6) feet, need not exceed ten (10) feet Front entry garage Twenty-two (22) feet or carport Eaves Refer to Uniform Building Code Fireplaces Thirty (30) inches Open unroofed stairways Three (3) feet (2837-8/86) and balconies 9110.8 Setback (rear yard). The minimum setback from the rear property lines shall be as follows: Dwelling and open Ten (10) feet except may be reduced to unroofed stairways five (5) feet (including eaves) if rear yard abuts a park, recreation area, school , public waterway, or flood control or public utility right-of-way which is a minimum of one hundred (100) feet in clear width Garage, carport or Five (5) feet if entered directly from open parking space alley Minimum turning radius shall be provided pursuant to Article 960 Accessory buildings Five (5) feet (including eaves) except no setback required if abutting an alley Eaves, fireplaces Six (6) feet Open unroofed balconies Ten (10) feet, except may be reduced to five (5) feet if rear yard abuts a public waterway Unenclosed patio covers Five (5) feet (including eaves) if walls composed of insect screening only, except no setback required if rear yard abuts a public waterway Projecting decks on Refer to Section 9110. 11 (d) waterfront lots (a) Exception for zero lot line. A plan review application may be approved by the Director to permit either a zero side yard setback or a zero rear yard setback (only one zero setback per lot shall be permitted) . The Director shall consider the overall site plan, building materials, and the finish of the wall constructed on the zero setback property line in reviewing such requests, as well as the following requirements: 7/92 a • v Huntington Beach Ordinance Code 9110.8(a)(1 )--9110.9(a)(2) (1 ) The lot adjacent to the zero setback side or rear yard shall be held ,-r-� under the same ownership at the time of application and the setback for the adjacent lot shall be either zero or a minimum of ten (10) feet. (2) No portion of the dwelling or any architectural features shall project over the property line. (3) The zero setback shall not be adjacent to a public or private right-of-way. (4) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (5) The wall located at the zero setback property line shall be constructed of maintenance-free, solid decorative masonry for the first floor of the dwelling and of maintenance-free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches for the second story. Decorative construction need not be used on that portion of the wall obscured from view of the adjacent lot by another structure or wall . For a zero side yard setback, the wall shall intersect the rear property line. For a zero rear yard setback, it shall intersect the side property lines . (6) For parcels designed with one zero side yard setback, the opposite side yard shall be ten (10) feet wide and shall be perpetually maintained free and clear of obstructions other than those specified below: eave encroachment of three (3) feet, swimming pools, normal landscaping, removable patio covers which maintain a minimum setback of five (5) feet from the side property line and/or garden walls and fences which cross said setback provided they are equipped with a gate and are equal in height to the first floor double plate, but not exceeding nine (9) feet. (2837-8/86) 9110.9 Open space. Open space shall be required in accordance with the following provisions except that lots with a minimum forty (40) feet of water frontage shall be exempt from any open space requirement. Open space shall be as outlined in the Definitions Section. (a) Lots created after March 1969. Any lot recorded after the effective date of Ordinance 1469 (March 19, 1969) shall provide behind the front yard setback a minimum open space area of twelve hundred (1 ,200) square feet with no dimension less than twenty-five (25) feet. Required open space may be allocated in conformance with one of the following alternatives when a building, structure or fence over forty-two (42) inches in height provides a physical separation between the front yard setback and the remainder of the lot: (1 ) One (1 ) area of nine hundred (900) square feet, with no dimension less than twenty-five (25) feet, and an additional three hundred (300) square feet in up to two areas with no dimension less than fifteen (15) feet. (2) Two (2) areas of six hundred twenty-five (625) square feet, with no dimension less than twenty-five (25) feet. 7/92 o 9110.9(a)(2)--9110. 11 (d) Huntington Beach Ordinance Code (b) Lots created before March 1969. Any lot recorded after the effective date of Ordinance 495 (June 5, 1946) and prior to the effective date of Ordinance 1469 (March 19, 1969) shall provide within the rear two-thirds of the lot a minimum open space area of nine hundred (900) square feet with no dimension less than twenty (20) feet. Required open space may be divided into two areas of four hundred fifty (450) square feet; minimum dimensions remain the same. (c) Lots created before June 1946. Any lot recorded prior to the effective date of Ordinance 495 (June 5, 1946) shall provide within the rear two-thirds of the lot a minimum open space area of ninety (90) square feet for each five (5) feet of lot frontage, not to exceed nine hundred (900) square feet. The required open space may be divided into two areas with no dimension less than fifteen (15) feet, plus one (1 ) foot for each five (5) feet of lot frontage over twenty-five (25) feet, not to exceed twenty (20) feet. (2837-8/86) 9110.10 Parkin4. Parking shall comply with the standards outlined in Article 960. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. (3055-11 /90) (a) Oversized vehicles (see Definitions Article 908) , campers, trailers and boats on trailers may be. parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts . (3055-11 /90) (b) Commercial oversized vehicles (see Definitions Article 908) or special purpose machines shall be prohibited in any yard area. (2837-8/86, 3055-11 /90) 9110.11 Miscellaneous requirements. (a) Accessory buildings. Accessory buildings may be permitted on a lot with a permitted main building. The minimum distance between an accessory building and any other building on the same lot shall be ten (10) feet. Setback requirements are as specified in this article. (b) Architectural features . Architectural features, including eaves, fireplaces , and open unroofed stairways and balconies shall maintain a minimum distance of five (5) feet from any portion of any other building on the same lot. Setback requirements are as specified in this article. (c) Fencina. Fencing shall comply with the standards outlined in this code. (d) Projecting decks . Decks on waterfront lots may project five (5) feet beyond the bulkhead or bulkhead line extended provided that side yard setbacks as required for the main dwelling are maintained, and subject to the development standards set forth in Article 942 and Chapter 17.24 of the Huntington Beach Municipal Code. (3090-2/91 ) 7/92 Huntington Beach Ordinance Code 9110. 11 (d)(1 )--9110. 11 (e)(2) (1 ) Covers and windscreens . Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas , fiberglass , tempered glass or metal , except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of the second story finished floor. A minimum eighty (80) percent of one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of eighty-five (85%) percent transmission of light and visibility through the windscreen in each direction when viewed from any angle. (3090-2/91 ) (2) Removal . Decks and windscreens projecting over City property which do not comply with the above provisions may be removed by the City upon thirty (30) days written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (e) Minimum dwelling size. (1) The minimum residential floor area shall be one thousand (1 ,000) square feet. (2) The minimum width of a residential structure shall be twenty (20) feet. The Director may approve a reduction in this requirement for a portion of or addition to the main dwelling. (2837-8/86) 7/92 CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 7/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 930 Article 930 J �2 Huntington Beach Ordinance Code 9300 Chapter 93 SPECIAL DEVELOPMENTS iet 3H,3 Articles: 930 Specific Plans 936.5 Residential Condominium Conversion 937 North Huntington Center Specific Plan Article 930 SPECIFIC PLANS (2550-5/82, 2606-3/83, 2617-6/83, 2647A-11/83, 2647B-11/83, 2647C-11/83, 2797-10/85, 2929-4/88, 2942-6/88, 2959-10/88, 2960-10/88, 2970-12/88, 2981-1/89, 2998-7/89, 3001-7/89, 3128-5/92) (Not Codifiable) Waterfront Master Plan: 2962-11 /88) Sections: 9300 Specific plans 9300 Specific plans. The following specific plans are on file in the office of the City Clerk and the Department of Community Development: (a) Seabridge Specific Plan. (2550-5/82, 2606-3/83, 2617-6/83, 2797-10/85) (b) Huntington Harbor Bay Club Specific Plan. (2606-3/83) (c) Downtown Specific Plan (c-1 ) Downtown Specific Plan Areas 1 , 7, and 8-A. (2647A-11 /83, 2942-6/88) (c-2) Downtown Specific Plan Areas 2 and 6. (2647B-11/83) (c-3) Downtown Specific Plan Areas 3, 4, 5, 8-B, 9, 10 and 11 . (2647C-11 /83, 2960-10/88, 2981-1/89) --� (d) Seacliff Specific Plan No 1 . (2959-10/88) (e) Ellis-Goldenwest Specific Plan. .(2998-7/89) (f) Meadowlark Specific Plan. (2970-11/88, 3001-7/89, 3081-12/90) (g) Holly-Seacliff Specific Plan. (3128-5/92) 5/92 i Huntington Beach Ordinance Code d` 9300 _ Chapter 93 SPECIAL DEVELOPMENTS Articles: 930 Specific Plans 936.5 Residential Condominium Conversion 937 North Huntington Center Specific Plan Article 930 SPECIFIC PLANS (2550-5/82, 2606-3/83, 2617-6/83, 2647A-11 /83, 2647B-11 /83, 2647C-11 /83, 2797-10/85, 2929-4/88, 2942-6/88, 2959-10/88, 2960-10/88, 2970-12/88, 2981-1/89, 2998-7/89, 3001-7/89, 3071-11/90, 3128-5/92, 3143-7/92) (Not Codifiable) Waterfront Master Plan: 2962-11/88) Sections• 9300 Specific plans 9300 Specific plans. The following specific plans are on file in the office of the City Clerk and the Department of Community Development: (a) Seabridge Specific Plan. (2550-5/82, 2606-3/83, 2617-6/83, 2797-10/85) (b) Huntington Harbor Bay Club Specific Plan. (2606-3/83) (c) Downtown Specific Plan (c-1 ) Downtown Specific Plan Areas 1 , 7, and 8-A. (2647A-11/83, 2942-6/88, 3071-11/90) (c-2) Downtown Specific Plan Areas 2 and 6. (2647B-11 /83, 3071-11 /90) (c-3) Downtown Specific Plan Areas 3, 4, 5, 8-B, 9, 10 and 11 . (2647C-11/83, 2960-10/88, 2981-1 /89, 3071-11 /90) (d) Seacliff Specific Plan (2959-10/88, 3143-7/92) (e) Ellis-Goldenwest Specific Plan. (2998-7/89) (f) Meadowlark Specific Plan. (2970-11/88, 3001-7/89, 3081-12/90) (g) Holly-Seacliff Specific Plan. (3128-5/92, 3145-6/92) 7/92 i CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 6/16/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE I Chapter 3.48 Chapter 3.48 r � 1 O 3.48.010--3.48.050 Chapter 3.48 LATE CHARGES (2939-6/88) Sections: 3.48.010 Definitions 3.48.020 Established 3.48.030 Due Date 3.48.040 Basic Late Charge; Additional Penalty 3.48.050 Application of Amounts Received 3.48.010 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: (2939-6/88) (a) "City" means the City of Huntington Beach (2939-6/88) (b "Miscellaneous receivables" means all billings except those for taxes, business licenses, and water as otherwise governed by titles 3, 5 and 14 of this code, respectively. (2939-6/88) (c) "Person" means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, trust, business, society, individual or municipal corporation. (2939-6/88) 3.48.020 Established. Late charges are established on all persons in the city on all miscellaneous receivables. A late charge will be applied to the miscellaneous receivable if payment is not received by the due date. (2939-6/88) 3/48.030 Due Date. The due date is thirty (30) days after the billing date, unless otherwise agreed to by the city and the person billed. (2939-6/88) 3.48.040 Basic Late Charge: Additional Penalty. The basic late charge is ten percent (10%) of the amount billed. An additional penalty of one-half of one percent (0.5%) per month shall be assessed for non-payment of the amount billed and the basic late charge. (2939-6/88) 3.48.050 Application of Amounts Received. Amounts received shall apply first to any late charge, and then to the original amount billed. (2939-6/88) 5/88 CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Title 2 Title 2 I I I Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.04 Eligibility of Candidates 2.05 Limitations on Campaign Contributions and Reporting of Late Campaign Contributions 2.08 Administrative Officer 2. 12 Administrative Services Department 2.16 City Treasurer 2.20 City Attorney 2.24 Police Chief 2.28 City Council 2.30 Community Services Department 2.32 Department of Development Services 2.34 Repealed, Ordinance No. 2330, 3 Jan 1979 2.36 Repealed, Ordinance No. 2464, 17 Dec 1980 2.40 Fire Department 2.44 Repealed, Ordinance No. 2332, 3 Jan 1979 2.48 Repealed, Ordinance No. 2330, 3 Jan 1979 2.52 Police Department 2.56 Public Works Department 2.60 Repealed, Ordinance No. 2332, 3 Jan 1979 2.64 Community Services Commission 2.68 Repealed, Ordinance No. 2591 , 5 Jan 1983 2.72 Personnel System 2.76 Competitive Service Regulations 2.80 Redevelopment Agency 2.84 Public Library--General Provisions 2.86 Library Services Department 2.88 Repealed, Ordinance No. 2363, 16 May 1979 2.92 Repealed, Ordinance No. 2363, 16 May 1979 2.96 Disposition of Unclaimed Property 2.97 Repealed, Ordinance No. 2903, 15 Jul 1987 2.99 Citizens' Advisory Board for Housing and Community Development 2.100 Operating Policy for Boards and Commissions 2.101 Allied Arts Board 2. 102 Environmental Board 2. 103 Human Resources Board 2. 104 Advisory Board on the Handicapped 2. 105 Airport Board 2. 106 Fourth of July Executive Board 2. 107 Historic Resources Board 2. 108 Huntington Beach Youth Board ate\ } CITY OF HUNTINGTON BEACH DISTRICT ZONING MAP UPDATES Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE DM 2Z DM 2Z DM 37 DM 3.7 i PLANNING' ZONING DM 2Z 1000 SECTIONAL DISTRICT MAP 2-6- II IN FEET SCALE ADOPTED MARCH 7,1960 NOTE: CITY OF MEN EO 11 DIMENSIONS ARE IN FEET AY CITY COUNCIL ORDINANCC NO. 754 ANY ZONE ADJOINING ANT RIGHT OF w IS INTE NOED TO E%TEN° TO THE CENTER AMENDED ZONECASE OR.NC O ONECASE O1— U SUCH RIGHT OF WAY 7IS-60 108 713 A 7-1]-]2 Z]72-23) 1775 ]-1a-fio Iz3 ]81 9-s-]z ]z-z3 vr5 LEGEND ]-SO 13F — 12-1]-]3 ]3-22 IBIG ql LOW DENSITY REEIOENTIAL DISTRICT 2-20-61 .17 10-IS-]3 73-20 I_ 6-9-61 lib i143 JisJs 64r4 B-4-75 r5-3B 2000 R2 MEDIUM DENSITY RESIDENTIAL DISTRICT HUNTINGTON BEACH S-27, 200,206 B6B 92375 ]5-3D 2004 OMMUNITY FACILI DISTRICT DISTRICT I-6-61 212 876 8-4-75 ]s-3E 2003 s-]-62 231 900 9-23-75 PP-04 2004 �� OFFICE-PROFEESICNAL DISTFILT 5-21-62 244 903 0-19-]6 ]6-09 2054 AMENDED ZONE CASE ORD NO 6-4-62 248 90] 6-]-76 76-07 2062 ® RESIDENTIAL AGRICULTURAL DISTRICT 10-15-62 GOO 932 6-]-]6 ]6-12 2063 ORANGE COUNTY CALIFORNIA B-16-81 80-163 247 3-62 282 938 6-7-1 76-15 20]0 MI LIGHT INDUSTRIAL DISTRICT DISTRICT 3-16-81 80-16 24]i -63 28d 94r 6-]-]6 766-16 2083 MOBILE HOME DISTRICT 7 -6-61 11-6 2494 2-4-63 302 950 6-21-rb 76 -8 2011 II82-8 25d1 62463 331 976 r-19-]6 PPA]5-9 —4 C2 COMMUNITY BUSINESS DISTRICT -3-83 82-12 2595 6-z4-63 M3 978 8 ISIG ]6-IB 2107 © HIGHWAY COMMERCIAL 1-3-883 82-IB 2596 -6-64 3]9 102l8 9-21-]6 ]6-22 2126 R3 MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT -3 82-19 2597 10-5-64 73 1.0 1-3-7] 6-24 .5, 4-85 84-19 2749 4-5-65 505 1132 12-6-rb 76-4 2135 © NEIGHBORHOOD COMMERCIAL 7-21-ES 86-I1 2B54 2-21-66 545 IIB6 4-6)r OLU TO-SPE-137 II-3-86 86-9 20]6 0-3-66 66-40 1256 6-6-7r ]7-1 2180 R4 HIGH DENSITY RESIDENTIAL DISTRICT 9]-I 2906 2-17-69 6B-IB 1— 6_7 77-9 2202 C-C COMMUNITY FACILITIES(CIVIC)DISTRICT II-21-BB 66-111 2980 2-I]-69 68-52 474 11-15-]6 PPA]6-8 2129 SETBACK LINE -i-BB -3 9]3@ 10-6-69 69-13 1527 5382-i-18-ia--PPGr6-6B-�2@8-2552 L_)COMBINED WITH OIL PRODUCTION 4-15-91 PPSA91-2 3102 10-19-70 70-10 1 606 12-19-r] ]]-3A 22s0 J 3-15" 70-28 IE39 4-1]-]8 78-2 2277 -� 12-20-i1 I-8 91 9-19-]] 7-13 2224 © '1UALIFIED CLASSIF PRECISE RAN CE STREET dLJGN 12-6-71 71-32 1687 9-19-71 71 I4 2225 7-1742 72-I6(F) 1760 11-20-r8 78-13 2328 -CU CIVIC DISTRICT OLDTOMN SPECIFIC PLAN I LGARFIELD I I / / AVE. - L s 36 \J ------ _ H8030-1 Y--- �� w�NRA 0P2 ICI Ro 5 z H o - '�\/AI H r Q EKE R - :¢ �1� •'•• L_LFARHARBOR OR-�'wPCP 50 0 rW R2 f,R2 A C2 > U I IVII 4�..:.�, f�',2 D g M I-�eso N LWEE SKV3 TR @30°4 �, J LL a G i m O o RA-0 V ' _...._ a a RA-0� -'i R2 R2 o M R 2 - 5 �. A-o R2 D (`G l R2 i R2 C4I a R2A R2 M IUP R 2 R 195�R J(Q)R2-01 R2`K4'`.A ~ OL' T-HPI..PECIFIClz4 3J R2 S J (LANiDI^'.R'CT I) 3oo.lz ze012 (� (� AVE C2-0-CD �seTs. r-- 354 o p 425 / BLN -R;" R3 - a - R3 �C2'01'^ c1. OR_Q,zl p1 224 C) C2: ar o R2 R2-0 PD`° oo;":'" D0. R4 R2 zp O. :C. oN M1I - n w 660 xge4 C , 'i,1 RG-0 NI30 f2p R2 NLINE TR 3950 155 IL 290 -OWEN—- AVE. C2-O-CD �„ Rzo1Pq� � • '`� ; .; RI RI s zoo's N3o C2-0 0 PD111_' -.RZ„O cLL�EL ono R I JANA CN 1 CZ• IMP-o1-co �R2-0-I, _ so�, 6 956E j 6,z w"m 5a9 9 RI RI R2 N °m C2-OFCD� 1/ 4'SYwl NB 025'oe"w SL6 E o �'�^_ E TR 3950 HILL 14N" AVE Lj $ -45 11IRV S T -25q� 3 "` N69 5956 W 11°0°W �'° 5tpakuFFa °", ..�0 4,��4`�� R2 R2 z — ° o B9s4 o Lu rr a R2 N OP-01JD m R2-O-CDI5 I a� C2-0-CD ;R2 0 PD-G Q 5 R 2 3303� or26 O C2BCCa b` f z._ •'::-.•X8'0, a�N RZ C450 YORKTOWN AVE. �g Rrol-cD„ '3 R2-O-CD a IC4 as 3966 w R2-0 s R2 -0 €1 0 3000c 23e ^ CF-E-CD r.:•:F;;.-„5?) R2-0-CD 56596 5D F- (R1-0) "' (R2-0)1'(RA) ST W CHITA----AVE R 2 C 2 oCF-E-CD 2 -c0 0 0� R2 R2 AT LR - -o T N �I CF-E RI-Ol SP IF[ P N -CD'O VENICE E. R2 (RI-o (DI TRI T 0) 1 O �i Q cD � L33o cD-o "376 �a �� 1 - D-O ?C � :R4 0 ° w 9 rza'E €o z s0°05'I Nes°3 _ UTICA VE D Oo ed9.57a6W \`.•Y9a-'1%-BW 4�f4,'-•,3"�';yF g"°'•'a�.,g"zA'e-�°0a e\p�ay N - �R-oCccpD-OOJ N RI 2�RNOa01 o' RaRoL�IT o2 A 4-P0N0 om0 -CD-0 3 6 �� �� °OSle CF-R RI RI R2 roRONro 46NO (RI-01 N N O [6Z ;ANTERI.D pco031 ' D R pR� 2 Pr C4 SPRINGFIELD C �i0 -0-0SoU -0 AVE RI RI RI RI RI R2 o a U a RI-OFJY 4,1 4�" 90q 0 HOO-0 0 J R3-0 R3-0 P! R2 a J 2 RIO RI ADAMS i ; AVE I DWI 37 SECTIONAL DISTRICT MAP 33- 5—II l000 �LE NFEET NOTE: CITY OF O ADOPTED AUGUST 15, 1960 ALL DIMENSIONS ARE IN FEET ANY ZONE ADJOINING ANY RIGHT OF WAY INTENDED TO EXTEND TO THE CENTER CITY COUNCIL ORDINANCE NO. 785 OF SUCH RIGHT OF WAY ZONE LEGEND. AMENDED CASE ORD NO AMENDED ORD NO RI LOW DENSITY RESIDENTIAL DISTRICT 7-17-71 71-9 1659 © HIGHWAY COMMERCIAL DISTRICT HUNTINGTON BEACH 1 17 75 20 � COASTAL ZONE SUFFE% 7-2-84 84-7 2706 A SHORE LINE DISTRICT I-17-83FLOODOOD ZONE2606 COASTAL ZONE BouNDARY FLDOOPLAIN DISTRICT WITHIN FLOOD ZONE-FP2 ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE: 71-9,74-5 2928 28 2] 32 33 C 33 34 eF� May RI-CZ-FPS 9 a` N 1 CZ-FP2 5 PAS [�2 gag I` LN G�Pt 4 �jA2�q Vv r' `KENWICN OR fZ EfIEL//OH RI-CZ / FP (/ i ,o ao �s 9 ys/ q I 9SC� C 9�f TA Cy T y 995� 32 33 33 34 5 4 a 4 3 0 am SECTIONAL DISTRICT MAP 34-5-II 5-= - IN IEEI CITY OF UNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 1 28 2t\ 2t 28 33 5 34 33 111 g DR' CENTRAL R1iK DR, NEW6URY DR _ GLENFO% DR � w r x 66 UD IRONGNI•E CR � j � 3 ¢ 3 a � pP �BFRr m w INLET C F—R JUDµ1CK (R z � o � �me o KEN WICK CR £o � � 4 9VE�, 3 v )glfc4 jr I (/rY(E IE 0 �NOHRK v KH L L I I I a = eE I I I I I I I I IiCNW GPO ST CR R9-is K0- -- _ _SQRF�L_CR- _ `n C -6, O oR I W w 3 z w J O O GARFIELD AVE. 33110 � 34 38 4 3 3 2 CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES j Effective 6/16/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 986 Article 986 9860 �~ Article 986 PETITIONS Sections: 9860 Form of Petitions. 9861 Verification of Petition. Data. 9862 Rejection of Faulty Petition. 9863 Fees to Cover Costs. 9864 Filing Fee. 9865 Additional Fees. 9866 Filing, Reference of Petitions. 9867 Elimination of Multiple Application Fees . 9868 Applications, as set forth in Section 9867. 9860 Form of Petitions. The Commission shall prescribe the form and scope of petitions and accompanying data, so as to assure the fullest practicable presentation of facts; and all petitions shall be made on such forms. (495) 9861 Verification of Petition. Data. Every petition for a conditional exception, as provided in Article 983, and for amendments, as provided in Article 982, shall include a statement by at least one property owner who has signed such petition, and whose property is affected thereby, attesting to the truth and correctness of all statements, maps and other data presented with said petition; and such verification shall be signed and acknowledged before the City Clerk or a Notary Public. (495) 9862 Rejection of Faulty Pew ion. The Planning Department shall not accept for filing any application required to be filed which said application is not completed in the form required by this ordinance and approved by the Commission. (495, 1650-7/71) 9863 Fees to Cover Costs. The Council may prescribe fees to cover costs of estimated expense involved in the granting of conditional exceptions or change of district boundaries . (495) 9864 Filing Fes. At the time such petition is filed, a fee for a conditional exception and for a zone change shall be collected for the use and benefit of the city and shall be deposited in its general fund. Such fees shall be set by resolution of the City Council . (2441 - 8/80) 11/87 9865--9868 9865 additional Fees. Additional fees to cover costs of posting and advertising of hearing shall be required. ' (495) 9866 Filing. Reference of Petitions. Petitions shall be filed with the City Clerk and shall be referred to the Commission at its first meeting held subsequent to the time .of such filing . (495) 9867 elimination of Multiple ayRlication Fees. When any combination of applications for conditional exceptions, site plans, use permits, divisions of land or administrative review are required to be filed for one development, the applicant, in lieu of paying two or more applications fees, shall pay only the flee designated for the application being filed which requires the greatest fee, and all other such applications shal be accepted without a fee. (1524) 9868 When any one application or a combination of applications , as set forth in Section 9867, is required to be filed for public hearing before the Planning Commission, all such applications shall be filed for public hearing before the Planning Commission. (1524) (Prior Law: '495, 1524 , 1650, 2441) �1 11/87 m a I City Clerk' s Office ------------(FC) --( 2) ------ Evelyn ---- Counter CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 6/4/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5.60 Chapter 5.60 (Format change only) (Format change only) Chapter 5.64 Chapter 5.64 �` v 5. 6o.no Chapter 5.60 FIGURE MODEL STUDIOS Sections: 5.60.010 Definitions. 5.60.012 Disrobing prohibited. 5.60.015 Disrobing prohibited--Sign. 5.60.020 Permit--Required. 5.60. 030 Permit--Application. �. 5. 60.040 Permit--Issuance. � . 5. 60.050 Investigation fees. 560.060 Permit--Refusal--Appeal. 5:60.070 Permit--Temporary--Suspension. 5.600080 Permit--Revocation. 5.60.090 Permit--Revocation--Hearing. 5. 60.100 Premises open for inspection. 5. 60. 110 Premises open for inspection--Communication device. 560.120 Employment of unlicensed figure models. 5:60.130 Figure model permit--Display. 5. 60.140 Figure models permit--Return upon nonemployment. 5. 60. 150 Rules and regulations. 5.60.010 Definitions . The .Following terms used in this chapter shall have the meanings indicated below: (a) "Figure model studio" means any premises where there is conducted the business of furnishing, providing, or procuring figure models who pose for the purpose of being observed or viewed by any person, or being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude or se►ni- nude before persons who pay a fee, or ,any other thing of value, as consideration, compensation, or gratuity, for the .right or opportunity so to depict a figure model, or for admission to, 171 5.60.012--5.60. 030 permission to, or as a condition of, remaining upon the premises. Figure model studio does not include any studio or classroom which is operated by any state college or public junior college or school wherein the person operating said studio or classroom has met the requirements established in Division 21 of the Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma or honorary diploma. (b) "Figure model" means any person, male or female, who poses to be observed, viewed, sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted. ( c) "Nude" or "semi-nude" means the exposure of male or female genitals, vulva, anus , pubic hair or cleft of the buttocks; or the exposure of any device which is intended to simulate either the male or female genitals, vulva, anus , pubic hair or cleft of the buttocks; or the exposure by any female of any portion of her breast at or below the areola. (Ord. 2045 , 5 May 76 ) 5.60.012 Disrobing prohibited. No person operating a figure model studio shall allow any customer or patron to dis- robe while on the premises . (Ord. 2087, 5 Aug 76) 5.60 .015 Disrobing prohibited--Sign. A person operating a figure model studio shall cause a sign to be posted in a con- spicuous place visible from the main entrance of the establish- r ment. Said sign shall contain the following message in letters of at least one and one-half (1 1/2) inches in height and a corresponding width: "PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES." (Ord. 2087 , 5 Aug 76) 5.60.020 Permit--Required. No person shall engage in, conduct, manage or carry on the business of nude or semi-nude modeling, simulated nude or semi-nude modeling, or conduct , manage or carry on any place where such modeling is available or open to the public without a written permit. No person shall act as a nude or semi-nude model or simulated nude or semi-nude model for a fee or gratuity without a written permit from the chief of police. A figure model studio permit shall not be issued to any person under eighteen ( 18) years of age or to a partnership, association or corporation, any officer or manager of which is under eighteen (18 ) years of age. (Ord. 2045 , 5 May 76 ) 5 .60.030 Permit--Application. Each person, before obtaining a permit to carry on the business of nude or semi-nude modeling or any form of simulated nude or semi-nude modeling for a fee or 172 5. 60.040--5. 60. 070 gratuity , shall make a written application to and upon forms fur- nished by the chief of police , which shall be signed by such appli- cant . In addition to any other information which may reasonably be required by the chief of police , the application shall show the true name of the applicant , any previously used fictitious name or names , his age , present address , proposed business address , and the business name and address of any similar businesses previously or currently conducted by the applicant. The applicant shall furnish his fingerprints and a recent photograph of himself to the chief of police . (Ord. 2045, 5 May 76) 5.60 .040 Permit--Issuance . The chief of police shall issue such permit to such applicant if it shall reasonably appear to him, after investigation, that the applicant possesses good moral character and is a proper person to conduct or work at such business . The chief of. police shall issue such permit to the applicant or deny such application within sixty (60) days from the date of receipt of the application and investigation fees. (Ord. 2045 , 5 May 76) 5. 60. 050 Investigation fees. A fee of twenty-five dollars ($25 ) shall be paid upon the filing of each application for a permit for the purpose of defraying investigation costs and expenses incidental to the processing of said application. The fee shall be payable to the city clerk. Fees are not refundable. (Ord. ' 2045 , 5 May 76) 5. 60.060 Permit--Refusal--Appeal. Any applicant for a permit as defined in section 5. 0. 030 which 3.s refused a permit by the chief of police may within ten (10) days of notice of refusal appeal the refusal to the city council. (Ord. 2045 , 5 May 7 6) 5 . 60 .070 Permit--Temporary-- Suspension. Upon recommenda- tion of the chie of police , the city administrator may tem- porarily suspend the permit of any person holding same in the city, upon receiving satisfactory evidence that the per- mittee has been arrested or indicted for any violation of the provisions of this chapter or any other law or ordinance of the city or state relating to such business. Said temporary suspension shall remain in effect until such time as the criminal charges are dismissed entirely or the permittee is acquitted of the pending criminal charges or the permit is revoked, according to section 5. 24. 080 of this code. Whenever the permit shall have been temporarily suspended under the terms of this section, no other application for permit to carry on a similar business by such person shall be considered during the period of the suspension. The action of the city administrator in temporarily suspending a permit under this section is appeal- able by the permittee to the city council. Such appeal must be taken in writing within ten (10 ) days after notice is given by the city administrator- to the permittee of such suspension. 173 5. 60.080--5. 60.100 The city council may sustain, overrule or modify the admin- istrator' s order of suspension. (Ord. 2045 , 5 May 76) 5.60.080 Permit--Revocation. The city council may re- voke or suspend the permit and license of any person holding same in the city , upon receiving satisfactory evidence that the permittee or licensee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this sec- tion or any other law or ordinance of the city or state relating to such business , or upon the recommendation of the chief of police. The chief of police may recommend revocation of any permit issued or granted under section 5. 60. 040 of this code if, after investigation the permittee is determined to be a person who is not of good moral character or who is determined not to be a proper person to conduct or work at said business , or upon receipt of evidence that the permittee is engaging in immoral, improper or otherwise objectionable conduct or behavior. When- ever permit or license shall have been revoked under the terms of this section, no other application for a permit to carry on a similar business by such person shall be considered for a period of one year from the date of such revocation. (Ord. 2045 , 5 May 76 )- 5.60.090 Permit--Revocation--Hearing. No permit shall be revoked until a hearing thereon shall have been had by the city council, notice of which hearing shall have been given in writing and served at least ten (10) days prior to the date of such hearing upon the holder of such permit , his manager or agent , which notice shall state the grounds of the complaint against the holder of such permit , and the time and place where the hearing will be held. The notice shall be served on the holder of such permit by delivering the same to the holder, his manager or agent , or by leaving the notice at the place of business or residency of such holder with some adult person. If the holder of the permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of the notice shall be addressed to the holder of such permit at his place of business and deposited in the United States mail at Huntington Beach, California, with postage thereon fully prepaid, at least ten (10 ) days prior to date of such hearing. The time of such notice may be shortened by the city council with the written consent of the holder of the permit . (Ord. 2045, 5 May 76) 5 .60.100 Premises open for inspection. Every person engaged in the business of operating a figure model studio shall be open at all times during business hours to the inspection of the chief of police or any other officer of the city. A person operating a figure model studio shall be responsible for and shall provide that any room or area used for the purpose 174 ``� 5 . 60. 110--5. 60. 150 of figure modeling shall be readily accessible at all times and shall be open to view in its entirety for inspection by the chief of police or any other officer of the city. No door shall 'be se- cured in any manner so as to impede inspection during normal busi- ness hours . (Ord . 2045 , 5 May 76 ) 5 . 60. 110 Premises open for inspection--Communication device . No person operating a figure model studlo shall perm t any type of communication device to be installed or used in any manner on the premises so as to interfere with or hinder inspections by the chief of police or any other officer of the city. (Ord. 2045 , S May 76) S . 60. 120 Employment of unlicensed figure models . No per- mittee or operator of a figure model studio shall employ, or uti - lize the services in any way of a figure model who does not pos- sess a valid and subsisting permit to work for the permittee. (Ord. 2045 , 5 May 76) 5 . 60. 130 Figure model permit- -Displa The permit issued by the chief of olice to a figure model s 1 be retained on the person of such figure model while actually engaged in such activ- ity and shall be displayed to any police officer or other officer of the city upon demand. (Ord. 2045, 5 May 76) �-� 5 . 60. 140 Figure model permit--Return upon nonemployment . The permit issuea by the chief of police to a person to act as a fig- ure model for a licensed figure model studio shall be returned by such figure model to the chief of police within five (5) days after such figure model is no longer so employed. (Ord. 2045, 5 May 76) 5 . 60. 1S0 Rules and regulations . Subject to the approval of the city administrator, the chief of police may make such rules and regulations , not inconsistent with the requirements hereof , governing figure model studios and/or figure models . (Ord. 2045 , 5 May 76) Chapter 5 . 64 BINGO GAMES Sections : 3/37 5 . 64. 010 Definitions . 5. 64. 01S Permit--Required. S . 64. 020 Organizations eligible for city permit to conduct bingo games . 5 . 64. 030 Application for permit. 175 a 5.64.010--5. 64.020 Sections : (Continued) i 5.64.040 Applicant must be qualified. 5.64.050 Contents of application. 5.64.060 Investigation of applicant . 5.64.070 Contents of permit . 5.64.080 Suspension of permit. 5.64.090 Suspension of permit--Appeal procedure. 5.64. 100 Maximum amount of prize. 5.64.110 Profits to be kept in separate fund or account . 5.64. 115 Disbursements from fund or account. 5.64.120 Financial interest in permittee only. 5.64. 130 Exclusive operation by permittee. 5.64.140 Bingo games open to public. 5.64.150 Attendance limited to occupancy capacity. 5.64. 160 Bingo games conducted only on permittee' s property. 5.64. 170 Minors not to participate. 5.64.180 Intoxicated persons not to participate. 5.64.190 Hours and days of operation. 5.64. 200 Participant must be present. 5.64.010 Definitions . "Bingo game, " as used in this chapter, means a game of chance in which prizes are awarded on the bais of designated numbers or symbols on a card which conform to numbers or symbols selected at random and which game is either : (a) Conducted among persons any or all of whom have paid or promised to pay, any valuable consideration for the right to par- ticipate in such game; or (b) Conducted among persons none of whom has paid, or prom- ised to pay, any valuable consideration for the right to partici- pate where the total value of the prizes awarded in such game ex- ceeds twenty-five dollars (W) . (Ord. 2446, 3 Sep 80; Ord. 2220, 10/77; Ord. 2102, 9/76) 5.64. 015 Permit--Required. No person shall conduct any bingo game within the city of Huntington Beach without first obtaining a permit to do so from the city pursuant to this chapter. Any per- son conducting a bingo game without a permit to do so as required by this chapter shall be guilty of a misdemeanor. (Ord. 2220, 19 Oct 77) 5 .64.020 Organizations eligible for city permit to conduct bingo games. No person shall be eligible for a bingo permit un- less such person is a mobilehome park association or a senior citizens organization or is an organization exempt from the pay- ment of the bank and corporation tax by any one of the following: sections 23701a, 23701b, 23701d, 23701e, 23701f, l L75-1 5 . 64. 030--5 . 64.050 23701g or 237011 of the California Revenue and Taxation Code ; and provided that the proceeds of such games are used only for chari- table purposes . (Ord . 2220 , 19 Oct 77 ; Ord . 2102 , 9/76) 5 . 64. 030 Applications for permit. Eligible organizations de- siring to obtain suchpermit to con uct bingo games in the city of Huntington Beach shall file an application in writing therefor in the office of the license supervisor on a form to be provided by the license supervisor. The issuing authority shall be the city administrator. (Ord . 2220 , 19 Oct 77 ; Ord. 2102 , 9/76 ) 5 . 64.040 Applicant must_ be qualified . No permit shall be is- sued to any organization unless such applicant is an eligible or- ganization under section 326. 5 of the California Penal Code and section 5 . 64 . 020 of this chapter and its application conforms .to the requirements , terms and conditions of this chapter. (Ord. 2220 , 19 Oct 77 ; Ord . 2102 , 9/76) 5 . 64.050 Contents of application. Said application for a permit sTia contain the o oowwing : (a ) The name of -the applicant organization and a statement that applicant is an eligible organization under section 5 . 64 . 020 . (b ) The name and signature of at least two ( 2) officers , in- cluding the presiding officer , of the organization. (c ) The particular property within the city of Huntington Beach , including the street number , owned or leased by the appli - cant , used by such applicant for an office or for performance of the purposes for which the applicnt is organized., on which pro- perty bingo games will be conducted , together with the occupancy load as noted on the certificate of occupancy issued for such pro- perty. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (d ) Proposed days of week and hours of day for conduct of bingo games . (e ) That the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326 . 5 of the Penal Code and this chapter as they may be amended from time to time , and agrees that the permit to conduct bingo games may be re- voked by the city administrator upon violation of any of such pro- visions . (f ) Said application shall be signed by the applicant under penalty of perjury. '" 175 -2 5 . 64 . 060- -5 . 64. 070 (g) An annual permit fee fixed by the city council by resolu- tion shall accompany the application . The annual fee , whether for the initial permit or renewal shall not exceed fifty dollars ($SO) . If an application for a license is denied , one-half of any license fee paid shall be refunded to the organization. (h) The applicant shall also submit , with its application, written proof that it is a mobilehome park association or a senior citizens organization or written proof from the State Franchise Board that it is an organization exempt from the payment of the bank and corporation tax by any one of the following : sections 23701a , 23701b , 23701d , 2370le , 23701f , 23701g or 237011 of the Revenue and Taxation Code of the state of California . Such written proof must be in a form acceptable to the city of Huntington Beach. (Ord . 2220 , 19 Oct 77 ; Ord . 2102 , 9/76) 5 . 64. 060 Investigation of applicant . Upon receipt of the completed application and the fee , the -finance director shall re- fer the same to interested departments of the city, including but not limited to the city administrator , police department , and the fire department for i-nvestigation as to whether or not all the statements in the application are true and whether or not the pro- perty of the applicant qualifies , and the extent to which it qual - ifies , as property on which bingo games may lawfully be conducted as to fire , occupancy and other applicable restrictions . (Ord . 2220 , 19 Oct 77 ; Ord . 2102 , 9/76) 5 . 64.070 Contents of permit . Upon being satisfied that the applicant is fully qualifiedunder law to conduct bingo games in the city of Huntington Beach , the city administrator shall issue a permit to said applicant , which shall contain the following infor- mation: (a) The name and nature of the organization to whom the per- mit is issued . (b ) The address where bingo games are authorized to be con- ducted . (c) The occupancy load is noted on the certificate of occu- pancy issued for the property in which bingo games are to be con- ducted . (d ) The date of the expiration of such permit . (e ) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter . (Ord . 2220 , 19 Oct 77 ; Ord . 2102 , 9/76) 175 -3 5 . 64. 080--5, 64, 110 5 . 64. 080 Suspension of Rermit. (a) Whenever it appears to �... the city a m nistrator that a permittee is conducting a bingo game in violation of any of the provisions of this chapter, the city administrator shall have the authority to suspend the permit and order the permittee to cease and desist immediately any further operation of any bingo game. (b ) Any person who continues to conduct a bingo game after after suspension thereof under subsection (a) above shall be guilty of a misdemeanor . (Ord. 2220, 19 Oct 77 ; Ord. 2102 , 9/76) 5 . 64, 090 Suspension of permit--A peal procedure . The proce- dure for dppFial following suspension of permit is as follows: (a) Within seven (7) days after the receipt of the notice of suspension, the applicant shall file a notice of apeal with the city clerk, addressed to the city council , and stating the basis of the appeal . (b) The city clerk shall schedule a hearing to be held within fifteen (1S) days of the filing of the notice of appeal . The city clerk shall cause the applicant to be given notice of the hearing by certified mail at least five ( S) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the city council , and make an oral presentation of !� the appeal , or he may make the appeal through a written statement , or he may do both. The city council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final . (Ord. 2220 , 19 Oct 77 ; Ord . 2102 , 9/76) 5 . 64, 100 Maximum amount of prize, The total value of prizes awarded uring the conduct or-any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind , or both, for each separate game which is held . (Ord. 2220 , 19 Oct 77 ; Ord . 2102 , 9/76) 5 . 64. 110 Profits to be kept in separate fund or account. With respect to organizations exempt from payment of the--bank and corporation tax by section 23701d of the Revenue and Taxation Code , all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account . Such profits shall be used only for charitable purposes . With respect to other organizations authorized to con- duct bingo games pursuant to this section , all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account . Such pro- ceeds shall be used only for charitable purposes , except as follows : �.. 175-4 5.64. 115--5. 64. 130 (a) Such proceeds may be used for prizes. . (b) A portion of such proceeds, not to exceed 10 percent of the proceeds after the deduction for prizes, or five hundred dol- lars ($500) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. The city of Huntington Beach, by and through its authorized officers, shall have the right to examine and audit all books and records of any permittee hereunder at any reasonable time and per- mittee shall fully cooperate with the city of Huntington Beach by making such books and records available. (Ord. 2220, 19 Oct 77; Ord. 2102, 9/76) 5.64.115 Disbursements from fund or account. All disburse- ments from the special bingo fund or account shall be by consecu- tively-numbered checks, signed by two authorized officers of the permittee organization and shall be payable to a specific individ- ual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No checks shall be payable to "cash" except those written to establish and maintain a petty cash fund which shall contain no more than twenty-five dollars ($25) at any time. The check shall be marked "For deposit to petty cash fund. " Any disbursement from the petty cash fund shall be evidenced by a receipt showing the amount, rea- son for disbursement, and the name of the individual or organiza- tion receiving the money. (Ord. 2694, 4 Jul 84) 5.64.120 Financial interest in permittee only. No individ- ual, corporation, partnership, or other legal entity except the permittee, shall hold a financial interest in the conduct of such bingo game. (Ord. 2220, 19 Oct 77 ; Ord. 2102, 9/76) 5. 64. 130 Exclusive operation by permittee. (a) A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the permitee shall operate such game, or participate in the promotion, supervision, or any other phase of such game. (b) One member of the permittee organization shall be desig- nated as the "bingo manager, " and shall be responsible for the conduct and operation of bingo games, and for compliance with all applicable laws, rules and regulations promulgated thereunder . i (c) All staff members of permittee organization shall wear on the outside of their clothing an identification tag or badge, not less than 2 1/2" x 3 1/2" in dimension, bearing the name of the staff member �.nd the permittee organization. (Ord. 2694, 175-5 5. 64. 140--5.64. 190 4 Jul 84; Ord. 2220, 19 Oct 77 ; Ord. 2102, 9/76) 5.64.140 Bingo games open to public. All bingo games shall be open to the public, not just to the members of the permittee organization. (Ord. 2220, 19 Oct 77; Ord. 2102, 9/76) 5.64.150 Attendance limited to occupancy capacity. Notwith- standing that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and department of building and community development of the city of Huntington Beach in accordance with applicable laws and regulations . Permittee shall not reserve seats or space for any person. (Ord. 2220, 19 Oct 77; Ord. 2102 , 9/76) 5.64. 160 Bingo games conducted only on permittee 's property. A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organi- zation is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the per- mittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, a' upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the pur- poses for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (Ord. 2220, 19 Oct 77; Ord. 2102, 9/76) 5.64.170 Minors not to participate. No person under the age of eighteen 1 years of age shall be allowed to participate in any bingo game. (Ord. 2220, 19 Oct 77; Ord. 2102, 9/76) 5.64.180 Intoxicated persons not to participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 2220, 19 Oct 77; Ord. 2102, 9/76) 5.64.190 Hours and days of operation. No permittee shall conduct bingo games on more than one 1 day during any seven (7 ) day period, or more than six (6) hours out of any twenty-four ( 24) hours during such seven (7 ) day period. Provided, however, that one week each year, a permittee, upon written application to the city license division, filed thirty ( 30) days prior to the first bingo game, after approval thereof, may conduct games on three ( 3) days during one seven ( 7 ) day period. Operation shall otherwise 175-6 5 . 64.200 be in compliance with this chapter. No bingo games shall be con- ducted between 2 a.m. and 10 a.m. of any day. (Urg. Ord. 2728, 9/4/84; Ord. 2446, 9/80; Ord. 2220, 10/77; Ord. 2102, 9/76) 5. 64. 200 Participant must be present. No person shall be allowed to participate in a bingo game unless the person is physi- cally present at the time and place at which the bingo game is being conducted. Ord. 2220, 19 Oct 77 ; Ord. 2102, 9/76) f 175-6a > Huntington Beach Municipal Code 5.60.010--5.60.010(c) Chapter 5.60 FIGURE MODEL STUDIOS (2045-5/76, 2087-7/76, format change 6/92) Sections: 5.60.010 Definitions 5.60.012 Disrobing prohibited 5.60.015 Disrobing prohibited--Sign 5.60.020 Permit--Required 5.60.030 Permit--Application 5.60.040 Permit--Issuance 5.60.050 Investigation fees 5.60.060 Permit--Refusal--Appeal 5.60.070 Permit--Temporary--Suspension 5.60.080 Permit--Revocation 5.60.090 Permit--Revocation--Hearing 5.60.100 Premises open for inspection 5.60.110 Premises open for inspection--Communication device 5.60.120 Employment of unlicensed figure models 5.60. 130 Figure model permit--Display 5.60. 140 Figure models permit--Return upon nonemployment 5.60. 150 Rules and regulations 5.60.010 Definitions. The following terms used in this chapter shall have the meanings indicated below: (a) "Figure model studio" means any premises where there is conducted the business of furnishing, providing, or procuring figure models who pose for the purpose of being observed or viewed by any person, or being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude or seminude before persons who pay a fee, or any other thing of value, as consideration, compensation, or gratuity, for the right or opportunity so to depict a figure model , or for admission to, permission to, or as a condition of, remaining upon the premises. Figure model studio does not include any studio or classroom which is operated by any state college or public junior college or school wherein the person operating said studio or classroom has met the requirements established in Division 21 of the Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma of honorary diploma. (b) "Figure model " means any person, male or female, who poses to be observed, viewed, sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted. (c) "Nude" or "semi-nude" means the exposure of male or female genitals , vulva, anus , pubic hair or cleft of the buttocks; or the exposure of any device which is intended to simulate either the male or female genitals, vulva, anus, pubic hair or cleft of the buttocks; or the exposure by any female of any portion of her breasts at or below the areola. (2045-5/76) 6/92 5.60.012--5.60.070 Huntington Beach Municipal Code 5.60.012 Disrobing prohibited. No person operating a figure model studio shall allow any customer or patron to disrobe while on the premises. (2087-7/76) 5.60.015 Disrobing prohibited--Sign. A person operating a figure model studio shall cause a sign to be posted in a conspicuous place visible from the main entrance of the establishment. Said sign shall contain the following message in letters of at least one and one-half inches in height and a corresponding width: "PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES. " (2087-7/76) 5.60.020 Permit--Required. No person shall engage in, conduct, manage or carry on the business of nude or semi-nude modeling, simulated nude or semi-nude modeling, or conduct, manage or carry on any place where such modeling is available or open to the public without a written permit. No person shall act as a nude or semi-nude model or simulated nude or semi-nude model for a fee or gratuity without a written permit from the Chief of Police. A figure model studio permit shall not be issued to any person under eighteen (18) years of age or to a partnership, association or corporation, any officer or manager of which is under eighteen (18) years of age. (2045-5/76) 5.60.030 Permit--Application. Each person, before obtaining a permit to carry on the business of nude or semi-nude modeling or any form of simulated nude or semi-nude modeling for a fee or gratuity, shall make a written application to and upon forms furnished by the Chief of Police, which shall be signed by such applicant. In addition to any other information which may reasonably be required by the Chief of Police, the application shall show the true name of the applicant, any previously used fictitious name or names , his age, present address, proposed business address, and the business name and address of any similar businesses previously or currently conducted by the applicant. The applicant shall furnish his fingerprints and a recent photograph of himself to the Chief of Police. (2045-5/76) 5.60.040 Permit--Issuance. The Chief of Police shall issue such permit to such applicant if it shall reasonably appear to him, after investigation, that the applicant possesses good moral character and is a proper person to conduct or work at such business. The Chief of Police shall issue such permit to the applicant or deny such application within sixty (60) days from the date of receipt of the application and investigation fees. (2045-5/76) 5.60.050 Investigation fees. A fee of twenty-five dollars ($25) shall be paid upon the filing of each application for a permit for the purpose of defraying investigation costs and expenses incidental to the processing of said application. The fee shall be payable to the City Clerk. Fees are not refundable. (2045-5/76) 5.60.060 Permit--Refusal--Appeal . Any applicant for a permit as defined in section 5.60.030 which is refused a permit by the Chief of Police may within ten (10) days of notice of refusal , appeal the refusal to the City Council . (2045-5/76) 5.60.070 Permit--Temporary--Suspension. Upon recommendation of the Chief of Police, the City Administrator may temporarily suspend the permit of any 6/92 Huntington Beach Municipal Code 5.60.070--5.60. 100 person holding same in the City, upon receiving satisfactory evidence that the permittee has been arrested or indicted for any violation of the provisions of this chapter or any other law or ordinance of the City or state relating to such business. Said temporary suspension shall remain in effect until such time as the criminal charges are dismissed entirely or the permittee is acquitted of the pending criminal charges or the permit is revoked, according to section 5.24.080 of this code. Whenever the permit shall have been temporarily suspended under the terms of this section, no other application for permit to carry on a similar business by such person shall be considered during the period of suspension. The action of the City Administrator in temporarily suspending a permit under this section is appealable by the permittee to the City Council . Such appeal must be taken in writing within ten (10) days after notice is given by the City Administrator to the permittee of such suspension. The City Council may sustain, overrule or modify the administrator' s order of suspension. (2045-5/76) 5.60.080 Permit--Revocation. The City Council may revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the permittee or licensee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this section or any other law or ordinance of the City or State relating to such business, or upon the recommendation of the Chief of Police. The Chief of Police may recommend revocation of any permit issued or granted under section 5.60.040 of this code if, after investigation the permittee is determined to be a person who is not of good moral character or who is determined not to be a proper person to conduct or work at said business, or upon receipt of evidence that the permittee is engaging in immoral , improper or otherwise objectionable conduct or behavior. Whenever permit or license shall have been revoked under the terms of this section, no other application for a permit to carry on a similar business by such person shall be considered for a period of one year from the date of such revocation. (2045-5/76) 5.60.090 Permit--Revocation--Hearing. No permit shall be revoked until a hearing thereon shall have been had by the City Council , notice of which hearing shall have been given in writing and served at least ten (10) days prior to the date of such hearing upon the holder of such permit, his manager or agent, which notice shall state the grounds of the complaint against the holder of such permit, and the time and place where the hearing will be held. The notice shall be served on the holder of such permit by delivering the same to the holder, his manager or agent, or by leaving the notice at the place of business or residency of such holder with some adult person. If the holder of the permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of the notice shall be addressed to the holder of such permit at his place of business and deposited in the United States mail at Huntington Beach, California, with postage the fully prepaid, at least ten (10) days prior to date of such hearing. The time of such notice may be shortened by the City Council with the written consent of the holder of the permit. (2045-5/76) 5.60.100 Premises open for inspection. Every person engaged in the business of operating a figure model studio shall be open at all times during business hours to the inspection of the Chief of Police or any other officer C", of the City. 6/92 5.60.100--5.60. 150 Huntington Beach Municipal Code A person operating a figure model studio shall be responsible for and shall provide that any room or area used for the purpose of figure modeling shall be readily accessible at all times and shall be open to view in its entirety for inspection by the Chief of Police or any other officer of the City. No door shall be secured in any manner so as to impede inspection during normal business hours . (2045-5/76) 5.60.110 Premises open for inspection--Communication device. No person operating a figure model studio shall permit any type of communication device to be installed or used in any manner on the premises so as to interfere with or hinder inspections by the Chief of Police or any other officer of the City. (2045-5/76) 5.60.120 Employment of unlicensed figure models. No permittee or operator of a figure model studio shall employ, or utilize the services in any way of a figure model who does not possess a valid and subsisting permit to work for the permittee. (2045-5/76) 5.60.130 Figure model permit--Display. The permit issued by the Chief of Police to a figure model shall be retained on the person. of such figure model while actually engaged in such activity and shall be displayed to any police officer or other office of the City upon demand. (2045-5/76) 5.60.140 Figure model permit--Return upon nonemployment. The permit issued by the Chief of Police to a person to act as a figure model for a licensed figure model studio shall be returned by such figure model to the Chief of Police within five (5) days after such figure model is no longer so employed. (2045-5/76) 5.60.150 Rules and regulations. Subject to the approval of the City Administrator, the Chief of Police may make such rules and regulations, not inconsistent with the requirements hereof, governing figure model, studios and/or figure models. (2045-5/76) 6/92 Huntington Beach Municipal Code 5.64.010 Chapter 5.64 BINGO GAMES (2102-9/76, 2220-10/77, 2446-9/80, 2694-7/84, Urg. Ord. 2728-9/84, 3137-6/92) Sections• 5.64.010 Definitions 5.64.015 Permit--Required 5.64.020 Organizations eligible for city permit to conduct bingo games 5.64.030 Application for permit 5.64.040 Applicant must be qualified 5.64.050 Contents of application 5.64.060 Investigation of applicant 5.64.070 Contents of permit 5.64.080 Suspension of permit 5.64.090 Suspension of permit--Appeal procedure 5.64.100 Maximum amount of prize 5.64. 110 Profits to be kept in separate fund or account 5.64.115 Disbursements from fund or account 5.64. 120 Financial interest in permittee only 5.64. 130 Exclusive operation by permittee 5.64.140 Bingo games open to public 5.64. 150 Attendance limited to occupancy capacity 5.64. 160 Bingo games conducted only on permittee' s property 5.64. 170 Minors not to participate 5.64. 180 Intoxicated persons not to participate 5.64. 190 Hours and days of operation 5.64.200 Participant must be present 5.64.010 Definitions. "Bingo game," as used in this chapter, means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random and which game is either: (a) Conducted among persons any or all of whom have paid or promised to pay, any valuable consideration for the right to participate in such game; or (b) Conducted among persons none of whom has paid, or promised to pay, any valuable consideration for the right to participate where the total value of the prizes awarded in such game exceeds twenty-five dollars ($25) . (2102-9/76, 2220-10/77, 2446-9/80) 5.64.015 Permit--Required. No person shall conduct any bingo game within the City of Huntington Beach without first obtaining a permit to do so from the City pursuant to this chapter. Any person conducting a bingo game without a permit to do so as required by this chapter shall be guilty of a MISDEMEANOR. (2220-10/77) 5.64.020 Organizations eligible for city permit to conduct bingo games. No person shall be eligible for a bingo permit unless such person is a mobilehome park association or a senior citizens organization or is an organization exempt from the payment of the bank and corporation tax by any one of the 6/92 r y 5.64.020--5.64.050(h) Huntington Beach Municipal Code following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) or 237010 ) of the California Revenue and Taxation Code; and provided that the proceeds of such games are used only for charitable purposes. (2102-9/76, 2220-10/77) 5.64.030 Applications for permit. Eligible organizations desiring to obtain such permit to conduct bingo games in the City of Huntington Beach shall file an application in writing therefor in the Office of the License Supervisor on a form to be provided by the License Supervisor. The issuing authority shall be the City Administrator. (2102-9/76, 2220-10/77) 5.64.040 Applicant must be qualified. No permit shall be' issued to any organization unless such applicant is an eligible organization under section 326.5 of the California Penal Code and section 5.64.020 of this chapter and its application conforms to the requirements, terms and conditions of this chapter. (2102-9/76, 2220-10/77) 5.64.050 Contents of application. Said application for a permit shall contain the following: (a) The name of the applicant organization and a statement that applicant is an eligible organization under section 5.64.020. (b) The name and signature of at least two (2) officers, including the presiding officer, of the organization. (c) The particular property within the City of Huntington Beach, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy load as noted on the certificate of occupancy issued for such property. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (d) Proposed days of week and hours of day for conduct of bingo games. (e) That the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Administrator upon violation of any of such provisions. (f) Said application shall be signed by the applicant under penalty of perjury. (g) An annual permit fee fixed by the City Council by resolution shall accompany the application. The annual fee, whether for the initial permit or renewal shall not exceed fifty dollars ($50) . If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (h) The applicant shall also submit, with its application, written proof that it is a mobilehome park association or a senior citizens organization or written proof from the state franchise board that it is an organization exempt from the payment of the bank and corporation tax by any one of the 6/92 Huntington Beach Municipal Code 5.64.050(h)--5.64.090(b) following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701(g) or 23701 (1 ) of the Revenue and Taxation Code of the state of California. Such written proof must be in a form acceptable to the City of Huntington Beach. (2102-9/76, 2220-10/77) 5.64.060 Investigation of applicant. Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the City, including but not limited to the City Administrator, Police Department, and the Fire Department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies , as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. (2102-9/76, 2220-10/77) 5.64.070 Contents of permit. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Huntington Beach, the City Administrator shall issue a permit to said applicant, which shall contain the following information: (a) The name and nature of the organization to whom the permit is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy load is noted on the certificate of occupancy issued for the property in which bingo games are to be conducted. (d) The date of the expiration of such permit. (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (2102-9/76, 2220-10/77) 5.64.080 Suspension of permit. (a) Whenever it appears to the City Administrator that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the City Administrator shall have the authority to suspend the permit and order the permittee to cease and desist immediately any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after suspension thereof under subsection (a) above shall be guilty of a MISDEMEANOR. (2102-9/76, 2220-10/77) 5.64.090 Suspension of permit--Appeal procedure. The procedure for appeal following suspension of permit is as follows: (a) Within seven (7) days after the receipt of the notice of suspension, the applicant shall file a notice of appeal with the City Clerk, addressed to the City Council , and stating the basis of the appeal . (b) The City Clerk shall schedule a hearing to be held within fifteen (15) days of the filing of the notice of appeal . The City Clerk shall cause the applicant to be given notice of the hearing by certified mail at least five (5) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the City Council , and 6/92 5.64.090(b)--5.64. 130(a) Huntington Beach Municipal Code make an oral presentation of the appeal , or he may make the appeal through a � written statement, or he may do both. The City Council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final . (2102-9/76, 2220-10/77) 5.64.100 Maximum amount of prize. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held. (2102-9/76, 2220-10/77) 5.64.110 Profits to be kept in separate fund or account. With respect to organizations exempt from payment of the bank and corporation tax by section 23701 (d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: (a) Such proceeds may be used for prizes. (b) A portion of such proceeds, not to exceed 10 percent of the proceeds after the deduction for prizes, or five hundred dollars ($500) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. The City of Huntington Beach, by and through its authorized officers, shall have the right to examine and audit all books and records of any permittee hereunder at any reasonable time and permittee shall fully cooperate with the City of Huntington Beach by making such books and records available. (2102-9/76, 2220-10/77) 5.64.115 Disbursements from fund or account. All disbursements from the special bingo fund or account shall be by consecutively-numbered checks , signed by two authorized officers of the permittee organization and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No checks shall be payable to "cash" except those written to establish and maintain a petty cash fund which shall contain no more than twenty-five dollars ($25) at any time. The check shall be marked "For deposit to petty cash fund. " Any disbursement from the petty cash .fund shall be evidenced by a receipt showing the amount, reason for disbursement, and the name of the individual or organization receiving the money. (2694-7/84) 5.64.120 Financial interest in permittee only. No individual , corporation, partnership, or other legal entity except the permittee, shall hold a financial interest in the conduct of such bingo game. (2102-9/76, 2220-10/77) 5.64.130 Exclusive operation by permittee. (a) A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage or 6/92 Huntington Beach Municipal Code 5.64. 130(a)--5.64. 190 salary from any bingo game. Only the permittee shall operate such game, or participate in the promotion, supervision, or any other phase of such game. (b) One member of the permittee organization shall be designated as the "bingo manager," and shall be responsible for the conduct and operation of bingo games, and for compliance with all applicable laws , rules and regulations promulgated thereunder. (c) All staff members of permittee organization shall wear on the outside of their clothing an identification tag or badge, not less than 2 1 /2" x 3 1/2" in dimension, bearing the name of the staff member and the permittee organization. (2102-9/76, 2220-10/77, 2694-7/84) 5.64.140 Bingo games open to public. All bingo games shall be open to the public, not just to the members of the permittee organization. (2102-9/76, 2220-10/77) 5.64.150 Attendance limited to occupancy capacity. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Community Development Department of the City of Huntington Beach in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person. (2102-9/76, 2220-10/77) 5.64.160 Bingo games conducted only on permittee' s property. A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (2102-9/76, 2220-10/77) 5.64.170 Minors not to participate. No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. (2102-9/76, 2220-10/77) . 5.64.180 Intoxicated persons not to participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (2102-9/76, 2220-10/77) 5.64.190 Hours and days of operation. No permittee shall conduct bingo games on more than one (1 ) day during any seven (7) day period, or more than six (6) hours out of any twenty-four (24) hours during such seven (7) day period. Provided, however, that one week each year, a permittee, upon written application to the City License Division, filed thirty (30) days prior to the 6/92 I 5.64. 190--5.64.200 Huntington Beach Municipal Code first bingo game, after approval thereof, may conduct games either three (3) days during one seven (7) day period, or one game for no more than twelve (12) ~ hours. Operation shall otherwise be in compliance with this chapter. No bingo games shall be conducted between 2 a.m. and 10 a.m. of any day. (2102-9/76, 2220-10/77, 2446-9/80, Urg. Ord. 2728-9/84, 3137-6/92) 5.64.200 Participant must be present. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted. (2102-9/76, 2220-10/77) i 6/92 City Clerk' s Office ------------( FC) -- ( 2 ) ------------ Evelyn Counter CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 5/19/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 2.103 Chapter 2.103 Chapter 10.44 Chapter 10.44 i 91i r'-- CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 5/19/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 906 Article 906 Article 930 Article 930 i I Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81., . 2490-7/81 , Urg. 2604-1 /73, 2620-7/831 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , .3126-1 /92) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to .classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture Rl Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial MI-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space Sl Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 1/92 ,4 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/611, 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg.' 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83,, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) - '9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92) f j 1 /92 9300 Chapter 93 SPECIAL DEVELOPMENTS Articles: 930 Specific Plans 936.5 Residential Condominium Conversion 937 North Huntington Center Specific Plan Article 930 j SPECIFIC PLANS (2550-5/82, 2606-3/83, 2617-6/83, 2647A-11 /83, 2647B-11 /83, 2647C-11 /83, 2797-10/85, 2929-4/88, 2942-6/88, 2959-10/88, 2960-10/88, '2970-12/88, 2981-1 /89, 2998-7/89, 3001-7/89) (Not Codifiable)- Waterfront Master Plan: 2962-11 /88) i Sections: 9300 Specific plans 9300 Specific plans. The following specific plans are on file in the office of the City Clerk and the Department of Community Development: (a) Seabridge Specific Plan. (2550-5/82, 2606-3/83, 2617-6/83, 2797-10/85) (b) Huntington Harbor Bay Club Specific Plan. (2606-3/83) (c) Downtown Specific Plan (c-1 ) Downtown Specific Plan Areas 1 , 7, and 8-A. (2647A-11 /83, 2942-6/88) (c-2) Downtown Specific Plan Areas 2 and 6. (2647B-11 /83) (c-3) Downtown Specific Plan Areas 3, 4, 5, 8-B, 9, 10 and 11 . (2647C-11 /83, 2960-10/88, 2981-1 /89) (d) Seacliff Specific Plan No 1 . (2959-10/88) (e) Ellis-Goldenwest Specific Plan. (2998-7/89) (f) Meadowlark Specific Plan. (2970-11 /88, 3001-7/89, 3081-1.2/90) 5 12/90 C 2 . 103.010--2. 103.040 -� Chapter 2 .103 HUMAN RESOURCES BOARD Sections• 2. 103.010 Established . 2 . 103 .020 objectives . 2. 103 .030 Composition . 2 . 103 .040 Operating Policies 2.103 .010 Established. There is hereby created the human resources board . Ord. 2385 , 18 Jul 79) 2 . 103 .020 Objectives . The purposes of the human resources board shall be to: (a ) Serve as the coordinating and recommending vehicle for human service research, evaluating and planning services for agencies and organizations of the greater Huntington Beach area . (b ) Seek to enhance communication, cooperation and coordi- nation among agencies , organizations and individuals providing human services to the residents of the greater Huntington Beach area . (c ) Serve as a recommending party to the city council and West Orange County United Crusade, and perform such other duties as may, from time to time, be properly assigned or designated to it by the city council . (Ord . 2385 , 18 Jul 79) 2 . 103.030 Composition. The board shall consist of not more than eighteen members to be appointed by the city council for terms of four years . Members shall include seven at-large members , the chairman or designee of the Huntington Beach council on aging, the superintendent of the Huntington Beach Union High School District or his designee, one representative each from local churches , the health service field, and handicapped persons , and two representatives each from social services agencies , volunteers agencies, and human services providers . (Ord No. 2920 , 2 Dec 87 ) 2 . 103.040 Operating Policies. The board shall conform to the operating policy for boards and commissions as set forth in chapter 2 . 100 of this code . Ord. No . 2920 , 2 Dec 87) ( Prior law: Ord . 2385 , 7/79, 2920 , 12/87) 12/87 10.44.010--10.44.050 PARKING—TIMELI�15 (255-2/33, 276-11/25, 322-1/29, 373-7/34, 5334 48, 566-11/50., 1.1.55-8/65 1935-11/74, 2115-11/76, 2177-5/77, 2276-5/78, 2514-12/81 , 2644-12/83 2692-7/84, 2795-10/85., 2855-12%86,. 301.1-9/89) Sections: 10.44.010 Twelve or twenty-four minutes--Restricted hours 10.44.020 Twelve or twenty-four minutes--Violation, 10.44.030 One-hour parking 10.44.040 Two-hour parking 10.44:050 Penalty--Continuing violations 10.44.060 Oversized vehicle parking regulations 10.44.065 Exceptions 10.44.070 Arterial highway oversize vehicle parking regulations 1Q 44�01.0__._Twelve orw_en y-fQur minutes--Restricted hour. Green curb marking shall mean no standing or parking for a period of time longer than twelve or twenty-four minutes , as designated by signs, at any time between 9 a.m. and 6 p.m. on any -day except Sundays and holidays. (276-11/25•, 32271 /29, 533-7/48, 1155-8/.65) 10-44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb markings have been determined by the Director of Public Works to'be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb- marking or sign in violation thereof. (276-11/25, 322-1/29, 533-7/48, 1155-8/65) 10.44.030 One-hour parking. When authorized signs or curb ,markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than one hour. (255-2/23, 566-11/50, 1155-8/65) 10.44.040 _Two-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall ,stop, stand or park the vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidaysJor a period of time longer than- two hours. (322-1 /29, 373-7/34' 1155-8/65). 10-44.050 Penalty--Continuing violations. Any person violating any provision of this chapter shall , upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($100), provided further that each period of time a vehicle is left parked after the initial violation of; such provisions shall be deemed a separate offense,• equal 9/89 f a 10.44.050--10.44.070 i to the maximum legal parking time for the particular time zone or parking space as designated in sections setting the maximum legal time. (1155-8/65, 2276-5/78) 1Q•44•Q60 2v�r_ i ra.zgd._yehi.�le _p king__reggIgtions. ' No person shall park or leave standing upon any -public ,street or highway in :a residential district: (a) Any motor vehicle over twenty-five. (25) feet :long measured from the extreme forward point to the extreme rear point, including extensions; (b) Any motor vehicle, over ninety-six (96), inches wide, measured at its widest point excluding side-vi-ew mirrors or si-milar extensions; designed, used or maintained for the transportation of property; (c) Any motor vehicle, including ,buses, motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defined in the Vehicle Code, over ninety-six (96) inches wide, measured at i.ts widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; (d) Any motor vehicle which is designed, used or -maintained as farm machinery or a special purpose or equipment machine;'or (e) Any nonmotorized vehicle, such as a semitrailer, trailer,. trailer coach, utility trailer, two or more axle camper, of a one-axle camper, which has been detached from its drawing vehicle for a period not to exceed twenty-four (24) hours. (1935=11./74, 2115-.11/76, 2514-12/81 , '2855-12/86) :10_44Q5 Exceptions. Section 10.44.060 shall not apply to the "following: (a) Any oversized motor vehicle parked or standing for the purpose of - loading or unloading passengers or property for a period not to exceed twenty-four (24) hours; (b) Any 'oversized motor vehicle parked while used- in performing, or . assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four (24) consecutive hours to make emergency repairs to such vehicle; and (d) Any' nonmotorized vehicle, such as a semitrailer,. trailer, ' trailer coach, utility trailer, two or more axle camper, or a one-axle. camper , which has been detached from its drawing vehicle parked for a period not to exceed four (4) hours in any area other than a residential district. (1935-11/74, 2115-11 /76, 2514-12/81 , 2855-12/86) ,10_.44_.0.70 _ Arterial highway oversize- vehicle parking regulations. (a) Except as provided in subsection (b) and (c) hereof, no person shall park or leave standing upon any arterial highway between the -hours -of 9 p.m. and 4 a.m. , or for longer than two (2) hours at any other time, 9/89 n 10.44.070 any motor vehicle over eighty-four (84) inches high, measured from the surface of the roadway to its highest point, or over eighty-four (84) inches wide, measured from its widest point, excluding side view mirrors or similar extensions on any of the following highways in the City of Huntington Beach: Adams Avenue Gothard Street Algonquin Street Graham Street Argosy Avenue Hamilton Avenue Atlanta Avenue Heil Avenue Banning Avenue Indianapolis Avenue Beach Boulevard Magnolia Street Bolsa Avenue McFadden Avenue Bolsa Chica Street Newland Street Brookhurst Street Pacific Coast Highway ' Bushard Street Seventeenth Street Center Avenue Slater Avenue Edinger Avenue Springdale Street Edwards Street Talbert Avenue Ellis Avenue Ward Street Garfield Avenue Warner Avenue Goldenwest Street Yorktown Avenue (2177-5/77, 2644-12/83, 2692-7/84, 2795-10/85, 2855-12/86, 3011-9/89) 9/89 I 1 i City Clerk' s Office Evel n ----- (FC) -- ( 2) ------------ Y Counter CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 4/1/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 8.40 a Chapter 8.40 S - �v 8.40. 010--8.40. 020 Chapter 8. 40 NOISE CONTROL Sections : 8.40. 010 Declaration of policy. 8.40.020 Definitions . 8.40. 030 Noise level measurement criteria. 8.40. 040 Designated noise zones. 8.40. C50 Exterior noise standards . 8.40.060 Exterior noise levels prohibited. 8.40. 070 Interior noise standards . 8.40.080 Interior levels of noise prohibited . 8.40. 090 Special provisions. 8:40. 100 Schools , hospitals and churches--Special provisions. 8.40. 110 Air conditioning, refrigeration--Special provisions. 8 .40.111 Prohibited noises. 8.40. 120 Manner of enforcement . 8.40. 130 Variance procedure. 8.40.140 Noise variance board. 8.40. 150 Appeals . 8.40.160 Appeals--Notice of hearing. 8.40. 170 Action of council . 6.40.180 Violations--Misdemeanor . 8. 40. 01C) Declaration of policy. In order to control un- necessary, Excessive and annoying sounds emanating from incor- porated areas of the city, it is hereby declared to be the pol- icy of the city to prohibit such sounds generated from all sources as specified in this chapter . It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest ; therefore, the city council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by, or not in conformity with the provisions of this chapter , is -a public nuisance and shall be punishable as such. (Ord . 2379, 18 Jul 79) 8.40. 020 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning as indi- cated below: 216-1 F t 8. 40. 020 ( a) "Ambient noise level" shall mean the gill-encompassing noise level associated with a given environment, being a com- posite of sounds from all sources, excluding the alleged offen- sive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. ( b) " Commercial property" shall mean a parcel of real property which is developed and used either in part or in whole for commercial purposes including, but not limited to, retail and wholesale businesses and professional offices. (c ) " Cumulative period" shall mean an additive period or time composed of individual time segments which may be continu- ous or interrupted. (d ) "Decibel" (db) shall mean a unit which denotes the ratio between two ( 2 ) quantities which are proportional to power ; the number of decibels corresponding to the ratio of two ( 2 ) amounts of power is ten ( 10 ) times the logarithm to the base ten ( 10 ) of this ratio. ( e) "Emergency machinery, vehicle or work" shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. (f ) "Faxed noise source" shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to, industrial and commercial machinery and equip- ment, pumps , fans, compressors, generators, air conditioners and refriges:ation equipment . (g ) "Grading" shall mean any excavating or filling of earth material, or any combination thereof, conducted to pre- pare said site for construction or the placement of the im- provements thereon. (h) "Igpact noise" shall mean the noise produced by . the collision of one mass in motion with a second mass which may be either in motion or at rest. ( i ) " Industrial property" shall mean a parcel of real property which is developed and used in part or in whole for manufacturing purposes including research and development uses . ( j ) "Mobile noise source" shall mean any noise source 216-2 8.40. 030--8. 40. 040 other than a fixed noise source. ( k) "Noise level" shall mean the "A" weighted ,sound pres- sure level in decibels obtained by using a sound level meter at slow respon::;e with a reference pressure of twenty ( 20) micro- pascals (micronewtons per square meter) . The unit of measure- ment shall be designated as db( A) . ( 1) " Person" shall mean a person, firm, association, co- partnership, joint venture, corporation or any entity, public or private in nature. (m) "Residential property" shall mean a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels or motels . ( n) "Predominant tone noise" shall mean a noise character- ized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. ( o) "Sound pressure level" of a sound, in decibels, shall mean twenty ( 20 ) times the logarithm to the base of ten ( 10 ) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (Ord . 2379, 18 Jul 79) 8. 40. 03C) Noise level measurement criteria. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in this chapter. The location selected for ,measuring exterior noise levels shall be at any point on the property line of the offender or anywhere on the affected property. Interior noise measurements shall be made within the affected unit. The meas- urement shall be made at a point in the affected unit at least four (4) feet from the wall, ceiling or floor nearest the noise source . Al].. noise level measurements shall be performed in accordance with procedural rules and regulations of the Orange Obunty health department. (Ord. 2379, 18 Jul 79) 8. 40. 040 Designated noise zones. The properties herein- after described, whether within or without the city, are hereby assigned to the following noise zones: j Noise Zone 1 : All residential .properties ; Noise Zone 2: All professional office and public 216-3 8. 40. 050--8. 40. 060 institutional properties ; Noise Zone 3: All commercial properties with the exception of professional office properties ; and Noise Zone 4: All industrial properties . (Ord. 2379, 18 Jul 79) 8. 40 050 Exterior noise standards. ( a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: EXTERIOR NOISE STANDARDS NOISE i3ONE NOISE LEVEL TIME PERIOD 1 55 db(A) 7 a .m. - 10 p.m. ~ 50 db( A) 10 p.m. - 7 a.m. 2 55 db(A) Anytime 3 60 db( A) Anytime 4 70 db(A) Anytime ( b) In the event the alleged offensive noise consists en- tirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db( A) . (Ord . 2788, 18 Sep 85; Ord. 2379, 8/79 ) 8.40. 060 Exterior noise levels prohibited . It shall be unlawful for any person at any location within the incorporated area of the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on any residential , public institutional , profes- sional , commercial or industrial property, either within or without the city, to exceed the applicable noise standards : (a) For a cumulative period of more than thirty (30 ) minutes in any hour ; ( b) Plus 5 db( A) for a cumulative period of more than fifteen ( 1.5 ) minutes in any hour; 216-4 8. 40. 070--8. 40. 080 (c) Plus 1.0 db(A) for a cumulative period of more than five ( 5 ) mi :,utes in any hour ; ( d) Plus 15 db( A) for a cumulative period of more than one ( 1 ) minute in any Hour; or (e) Plus 20 db(A) for any period of time . In the event the ambient noise level exceeds any of the first four noise limit categorie"s above, the cumulative period applicable l.o said category shall be increased to reflect said ambient noise level. In the event the ambient noise level ex- ceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level . (Ord. 2379, 18 Jul 79) 8. 40. 070 Interior noise standards . ( a) The following noise standards , unless otherwise specifically indicated, shall apply to all. real property within a designated noise zone: INTERIOR NOISE STANDARDS NOISE 'LONE NOISE LEVEL TIME PERIOD 1 55 db( A) 7 a .m. - 10 p.m. 45 db(A) 10 p.m. - 7 a .m. 2, 3, 4 55 db(A) Anytime ( b) In the event the alleged offensive noise consists en- tirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db(A) . (Ord. 2788, 18 Sep 85; Ord . 2379, 7/79 ) 8.40. 08o Interior levels of noise prohibited. It shall be unlawful for any person at any location within the incorporated area of the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured within any other structure on any residential , public institutional, commercial, or industrial property to exceed: (a) The noise standard for a cumulative period of more than five minutes in any hour ; 216-5 8. 40. 09 0 --� ( b) me r7(-)i se standards plus 5 db( A) for a cumulative period of snore than one ( 1 ) minute in any hour ; or (c ) The rioise standard plus 10 db( a) for any period of time . In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level . In the event the ambient noise level ex- ceeds the third noise level, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level . Each of the noise limits specified above shall be reduced by 5 d b( A) for impact or predominant tone noises, or for noises consisting of speech or music. In U"Le event- that the noise source and the affected prop- erty are within different noise zones, the noise standards of the affected property shall apply. (Ord . 2379, 18 Jul 79 ) 8.40. 090 Special provisions . The following activities shall be exempt from the provisions of this chapter: (a) School bands, school athletics and school entertain- inent events , provided such events are conducted on school prop- erty or authorized by special permit from the city; ( b) Activities otherwise lawfully conducted in public parks, public playgrounds and public or private school grounds ; (c ) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work ; (d ) Noise sources associated with construction, repair , remodeling, or grading of any real property; provided a permit has been obtained from the city; and provided said activities do not take place between the hours of 8 p.m. and 7 a .m. on weekdays,, including Saturday, or at any time on Sunday or a federal holiday. (e) All mechanical devices., apparatus or equipment which are utilized for the protection or harvest of agricultural crops during periods of potential or actual frost damage or other ad\- erse weather conditions; 216-6 8. 40. 100--8. 40. 111 ( f ) Mobile noise sources associated with agricultural op- erations provided such operations do not take place between the hours of 6 p.m. and 7 a .m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (g ) - Mobile noise sources associated with agricultural pest control through pesticide application, provided that the appli- cation is made in accordance with restricted material permits issued 'by -ox: regulations enforced by the agricultural commis- sioner ; °< (h) No:. se sources associated with the maintenance of real property provided said activities take place between the hours of 8 a.m. a.id 8 p.m. on any day except Sunday or between the hours of 9 a .m. and 6 p.m. on Sunday or a federal holiday; i ( i ) Any activity or equipment to the extent that design regulation thereof has been preempted by state or federal laws . (Ord. 2379,_ 18 Jul 79 ) 8. 40. 100 Schools, provi- sions. hospitals and churches--Special P P j It shall be unlaw ul for any person to .create any noise which causes the -noise level at any school, hospital or church while same is in use, to exceed the noise limits specified for exterior noise standards in this chapter, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three (3 ) separate locations within one-tenth ( 1/10 ) .of a mile of the institution indicating the presence of a school, hospital or church. (Ord. 2379, 18 .Jul '79 ) 8.4,0. 110 Air conditioning, refrigeration--Special rovi- sions . During a one 1 year period following -the 'effective date of this chapter, the noise level standards specified in this chapter shall be increased by 5 db(A) where the alleged noise source is an air-conditioning apparatus or refrigeration system, which was installed prior to the effective date of this chapter. (Ord. 2379, 18 Jul 79 ) 8.40. 111. Prohibited noises . Notwithstanding any other provision of this chapter and' in addition thereto, it shall be unlawful. for any person to .make, continue, cause or allow to be made or continued, any loud, unnecessary, unusual or unrea- sonable noise or any noise which annoys, disturbs , injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city, and the following acts 216-7 6. 40.120 and things , among others, are declared to be loud, disturbing, injurious, unnecessary and unreasonable noises in violation of this chapter, but said enumerations shall not be deemed to be exclusive : (a) Radios and phonographs. The using, operating or per- mitting to be played, used or operated any radio, receiving set, television set, musical instrument, phonograph, juke box or other machine or device for producing or reproducing sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for . convenient hearing for the person or per- sons who are in the room, vehicle or chamber in which such ma- chine or device is located and operated, and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine, or device between the hours of 10 p. m. and 7 a.m. in such manner as to be plainly audible at a distance of fifty ( 50 ) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a . viola- tion of this section. ( b) Yelling and shouting . Yelling, shouting, hooting, whistling or singing on the public streets, particularly be- tween the hours of 10 p.m. and 7 a .m. , or at any time or place so as to, annoy or disturb the quiet, comfort or repose of per- sons in any dwelling, hotel or other type or residence, or of- fice, or any persons in the vicinity, is hereby declared a nuisance. ( c) Maintaining noisy premises. It shall be unlawful for any person who owns , maintains , controls , operates , has care or custody of, or otherwise provides any public or private prem- ises , who, being present, allows noise to continue after first being informed by the police department of any of the viola- tions set forth in this chapter. Any person failing to take immediate action to abate such violations shall be guilty of a MISDEMEANOR. (Ord. 2788, 18 Sep 85, Urg. Ord. 2434, 19 May 80 ) '8_40. 120 Manner of enforcement . The Orange County health officer and his duly authorized representatives are directed to enforce the provisions of this chapter. The Orange County health officer and his duly authorized representatives are au- thorized pursuant to Penal Code section 836 . 5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence . i 216-8 B. 40. 130--8. 40.140 r o If the (.)range County health officer or his duly authorized representatives conduct db( A) tests or readings for purposes of enforcement , and the noise level is found to exceed those levels stipulated as permissible in this chapter, the owner or operator of the noise source shall be required to pay the cost of the db(A) tests or readings . No person shall interfere with, oppose or resist any au- thorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty. (Ord. 2533, 3 Feb 82; Ord. 2379, 18 Jul 79 ) 8.40.130 Variance procedure. The owner or operator of a noise source which violates any of the provisions of this chap- ter may file an application with the health officer for a vari- ance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provi- sions, the reasons why immediate compliance cannot be achieved, a proposed method of-achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ( 05 ) . A separate application shall be filed for each noise source ; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the health officer shall refer it with his recommendation thereon in accordance with the provisions of this chapter. An applicant for a variance shall remain subject to prose- cution under: the terms of this chapter until a variance is granted. (Ord. 2379, 18 Jul 79 ) 8.40.14C.; Noise variance board. The noise variance board shall evaluate all applications for variance from the require- ments of this chapter and may grant said variances with respect to time for compliance, subject to such terms , conditions and requirements as it may deem reasonable to achieve maximum com- pliance with the provisions of this chapter. Said terms, con- ditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accom- plishment. 216-9 I 4 8. 40. 150--8. 40. 160 r In its determination said board shall consider the magni- tude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise ; the time factors related to study, design, financing and construction of remedial work ; the. economic factors related to age and useful life of equipment; and the general public interest and wel- fare. Any variance granted by said board shall, be by resolu- tion and shall be transmitted to the health officer for en- lorcement . Any violation of the terms of said variance shall be unlawful . ` Members of the variance board shall be appointed by, and shall serve at the pleasure of the Orange County board of supervisors . The variance board shall adopt reasonable rules and regulations for its own procedures in carrying out its functions under the provisions of this chapter. Three (3 ) members shall constitute a quorum and at least three ( 3 ) affirmative votes shall be required in support of any action. The health officer, or his appointed representative; shall be a nonvoting ex officio member of the variance board, and shall act as secretary of the board. 1 Meetings of the noise variance board shall be held at the call -of the secretary and at such times and locations as said r' board shall determine. All such meetings shall .be open to the public: (Ord. 2379, 18 Jul 79 ) 8.40.150 Appeals . Within fifteen ( 15 ) days following no- tice to the city of the decision of the variance board on an application, the applicant, the health officer, or any member of the city council, may appeal the decision to the city coun- cil by filing . a notice of appeal with the secretary of the variance board. In the case of an appeal .by the applicant for a variance, the notice of appeal shall be' accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the city council as discussed hereafter. If the actual cost of such preparation differs from the estimated cost, the applicant shall pay the difference to the secretary and the secretary shall pay the amount of any excess to the applicant . (Ord. 2379, 18 Jul 79 ) 8. 40. 160 Appeals--Notice of. hearing. Within fifteen ( 15 ) days following the receipt of a notice of appeal and -the ,appeal 216-10 a j; 8.40. 170--8. 40.180 fee, the secretary of the variance board shall forward to the { city council copies of the application for variance ; the recom- mendation of the health officer ; the notice of appeal ; all evi- dence concerning said application received by the variance board and its decision thereon. In addition, any person may file with the .city council written arguments supporting or at- ji tacking said decision and the city council may, in its discre- tion, hear oral arguments thereon. The city clerk shall mail _ ! to the applicant a notice of the date set for hearing of the } appeal . The notice shall be mailed at least ten (10) days i! prior to the hearing date . (Ord. 2379, 18 Jul 79) 8. 40.170 Action of council. Within sixty (60) days fol- lowing its receipt of the notice of the appeal, the city coun- cil shall either affirm, modify or reverse the decision of the variance board at a duly noticed public hearing. Such decision shall be based upon the city council' s evaluation of the mat- ters submitted to it in light of the powers conferred on the variance board and the -factors to be considered as set out in this chapter. As pant of its decision, the council may direct the vari- ance board to conduct further proceedings on said application ' Failure of: the city council to affirm, modify or reverse the decision of the variance board within said sixty (60) day period shall constitute affirmation of the board 's decision. (Ord. 2379, 18 Jul 79) a 8. 40.180 Violations--Misdemeanor. Any person violating any of the provisions of this chapter shall be deemed guilty of a MISDEMEANOR. Each day such violation is committed or per- mitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this chapter shall not be construed as permitting. conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 2379, 18 Jul 79) (Prior laws Ord. 2364, 5/79; Ord. 1935, 11/74; Ord. 1354, ( ; 11/67; Ord. 1072, 11/64, Ord. 1006, 1063) Ii (Next page is 221) ' 216-11 -A City Clerk' s Office ------------ (FC) -- ( 2 ) ------------ Evelyn �\ Counter CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 3/4/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 963 Article 963 9630--9630(C) Article 963 UNCLASSIFIED USES ( 1077-8/64, 1670-10 0 1 , 1836-6/73, 1852-7/73, 1915-6/74', 1940-10/74, 2313-9/78, 2313-9/78, 2371-6/79, 2556-7/82 , 2562-9/82, 2599-2/83 , 2632-8/83, 2729-10/84 , 2781-9/85, 2829-5/86 , 2858-9/86, 2889-12/86 , 2957-9/88 , 2987-3/89) Sections : 9630 Permitted uses 9631 Contractor' s storage yards/Mulching operations 9632 Landfill disposal sites 9632 . 1 Landfill disposal sites/Definitions 9632 . 2 Operations plan 9632 . 3 Approval of operations site 9632 . 4 Hazardous waste sites 9632 . 5 Operations plan 9632 . 6 Exemption-s 9632 . 7 Excavation activity prohibited 9633 Hind energy conversion systems 9634 Child Day Care Facilities 9634 . 1 Small Family Day Care Homes 9634 . 2 Large Family Day Care Homes 9634. 3 Day Care Centers 9635 Bed and Breakfast 9636 Alcoholic Beverage Sales 9630__._Perini tteci uses__ The fol lowing 1 i st includes uses that possess characteristics of such unique and special form as to make impractical their automatic inclusion as a permitted use in any district . The location and operation of such uses shall be-subject to approval of a conditional us»e permit by the planning commission in compliance with base district development standards , any additional provisions included herein , and any more restrictive requirements imposed as conditions of approval . Uses marked with an asterisk shall not be permitted in any residential district . (2957-9/88) A . *Airports and heliports B . Bed and Breakfast Inns pursuant to S . 9635 C. Child Day Care Facilities pursuant to S. 9634 Churches (minimum of 10 percent of parking area shall be landscaped) Colleges , universities , elementary and secondary private or public schools . (Minimum 10% of parking area shall be landscaped) \ *Contractor ' s storage yards pursuant to Section 9631 . *Convalescent hospitals and sanitariums 3/89 I 9630C--9630R 'Commercial recreation and amusement enterprises , including bowling alleys and skating rinks D Density Bonus for residential projects (must have more than five (5) permitted units) G. *Golf driving ranges ; miniature golf courses H . 'Health clubs over 2 ,500 square feet Horticulture as defined in Article 908 and except as provided elsewhere in this code Hospitals K. 'Kennels , animal hospitals or clinics L . Land Disposal Sites , except prohibited in Sl district , pursuant to S . 9632 M. 'Medical or Dental Clinics over 2 ,500 square feet 'Mulching operations pursuant to section 9631 Museums } O. 'Open ai r or drive--i n theaters P . Parking lol:s as primary use or parking structures 'Post Offices 'Private clubs and lodges 'Personal Enrichment Services over 2500 square feet Private recreation areas or other uses for exclusive use of homeowners Public utility substations of less than one acre , excluding switchyards R . *Radio or television transmitters (commercial ) *Recreational vehicle parks subject to locational criteria adopted by resolution *Rest homes Retail nurseries (conditional use permit not required if in a commercial district) Rooming or boarding houses , except in low—density residential districts 3 89 9630T--9632 .2(a) T . *Transportation terminals U . Utility facilities , public or private, including but not limited to wastewater treatment plants , power generating plants , and pump stations W. Wind energy conversion systems pursuant to section 9633 . i ( 1852-7/73 , 1940-10/74, 2313-9/78, 2371-6/79, 2562-9/82, 2599-2/83, 2729-10/84 , 2781-9/85 , 2829-5/86, 2858-9/86 , 2889-12/86 , 2957-9/88) 9.631 __Contractor' s storage-yards/Mul chi ng operations . Contractor' s storage yards in conjunction with public facility improvement contracts , and mulching operations on unimproved public or private property may be permitted subject to the following : (a) Initial approval shall be for a maximum of two (2) years . The use shall be eligible for a maximum of three one year extensions by the Planning Commission . (b) The development shall comply with parking , access and setback .requirements contained in Article 960. (2729-10/84, 2858-9/86 , 2957--9/813 963.2 . L_anffi 11 _disposal_ s_i tes.. Excavation of 1 andfi l 1 s or land disposal sites shall be subject to the requirements of this article . These provisions are not intended to apply to grading and surcharging operations , permitted under- Appendix Chapter 70 of the Uniform Building Code . Permits for grading, on previously approved development projects shall be subject to approval of the director . (2858-9/86 , 2781-9/85 , 2957-9/88) 9.632__l___Land disposal site/Definitions . The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: (a) Excavation . Any activity and/or movement of material which exposes waste to the atmosphere . (b) Land disposal site . Any site where land disposal of Group I , II or III waste , as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land , including but not limited to landfill , surface impoundment, waste piles , land spreading , dumps , and coburial with municipal refuse . (2858-9/86, 2781 -9/85) 9G32-._Z.____Qpera.tions plan . (a) No person shall conduct any excavation activity at any land disposal site in the city of Huntington Beach without first submitting to the � i city an operations plan approved by the director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated , including a chemical 3/89 ' , 1 9630. 2(a)--9632 . 5(a) analysis performed by a laboratory acceptable to the city, together with the mitigation measures that will be used to insure that health hazards , safety hazards , or nuisances do not result from such activity. (1)) Mitigation measures contained in the operations plan may include gas collection and disposal of waste , encapsulation , covering waste , chemical neutralization , or any other measures deemed necessary by the city. (c) Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be' incIuded in the operations plan . (2858-9/86 , 2.781-9/85) 9632 . 3 Approval of aerations plan_ (a) The city shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the city that a nuisance , health , or safety hazard has or is about to occur as a result of such activity therein . (h> Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the city, mitigation measures , contained in the operations plan , shall be implemented / immediately. (2858-9/86 , 2781 -9/85) 96,32`4 Hazardous waste sites_ For any land disposal .sito determined to be a hazardous waste site by the state department of health services and/or the city of Huntington Beach , the following additional measures shall be taken prior to excavation of such site : (a) All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant . (b) A type of bond , acceptable to the city attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated . (c) Excavation of the site shall be performed in accordance with the requirements of the state department of health services , and any other public agency with jurisdiction over hazardous waste sites . (2858-9/86 , 2781-9/85) 9632 . 5 Operations plan . The operations plan shall contain the following: (a) A plan establishing lines of. authority and responsibility between public agencies and the operator/applicant, or his agents , during 3/89 r t 9632 .5(a)--9633(a) excavation. The plan shal'1 contain specific procedures to be followed by all responsible parties involved with the excavation . (b) A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site . If deemed necessary by the state department of health services , the plan shall also include specific measures for evacuation of residents in the vicinity of the site. (c) A plan showing specific routes for vehicles transporting hazardous wastes from the site . (d) A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. (2858-9/86 , 2781-9/85) 9632 . 6 Exemptions . The following activities shall be exempt from the requirements of this article unless otherwise determined by the director: (a) The drilling of holes up to twenty-four (24) inches in diameter for telephone or power transmission poles or their footings . ( b) The drilling of oil wells , gas wells or landfill gas collection wells or the maintenance of gas or 1eachate collection systems . (e: ) Any excavation activity which has been determined by the director to pose an insignificant risk , or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site . (2781-9/85, 2858-9/86, 2957-9/88) 9-63.2_._7 _Excavation acti vi ty_prohi bi ted. (a) No person shall excavate at any land disposal site in the city of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met . (b) Compliance with the provisions of this article shall not exempt any person from failing to comply with the requirements of the California Health and Sa-f ety Code , and any other applicable codes , rules or regulations . (2858-9/86 , 2781-9/85) 9633 Wind energy conversion systems . Wind energy conversion systems shall be subject to the following requirements : (a) Wind energy conversion systems (WECS) shall be located within the rear two-thirds (2/3) of a lot and shall comply with any setback requirements in the base district . WECS within residential districts �j shall be designed and engineered to eliminate guy wires , shall have a base a maximum of four (4) square feet in area, and shall not encroach into required open space. For WECS within a commercial or industrial district, the -3/89 9633(a)--9633(h) minimum rear yard setback shall be twenty (20) . feet if adjacent to residentially zoned property. The design of any WECS shall not create noise, strobing effect , or similar nuisances that may be detrimental to the immediate area . If the director determines that a nuisance will be created , he shall designate in writing steps or procedures that must be taken by the property owner or operator to abate the potential nuisance. (b) The height of the highest point of the WECS shall not exceed sixty (60) feet from adjacent grade . The lowest portion of the blades shall be no less than fifteen ( 15) feet from grade . (c:) Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. The application must include" a statement by. a California registered professional engineer (subject to approval by the director) certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices . The engineer should certify the structural compatibility of the proposed tower and the rotors . (d) The WECS shall be operated such that no disruptive electromagnetic interference is caused . If the director determines that the system is causing harmful interference, the operator shall promptly mitigate the harmful interference upon written notification , to the satisfaction of the director . (+e) For WECS which will be interconnected to a utility grid , no wind turbine shall be installed until the utility company has approved such installation in writing . A copy of such approval shall be submitted to the director prior to installation of the wind turbine . The utility company shall be notified of the installation of any WECS whether or not the property owner or operator intends to connect the system to a utility grid . ( f) If a WECS' is not maintained in operational condition and poses a potential safety hazard (as determined by the director) , the owner or operator shall take expeditious action to remedy the situation . The city may summarily abate any such hazardous situation and pass the cost 6f such abatement on to the owner or operator of the system. If the city determines that the system has been abandoned and poses a safety hazard , such system shall be removed by the owner or operator of the system within thirty (30) days of receipt of written notice. (g) The permittee shall submit an annual statement by a California registered engineer , stating that the system, including base and blades , is in sound working condition and does not pose a hazard to the public health , safety or welfare. (h) The planning commission may impose further requirements as deemed necessary due to special or unusual circumstances. of the location or proposed installation. (2858=9/86, 2632-8/83) 3/f39 9634--9634. 2(j ) 9634 Child Day -Care Facilities . Child day care facilities which provide nonmedical care to children under 18 years of age on less than a 24-hour basis include family day care homes and day care centers . (2957-9/88) 9634. 1 Small Family Day Care Homes . A single family residence in which care is provided to six or fewer children shall be considered a permitted use and shall comply with Orange County social services requirements . (2957-9/88) 964_,_2_._ Large Family Day Care Homes . A single family residence in which care is provided to 7 to 12 children shall be subject to the following provisions : (2957-9/88) (a) Seventy-.five (75) square feet of outdoor play area per child . Thirty-five (35) square feet of indoor play area per child . Outdoor play area shall be grassed and enclosed by a six (6) foot high masonry wall . Any entry gate shall be securely fastened . (b) The total enrollment for the family day care home shall conform to state law. ( c) The applicant shall submit clearance from the fire department and a copy of the Orange County social services license , prior to the operation of the family day care home . (d) Such facility shall not be located closer than six hundred (600) feet to another large family day care home . ( e) Garages shall not be used as a designated play area or used in calculating minimum square footage in a family day care home . ( f> Loading and unloading of children from vehicles shall only be permitted on the driveway , approved parking area or directly in front of the facility. (g) The family day care home shall comply with all applicable requirements of Chapter 8. 40," noise control of the municipal code. (h) The Planning Commission reserves the right to revoke the approval of a family day care home if a violation of the conditions of approval occurs . All revocation proceedings shall be preceded by a public hearing . ( i ) Approvals for family day care homes are nontransferable and the dwelling unit shall be owner occupied . (j ) A minimum of two (2) on-site parking spaces shall be provided in addition to the two (2) required fully enclosed , parking spaces . ( 1077-8/64, 1670-10/71 , 1836-6/73 , 1915-6/74, 1940-10/74, 2113-10/76 , 2.313-9/78, 2556-7/82 , 2889-12/86, 2957-9/88) 3/89 9634 . 3--9635(a) 9634. 3 Day Care Centers _ Day care centers including infant centers , - preschools , and extended day care facilities shall be subject to the following provisions : (a) Seventy-five (75) square feet of outdoor play area per child . Thirty-five (35) square feet of indoor play area per child. Outdoor play areas shall be grassed and enclosed by a minimum six foot high fence. Fencing may be required to be masonry as determined by the Planning Commission. Any gate entry shall be securely fastened. ( 2957-9/88) ( h) Minimum ten ( 10%) percent of the parking area shall be landscaped . ( c: ) The total enrollment for the day care center shall be established by the Planning Commission. (d) Fire department clearance sha11 be obtained prior to the operation of the day care center . ( e) Hours of operation shall be established by the Planning Commission . ( f) The applicant shall submit a copy of the Orange County social services license prior to the operation of the day care center. (g) The applicant shall obtain a business license prior to the,operation of the day care center . ( h) Off-street parking for day care centers shall be one parking space per staff member plus one per classroom. (2957-9/88) ( i ) Loading and unloading of children shall only be permitted from approved parking areas . (j ) Children attending the day care centers shall be restricted to . designated play areas only, unless supervised by an adult. (k) The day care' center shall comply with all applicable requirements of Chapter 8. 40, noise control of the municipal code. ( 1 ) 'The Planning Commission reserves the right to revoke the approval of a day care center if a violation of the conditions of approval occurs . All revocation proceedings shall be preceded by a public hearing . ( 1077-8/64 , 1670-10/71 , 1836-6/73 , 1915-6/74 , 1940-10/74 , 2113-11 /76, 2313-9/78 , 2556-7/82 , 2632-8/83, 2889-12/86 , ) 9635 Bed and Breakfast Inns . Bed and breakfast inns are subject to the following provisions : (2957-9/88) (a) The use shall be located in a building of residential design having a minimum of 2,000 square feet of residential floor area which has no less than 3 and no more than 6 lodging rooms and one common room available for social interaction and serving of breakfast meal . (2957-9/88) ;/9? 9635(b)--9636. 1A -- (b) An owner, manager, proprietor or caretaker shall reside on the subject site at all times . (2957-9/88) (c) No cooking facilities shall be permitted in any guest rooms . (2957-9/88) (d) No meals shall be served to guests other than breakfast. Said breakfast , if served , shall be served only to registered overnight guests . (2957-9/88) (e) No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of 'fourteen ( 14) days during any consecutive ninety (90) day period. (2957-9/88) (f) The use may be permitted in any single-family residence in any zone deemed ' by the City to be of architectural or historical significance and in compliance with the Uniform Building Codes as adopted by the City. (2957-9/88) (g) Parking shall be one enclosed space for owner/manager; one space for each guest room used- for sleeping purposes; and one space for visitor parking . (2957-9/88) (h) Signage shall be limited to either one wall sign not more than two (2) square feet in area, or one freestanding sign not more than two (2) -- square feet in area and not more than 3. 5 (three and one-half) feet in height. Sign wording shall be limited to identifying the name and address of the facility. (2957-9/88) M Prior to application , an applicant shall pay the required fee and request an inspection of the property by the Building Official to determine compliance with current building and zoning codes . The Building Official shall file a written report indicating , if necessary, the nature and amount of work required to have the subject site and structure comply with current codes . (2957-9/88) (j ) Prior to commencing the use, a business license and certificate of occupancy shall be obtained. (2957-9/88) 9636 Alcoholic Beverage Sales . A conditional use permit shall be required for any business proposing to sell alcoholic beverages for on-site or off-site consumption . 9636. 1 Exceptions The following uses. are exempt from the conditional use permit process . (2987-3/89) A. Retail markets which have 20,000 square feet or more of floor area and no more than 10% (ten) of the floor area devoted to sales , display, and storage of alcoholic beverages. (2987-3/89) 3/89 9636. 1 . B--9636. 1 .D B. Retail markets with less than 20,000 square feet of floor area, restaurants , bars , and liquor stores which satisfy the following requirements : (2987-3/89) (1 ) The subject property shall be located a minimum 300 (three hundred) feet from any residence, school , church, or public use, i . e. park, hospital , boys/girls club; (2987-3/89) (2) The restaurant shall be licensed by the State of California as a bona fide eating establishment; contain a fully equipped and permanently ,maintained kitchen; have a bar or lounge area with less floor area than the dining area; and no separate outside entrance to the bar or lounge area; (2987-3/89) (3) Retail markets with less than 20,000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the building and no more than 10 % (ten) of the floor area devoted to sales , display and storage of alcoholic beverages . (2987-3/89) (4) The sale of market goods shall not be carried on in conjunction with the sale of gasoline or other motor vehicle fuel . (2987-3/89) r` 4 C. Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (2987-3/89) D. Temporary Outdoor Events pursuant to section 9731 . 64. (2987-3/89) 3/89 City Clerk' s Office ------------ (FC) --( 2 ) ------------ Evelyn Counter CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 906 Article 906 L V � V i 9060 Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 ) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1, Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial MI-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix l Q Qualified classification 8/91 9060--9061 The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87) 9061 District Maas. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59-, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5190 ("Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 31`02-4/91 , 3120.-8/91 ) I i 8/91 City Clerk' s Office � )---------- ------------(FC) -- ( Evelyn Counter CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5.56 Chapter 5.56 u. j v C 5 . 56.010--5. 56 .020 Chapter 5. 56 BURGLAR ALARMS Sections: 5. 56. 010 Purpose. 5. 56. 020 Definitions . 5. 56. 030 Registration required. 5. 56. 040 Permit required. 5. 56. 050 Exemptions . 5. 56. 060 Permit procedures--Fees . 5. 56.070 Notice of change. 5. 56. 080 Permit suspension. 5.56. 090 Permit revocation. 5. 56. 100 Appeal to city council. 5. 56. 110 False alarm--Prevention payment . 5. 56. 120 Permit nontransferable. 5. 56.130 Automatic shutoff requirements--Audible. 5. 56 .140 Repair. 5. 56. 150 Testing alarm. 5. 56.160 Prohibitions . 5. 56. 170 Limitation on liability. 5. 56.180 Application of chapter. 5. 56. 190 Right of entry. 5. 56. 200 Enforcement provision. 5. 56. 210 Penalties for violation. 5. 56. 010 Purpose. The public has purchased burglary and robbery alarm systems which either mechanically malfunction or are not operated properly by their users , causing an increase in false alarm reports which require an immediate response from the police department, thus needlessly diverting limited police re- sources . The purpose of this chapter is to set forth regulations governing the use of burglary and robbery alarm systems, require permits therefor, establish fees, and provide penalty for viola- tions. (Ord. 2486, 17 Jun 81 ; Ord. 2025, 1/76) 5. 56. 020 Definitions . (a) "Alarm system" means any mechan- ical or electrical device which is designed or used for the detec- tion of an unauthorized entry into a building, structure or fa- cility, or for alerting others of the commission of an unlawful act within a building, structure or facility, or both, and which emits a sound or transmits a signal or message when activated. Alarm systems include, but are not limited to, indirect dial telephone devices , audible alarms and proprietor alarms . Devices which are not designed or used to register alarms that are audible, 163 4 A 5 . 56.020 visible, or perceptible outside of the protected building, struc- ture or facility are not included within this definition nor are direct dial telephone devices or auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. (b ) "Applicant" means a person, firm, or corporation who or which files an application for a permit as provided in this chapter. (c ) "Audible alarm" means that type of alarm system which, II when activated, emits an audible alarm. (d) "False alarm" means an alarm signal which requires police response where an emergency situation does not exist. (e) "Nonemergency response status" shall mean that cate- gory in which an alarm system is placed as a result of permit suspension or revocation, thereby relieving the police depart- ment of the duty to res-pond. (f) "Notice" means written notice, served personally or mailed, postage prepaid, addressed to the person to be notified at his last known address . Service of such notice shall be deemed effected upon completion of personal service or upon deposit of such notice in the United States mail . (g) "Permittee" means any person, firm, partnership, associa- tion, or corporation who or which shall be granted a permit , as provided herein, and his or its agents and representatives. (h) "Proprietor alarm" means an alarm which is not serviced by an alarm business . (i) "Subscriber" means any person who purchases, leases , contracts for or otherwise obtains an alarm system or for the servicing or maintenance of an alarm system from an alarm busi- ness . Q ) "Signal channel" means a telephone line or other method of transmitting signals other than by the use of a telephone, which signal channels shall be caused to be installed and used by the permittee for the purpose of delivering a signal to the moni- tor. (10 "Standards , i°egulations , requirements and duties" means the minimum standards and regulations for the construction and maintenance of all alarm systems installed within the city, as prescribed by the chief of police, and adopted by resolution of r'`1 164 5. 56. 030--5. 56.050 the city council. All devices shall meet or exceed such stand- ards and regulations before permits may be issued pursuant to this chapter. The police chief may require inspection and ap- proval of all alarm systems installed within the city. (Ord. 2486, I 17 Jun 81; Ord. 2025, 1/76) 5. 56. 030 Registration required. 'No person shall engage in, manage, conduct or operate an alarm business in the city of Huntington Beach without first registering with the city license division on appropriate forms, and providing the following in- formation: N (a) Name of the business , and if a corporation, its name, II date and place of incorporation and address of its principal place of business , together with the name and business telephone number of the owner or manager. (b) A list of the addresses , business and emergency tele- phone numbers of all central stations handling accounts in the city. (c) A list of all subscribers, both private and commercial, together with the addresses where alarm systems have been in- stalled. Such registration shall be accompanied by a file copy of the alarm company operator's state identification card. (Ord. 2486, 17 Jun 81 ; Ord. 2304, 9/78; Ord. 2176, 3/77) 5. 56. 040 Permit re uired. (a) Alarm system. No person shall install or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter. (b ) Audible alarm requirements . Every person, corporation, or business maintaining an audible alarm shall post a notice con- taining the name(s) and telephone number(s) of the person(s) to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm system is activated. Such notice shall be posted near the alarm in such a position as to be legible from ground level adjacent to the build- ing where the alarm system is located. (Ord. 2593, 2 Feb 83; Ord. 2486, 6/81) 5. 56.050 Exemptions. The provisions of this chapter are not applicable to and ble alarms affixed to motor vehicles or to a public utility whose only duty is to furnish telephone service pursuant to tariffs and file with the California Public Utilities Commission. (Ord. 2486, 17 Jun 81) C", 165 A 5 .56.060--5.56.090 5. 56.060 Permitprocedures--Fee. Applications for permits, required hereunder, shall e i ed, together with payment of a fee established by resolution of the city council, with the chief cif police on forms furnished by him containing; necessary in formation to evaluate and act upon the application including, but not limited to, the name, address and telephone number of the person who will render service or repairs during any hour of the day or night. Permits for residential alarm systems shall be subject to an initial fee and shall not be subject to further fees unless a change occurs in the system. All other permits shall be subject to an annual fee. It shall be the responsibility of the permittee to apply for renewal of the permit at least ten (10) days prior to the expiration of any existing permit . (Ord. 2593, 2 Feb 83; Ord. 2486 6/81 ) 5. 56. 070 Notice of chan e. Whenever any change occurs relat ng; to the written n ormation required on application forms , the applicant or permittee shall give written notice thereof to the chief of police within a reasonable time not to exceed ten (10 ) days after such change or at any hearing; conducted under_ the provisions of this chapter if such hearing is conducted before the notice required has been given. (Ord. 2486, 17 Jun 81) ` 5.56.080 Permit suspension. Upon evidence that any pro- vision of this chapter has been violated, and written notice thereof has been served upon the permittee, either by personal service or by certified mail, the 'chief of police may suspend an alarm permit for a period of ten (10) days, during which time such alarm system shall not be used and shall be placed on nonemergency response status. i Failure or refusal by permittee to correct any condition in violation of the provisions of this chapter within the ten- day suspension period may result in revocation of the alarm system permit , as provided hereinafter. (Ord. 2486, 17 Jun 81 ) 5. 56. 090 Permit revocation. When an alarm permit is to be revoked, the chief of police shall give the permittee fifteen (15 ) days notice of his intention to do so by personal service or by certified mail, postage prepaid, addressed to permittee at the address set forth on the permit application. Upon failure of permittee to cause the system to be repaired, or to be used or operated properly, or to pay the false alarm prevention fee within such fifteen-day period, or to file an appeal to the city council, as provided in this chapter, the permit shall be revoked at the expiration of such fifteen-day period, and the alarm system shall be placed on nonemergency response status 166 5. 56.100--5. 56.110 and shall not be used until a new permit has been issued. (Ord. 2486, 17 Jun 81) 5. 56 .100 Appeal to city council. 'In the event a permit is revoked or notice of revocation has been given, the permittee may appeal. to the city council by filing with the city clerk a statement, addressed to the city council., setting forth the facts and circumstances regarding the action of the chief of police; provided, however, that such appeal shall be filed prior to the expiration of the fifteen-day period following the ser- vice, either personal or prepaid mail, of the notice of revo- cation. The city clerk shall cause the appeal to be placed on the next available city council agenda and notify the appellant . The city council shall consider the appeal and may affirm, over- rule, or modify the decision of the chief of police. The de- cision of the city council shall be final . All fees, paid by permittee shall be forfeited in the event of revocation. Enforcement of a revocation notice shall be stayed during the pendency of an appeal therefrom; properly and timely filed.. (Ord_. 2486,, 17 Jun 81 ) 5.56.110 False alarm--Prevention payment . (a) When emer- gency alarms, message,s ,. signals or notices are received by the police department which evidence a failure to comply with the re- quirements of this chapter,, or a permit issued hereunder,, the chief of police is authorized to demand that the owner or lessee of the alarm system initiating such alarms , messages, signals, or notices , or hi,s representative, disconnect the alarm system until it is made to comply with such requirements. (b ) The owner or lessee of any alarm system which has caused any signal, message, or alarm to be transmitted to the police department, either by direct telephone or other direct communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, and which is, proved to be a. false alarm, shall pay a false alarm prevention fee, established by resolution of the city council, for the following: (1 ) For false alarms in excess of three ( 3) re- ceived in a twelve (12) month period by the police department, the owner or lessee shall be assessed a fee for each such alarm. (2 ) For false alarms in excess of six ( 6) received in 1,1 twelve (12 ) month period by the police department, the owner or .lessee shall be assessed an increased fee for each 167 5. 56 . 120--5. 56 . 150 such alarm. ( 3) Any false alarm indicating a violation of California Penal Code section 211 . (c ) An alarm permit may be suspended or revoked in addi- tion to the false alarm prevention fee, established by resolu- tion of the city council, or in the event of failure to pay such false alarm fees. (d) Exceptions . A thirty (30 ) day adjustment period to correct mechanical problems will be allowed for any new, improved or replaced alarm system; and if the user shows that any false alarm was the result of conditions beyond his control and not the result of negligence on his part or that of his employees ; pro- vided, further, that the user can demonstrate that he neither knew of the defect in the alarm system, nor in the exercise of due care, should have known of such defect, such alarm shall not be deemed a "false alarm" within the meaning of this chapter. (Ord. 2486, 17 Jun 81; Ord. Ord. 2025, 1/76) 5. 56. 120 Permit nontransferable. No alarm permit issued under the provisions of this chapter shall be assignable or transferable. (Ord. 2486, 17 Jun 81 ) 5.56.130 Automatic shutoff requirements--Audible . All '1 audible alarm systems , excluding fire alarms which indicate the activation of an automatic fire sprinkler system, shall include a device which will limit the generation of the audible sound of the system to no longer than fifteen minutes after activation . when the alarm system is protecting a residential structure, and sixty minutes when the alarm system is protecting a commercial structure. Said system, however, shall include an automatic re- setting device which shall cause the system to rearm upon auto- matic shutoff. (Ord. 2486, 17 Jun 81) 5 .56.140 Repair. After any false alarm caused by a mal- function of the alarm system, an alarm system permittee shall cause the alarm system to be repaired in order to eliminate such malfunction before reactivating the alarm. No person shall reactivate such alarm until such repairs have been made . (Ord. 2486, 17 Jun 81) 5. 56. 150 Testing alarm. Permittees shall notify the po- lice communication bureau prior to any service, test, repair, main- tenance, adjustment , alteration, or installation of systems which would normally result in a police response to a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm, as defined in this chapter. (Ord. 2486, 168 5. 56. 160--5. 56 . 210 17 Jun 81; Ord . 2025, 1/76) 5. 56 . 160 Prohibitions . It shall be unlawful to install or use an alarm system which upon activation emits a sound similar to sirens used on emergency vehicles or for civil defense - pur-poses. (Ord. 21186, 17 Jun 81) 5. 56.170 Limitation on liability. The city of Huntington Beach is under no obligation or duty to any permittee or any other person by reason of any provision of this chapter, or the exercise of any privilege by any permittee hereunder including, but not limited to, any defects in a police or fire alarm system, any delay in transmitting an alarm message to any emergency unit or damage caused by delay in responding to any alarm by any city officer, employee or agent . (Ord. 2486, 17 Jun 81 ) 5. 56. 180 Application of chapter. Any person who, on the effective date of this chapter, possesses, has installed, or uses . an alarm system which requires a permit under the provisions hereof, shall apply for a permit , as provided herein, within ninety (90 ) days aftgr the effective date of this chapter. (Ord . 2486, 17 Jun 81 ) 5. 56. 190 Ri ht of entry. ri'he chief of police , or his desig- nated representative, is hereby authorized and empowered to in- spect any alarm system installed in any business within the city during regular business hours . Inspections of systems installed in private residences may be made with permission of the occupant of the premises only . (Ord. 2486, 17 Jun 81 ; Ord. 2025 , 1/76 ) 5. 56 . 200 }?nforcement provision. The police department is directed to administer and enforce the provisions of this chapter. (Ord. 2486, 17 Jun 81 ) 5. 56 . 210 Penalties for violation. Any person who violates or wilfully fails to comply with any section in this chapter is guilty of an INFRACTION except where expressly provided, and upon conviction thereof shall be punished by a fine not to exceed $100 , and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any viola- tion of any of the provisions of this chapter is committed, con- tinued, or permitted. (Ord. 2486, 17 Jun 81 ; Ord. 2025, 1/76 ) (Next, pare is 1.71 ) 169 . CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 12/17/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE d Chapter 2.100 Chapter 2.100 C� N A i 2. 100 . 010--2. 100. 030 Chapter 2 . 100 OPERATING POLICY FOR BOARDS AND COMMISSIONS Sections • 2. 100 . 010 Establishment. 2. 100. 020 Definitions. 2. 100 . 030 Budget. 2. 100 .040 Staff . 2. 100 . 050 Staff liaison and residency. 2. 100 . 060 Service limitation. 2. 100.070 Employment limitation. 2. 100. 080 Duration of terms. 2. 100. 090 Open meetings. 2. 100. 100 Rules. 2. 100 . 010 Establishment . All advisory boards and commissions shall be established by ordinance . The enabling document may establish the duration, manner of appointment, term of office, and powers and duties . The provisions of this chapter shall apply to all boards and commissions unless the ordinance creating such boards or commissions shall otherwise _- provide . All existing boards and commissions not established by ordinance shall continue to act in accordance with their original grant of authority until such time as the city council adopts appropriate ordinances pertaining to their activities , or for six ( 6) months from the effective date of this ordinance, whichever occurs first. (Ord. 2896, 19 Jun 87) 2. 100 . 020 Definitions. ( a) Board - a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the city council; ( b) Commission - a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the city council; ( c) Committee - a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the city council on particular matters . (Ord. 2895, 19 Jun 87) 2. 100 .030 Budget. When deemed necessary, the city council 45-1 2. 100 . 040--2. 100 . 100 may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions . (Ord . 2896, 19 Jun 87) 2. 100. 040 Staff . The city shall assign a staff liaison to each board and commission. (Ord. 2896, 19 Jun 87) 2. 100. 050 Staff liaison and residency. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the city council . All members of boards and commission shall be residents and electors of the city of Huntington Beach. (Ord. 2896, 19 Jun 87) 2. 100 .060 Service limitation. No person shall serve on more than one board or commission at any one time . No person shall serve more than two ( 2) consecutive terms on any one ( 1 ) board or commission. Provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reapppointed, one additional term thereafter. (Ord . 2896, 19 Jun 87) 2. 100 . 070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (Ord . 2896, 19 Jun 87) 2. 100 . 080 Duration of terms. Members shall serve until their respective successors are appointed and qualified . The city council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of boards and commissions shall be four ( 4 ) years, staggered so that the majority of terms shall end in odd-numbered years following the election of four ( 4) council members and remainder of the terms shall end in odd-numbered years following the election of three ( 3) council members . (Ord. 2896, 19 Jun 87) 2. 100.090 Open meetings . All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act (Government Code section 54950) . (Ord. 2896, 19 Jun 87) 2. 100. 100 Rules . Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the jconduct of its business, subject to approval of the city ! council . (Ord. 2896, 19 Jun 87) 4 5-2 /< CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 11/5/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 13.08 Chapter 13.08 §l V 31-i 3 0 3A 133 3 13.08.010 Chapter 13.08 BEACH REGULATIONS (80-8/11 , 341-10/30, 344-10/31 , 554-12/49, 769-7/60, 831-4/61 , 861-9/61 . 911-7/62, Urg 1306-3/67, 1509-7/69, 1535-11/69, 1588-8/70, 1743-5/72, Urg 1776-9/72, 1856-8/73, 1935-11/74, 2138-1 /77, 2768-5/85, 2851-8/68, 2882-12/86, 2907-8/87, 2964-10/88, 3101-5/91) Sections: 13.08.010 Unlawful acts 13.08.020 Defacing and/or destroying public property 13.08.030 Littering 13.08.040 Dangerous objects in bathing area 13.08.050 Camps prohibited 13.08.060 Fires 13.08.070 Dogs and other animals 13.08.080 Soliciting 13.08.090 Alcoholic beverages--Possession 13.08.100 Alcoholic beverages--Permits--Terms 13.08.110 Alcoholic beverages--Permits--Revocation or suspension 13.08.120 Hazardous water sports 13.08.130 Hazardous arti-cles 13.08.140 Beach games and practices 13.08.150 Digging 13.08.160 Spear Guns r. 13.08. 170 Jumping from municipal piers and public bridges 13.08. 180 Climbing on rails of municipal pier or bridges 13.08.190 Climbing on lifeguard stations 13.08.200 Leaving hazardous objects 13.08.210 False alarms 13.08.220 Interfering with lifeguard 13.08.225 Interfering with park ranger 13.08.230 Causing object to reflect 13.08.240 Curfew 13.08.250 Fireworks 13.08.260 Electrical outlets 13.08.270 Speaker systems 13.08.280 Vehicles--Regulation 13.08.290 Vehicles--Speed 13.08.300 Delivering concessions 13.08.310 Parking 13.08.320 Traffic control signs 13.08.330 Removal of sand 13.08.340 Glass containers on beach 13.08.350 Beach and ocean closure — Authority 13.08.010 Unlawful acts. It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the boundaries of any beach, within the City limits, owned, operated, controlled or formed by the City Council of the City of Huntington Beach, any acts in the following sections. (769-7/60, Urg 1306-3/67) 5/91 b 13.08.020--13.08.090 13 08 020 Defacing and/or destroying public property. No person shall cut, carve, hack, remove, deface or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other structure, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory, restroom, building, sign or other structure therein, any initial , name writing, printing, drawing or vulgar, profane or obscene word or picture. (769-7/60) 13.08.030 Littering. No person shall deposit or discard or leave any handbill , bottle, can or rubbish or trash or debris on the beach or in the Pacific Ocean, other than in those receptacles provided for such purpose, or to deposit in any commode or urinal in any public toilet any newspaper, rag, part of clothing or any item likely to clog said commode or urinal . This section shall not be interpreted to prohibit distribution of any constitutionally protected material . (80-8/11 , 769-7/60, Urg 1306-3/67) j 13.08.040 Dangerous objects in bathing area. No person shall throw, cast, deposit or cause to be thrown, cast or deposited on the beach of the Pacific Ocean, below the high tide line in this City, any glass, bottles, tin cans, nails, rubbish, trash or any article whatsoever that is or may become a menace to life or limb to any person or bather in said ocean or on said beach. (80-8/11 , Urg 1306-3/67) 13.08.050 Camps prohibited. -No person shall maintain any camp or occupy the same at any place on the beach of the Pacific Ocean within the City except by special permit issued by the Director of Community Services. (341-10/30) 13.08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon, except in the fire rings provided therefor. (769-7/60, Urg 1306-3/67) 13.08.070 Dogs and other animals. No person having the care, charge or control of any dog or pet or domesticated or wild animal or reptile, shall permit or allow said dog, pet, domesticated or wild animal or reptile to be, under any circumstances or conditions, on or upon the municipal pier, or upon the public beaches in the City; except that upon those beach areas located north of the line created by extending the northern curbline of Goldenwest Street to the Pacific Ocean, dogs constrained by a leash no longer than six (6) feet in length are permitted. (344-10/31 , 554-12/49, 769-7/60, 2907-8/87) 13.08.080 Soliciting. No person shall engage in the business of soliciting, selling or peddling any liquids or edibles for human consumption, or to distribute circulars, or to hawk, peddle or vend any goods, wares or merchandise except pursuant to a permit issued under the authority of the Director of Community Services. (769-7/60) 13.08.090 Alcoholic beverages--Possession. Except as hereinafter provided, no person shall , on or upon the beach or pier within the City limits of Huntington Beach consume, sell , purchase, give away or have in his possession any alcoholic beverage, or transport or deliver to any person or persons therein any alcoholic beverage. (769-7/60, Urg 1306-3/67, 1588-8/70) 13.08.100 Alcoholic beverages--Permits--Terms. The City Council may grant permits for the sale and consumption of alcoholic beverages under the following terms and conditions: 5/91 13.08.100(a)--13.08.120 (a) The kind or kinds of permitted alcoholic beverages shall be named in the permit. (b) Each permit shall require that all alcoholic beverages be sold and consumed on permittee' s premises, the location and area .of permittee' s premises to. be set forth in said permit. (c) That there be compliance with all other City, county and state laws and regulations. (d) Such other terms. and conditions as are reasonably required to protect the peace, health, welfare or safety of the public. (e) The permit shall not be transferable. (f) The permit shall expire one year from and after the date of issuance, unless sooner revoked as provided by this chapter. (g) Nothing herein contained shall be construed as permitting the sale, use, possession or consumption of any alcoholic beverage on the beach or pier except pursuant to and as limited by a permit, as above set forth. (769-7/60,. Urg 1306-3/67, 1588-8/70) 13.08.110 Alcoholic beverages--Permit--Revocation or suspension. Permits are subject to suspension or to revocation by the City Council after notice to permittee and public hearing, (a) Permittee has made a substantial misrepresentation in his application for permit; (b) Permittee or any of his employees has violated any laws or regulations concerning the operation of the business, or any terms or conditions of the permit; (c) Permittee or any of his employees has been convicted of any crime involving moral turpitude; (d) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous drugs without reporting such incidents to the police department without unnecessary delay or not more than twenty-four (24) hours after the commission thereof; (e) Permittee or any of his employees has caused or permitted any breach of the peace on such premises, or has performed or permitted any act against the peace, health, welfare or safety of the public. (769-7/60, Urg 1306-3/67, 1588-8/70) 13.08.120 Hazardous water sports. The following regulations shall apply to water sports: (a) In order to protect the public health, safety and welfare, the City Council may, by resolution, fix the hours during which no person in the water of the Pacific Ocean within three hundred yards of the mean high tide line thereof, within the City shall use or have in his possession any surfboard, paddleboard, bellyboard, skimmer, canoe, boat or any similar 5/91 i 13.08.120(a)--13.08.140 object made entirely or partially of wood, metal , hard plastic or any other hard substance; provided, however, no person shall use or have in his possession any hazardous articles, as defined in section 13.08.130, in any area of the water• of the Pacific Ocean, or within three hundred yards of the mean high tide line thereof, within the City limits of Huntington Beach, designated as a hazardous water sport area by the�V rector or his authorized agent, based on prevailing weather, water conditions, density of use,'-and/or other hazard inducing conditions. (b) The Director or his authorized agent, shall give notice of the time during which hazardous water sports,- as defined herein, are prohibited. Such prohibition shall be effective when a yellow flag having dimensions of 2 feet by 2 feet, and having a solid black.circle in the center, one foot in diameter, commonly known as a "black ball'" flag, is prominently displayed from a lifeguard tower, station, pier or similar structure. (c) During the times the "black ball " flag is displayed,, swimming and bathing only shall be permitted in the waters of the Pacific Ocean adjacent to the beach within •two hundred yards of the point of the display of the "black ball " flag, provided that where the '"black ball" flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures, that all waters of the Pacific Ocean adjacent to the beach shall be restricted to swimming and bathing only. (d) No person shall fail , refuse or neglect to leave the waters of the Pacific Ocean adjacent to the beach when such restriction and prohibition, as set out in this section, is in force. (e) Notwithstanding any provision of this section, the Director, or his authorized agent, may from time to time designate certain areas to be used exclusively,by persons using surfboards and paddleboards. Such designation may be revoked at any time and the area covered by'any such designation may be enlarged or reduced at any time. No person shall swim or bathe in the waters of the Pacific Ocean included in such area so designated except while using a surfboard or paddleboard: (769-7/60, 831-4/61 , Urg 1306-3/67, 1743-5/72, Urg 1776-9/72, 1856-8/73) 13.08.130 Hazardous articles. No person shall use any surfboard, paddleboard, skimmer, bellyboard, rubber life raft, canoe, boat, or any similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance at any time, on the beach or in the Pacific Ocean in a manner that constitutes a hazard to any other person. (769-7/60, Urg 1306-3/67) , 13.08.140 Beach games and practices. No person shall use any hard ball , softball , bat football , volleyball , shot put, hammer throw, javelin, boomerang, flying saucer or any athletic apparatus or game, or similar object, or conduct or participate in any sport or game at any place thereon, outside of the area provided thereof, or to conduct or participate in any sand throwing, blanket throwing or any sport that constitutes a hazard to any person. (769-7/60, Urg 1306-3/67) a 13.05.150--13.05.240 13.08.150 Digging. No person shall dig or cause the digging of any hole. in fry` the sand exceeding a depth of two feet. Any person who digs, or causes to be dug,. any hole upon the beach shall fill the hole before leaving the beach area. (769-7/60) 13.08.160 Spear guns. No person shall have any spear gun or similar underwater -fishing device in his or her possession. on the shore of any beach, unless the point of such device is covered by a sheath, cork or other . protective device. No spear gun or similar weapon or instrument shall be kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the beach, or in swimming areas therein. (769-7/60, Urg 1306-3/67) 13.08.170 Jumping from municipal piers and public bridges. No person shall dive, jump or enter the water from the municipal pier or any part thereof; provided, however, that this section shall not apply to the regularly employed lifeguard personnel of the City who are engaged in lifeguard training .or in emergency jumps from the pier or bridges for the purpose of saving. lives and/or property. (769-7/60, 911-7/62) 13.08.180 Climbing on rails of municipal pier or bridges. No person shall sit, walk or balance on the rails of the municipal pier or public bridges or- climb upon, over or under such rails, or sit, walk, balance or climb upon or over any cement walls which may be adjacent to such rails. (769-7/60, 911-7/62, 1935-11/74) 13.08.190 Climbing on lifeguard stations. No person shall climb or cause ; someone else to climb on any lifeguard station or ladder on the. beach or municipal pier unless told to. do so by. an official employee of. the City. (769-7/60, Urg 1306-3/67) 13.08.200 Leaving hazardous objects. No person shall lay or cause to be laid, any surfboard, paddleboard or similar object against any lifeguard station or municipal structure. (Urg 1306-3/67) 13.08.210 False alarms. No person shall cause a false rescue or call for help when it is not needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave. his tower or to have his attention drawn to a false alarm. (769-7/60, Urg 1306-3/67) 13.08.220 Interfering with lifeguard. No person shall willfully resist, delay or obstruct any lifeguard in the discharge or attempt to discharge any duty of his position. (Urg 1306-3/67) 13.08.225 Interfering .with park ranger. No person shall willfully resist, delay or obstruct any park ranger in the discharge or attempt to discharge any duty of his position. 13.08.230 Causing object to reflect. No person shall use a mirror, glass or any similar object to cause the sun to .reflect thereon so as .to interfere with the vision of any lifeguard or other person(s) . (Urg 1306-3/67,- 1535-11/69, 1743-5/72) 13.08.240 Curfew. No person shall be on the public beach within the City between the hours of 12:01 a..m. and 5 a.m. except upon official business of 5/91 13.08.240--13.08.320 the City. In the event of special circumstances so'warranting, the Director of Community Services, in his judgment, is authorized and empowered to modify temporarily the hours during which the beaches are closed. Said modification to be filed with the City Administrator at least ten days prior to the requested date. (769-7/60, 861-9/61 , Urg 1306-3/67) 13.08.250 Fireworks. No person shall light, set off, or discharge or have in his or her possession, fireworks on the beach. (Urg 1306-3/67; 1509-7/69) 13.08.260 Electrical systems. No person shall use any electrical outlets on the beach without first obtaining written consent from the Director of Community Services and paying such fees as may be prescribed. (Urg 1306-3/67, . 1509-7/69) 4 13.08.270 Speaker systems. No person shall play, use or operate, or permit to be played, used or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing sound upon the beach, pier, beach service road or municipal parking lot, at such a volume as unreasonably to disturb the peace, quiet and comfort of persons who are not voluntary listeners thereto. This section does not apply to the regularly employed safety service personnel of the City who use said safety equipment in the ,course of their daily operations, not to any public address system authorized by section 13.24.200. (Urg 1306-3/67, 1743-5/72, 1935-11/74) 13.08.280 Vehicles--Regulation. No person shall operate any motor driven cycle, motor driven` bicycle, motorcycle, automobi'le,. motor truck or other - vehicle orconveyance (regardless of horsepower rating or size) on the beach other than -for law enforcement, lifesaving or emergency' purposes, or for beach maintenance purposes, without the express written consent of the Director, of the Community Services'Department; nor on any roads on which signs are posted prohibiting such activity, nor in any manner or direction prohibited by posted signs, nor on any b'each -other than on the roads, drive's-ro r parking areas designed for such purposes. (Urg 1306-3/67, 2138-077) 13.08.290 -Vehicles--Speed. No person shall operate any wheeled conveyance of any type on the beach or beach service road at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum speed limit when pedestrians are,present shall be 5 miles per hour: . (.Urg 1306-3/67, Urg 2768-5/85, 2851-8/86) 13.08.300 --Delivering concessions. During the period of June 15 to September 1,5, any and all commercial motor vehicles of any type, must make their deliveries to beach concessions between the hours of 6 a.m. and 11 a.m. (Urg 1306—S/67) 13.08.310 Parking. No person shall park any vehicle except in designated parking areas; provided, however, that the Director .of the Community Services Deparment is authorized to permit parking along road's and in underdeveloped areas when, in his opinion, such parking will not interfere with beach area operations.' (Urg 1306-3/67) 13.08.320. Traffic control signs. The Director of Community Services is authorized ,iand directed to erect and maintain signs ,at locations he deems 5/91 13.08.320--13.08.340 appropriate, indicating the speed limits established by the City Council for beaches, along roadways and streets herein. The Director of the Community Services Deparment is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. (Urg 1306-3/67) 13.08.330 Removal of sand. No person shall remove, or cause to be removed from the beach, any sand without written permission from the Director of Community Services. (Urg 1306-3/67) 13.08.340 Glass containers on beach. No person shall have, possess or use any dangerous article or container such as a bottle, glass, crockery or other article used for carrying or containing any liquid for drinking purposes upon any beach or adjacent pier area in the City of Huntington Beach. (2882-12/86) 13.08.350 Beach and ocean closure - authority. The Director of Community Services, or any marine safety personnel officer, lifegurard, or other authorized agent shall have the authority to close any beach, harbor, or ocean waters of the Pacific Ocean in order to protect the public health, safety, and welfare. Such closure shall be effective when notice of closure is given through any of the following methods: (3101-5/91 ) (a) Signs stating that the beach is closed or that swimming is prohibited, or depicting a swimmer and a red circle with a slash through the circle, or otherwise advising of closure; (3101-5/91 ) (b) Public address announcements; (3101-5/91 ) (c) Oral or written notice from the Director of Community Services, any marine safety officer, lifeguard, or other authorized agent; or (3101-5/91 ) (d) Any other device or announcement reasonably communicating such closure. (3101-5/91 ) No person shall enter, remain in, or fail or refuse to leave a closed area of beach, harbor, or ocean waters while such restriction is in effect. (3101-5/91 ) 5/91 ' CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 10/2/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 12.10 Chapter 12.10 12 . 10. 010--12 . 10. 030 Chapter 12 . 10 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Sections: 12 .10. 010 Adoption of standards. 12. 10.020 Administration- 12. 10. 030 Application. t 12 .10 .010 Adoption of standards. There is hereby adopted by the city council certain standard specifications known as the Standard Specifications for Public Works Construction, 1985 edition, and the whole thereof , including all supplements and amendments, of which standard specifications not less than one (1) copy has been and is now on file in the office of the city clerk of the city of Huntington Beach. Such standard specifi- cations are hereby adopted and incorporated pursuant to Government Code sections 50022 .2 et seq. for the purpose of providing just, equitable, objective and practicable standard specifications whereby administrative procedures, construction materials , construction methods and requirements shall be es- tablished for all public works construction, and from the date ' on which this section takes effect, the provisions thereof shall be controlling within the corporate limits of the city of Huntington Beach. (Ord. 2813 , 5 Feb 86 ; Ord. 2684 , 4/84) 12. 10. 020 Administration. The director of public works, or his duly appointed representative, is hereby authorized and directed to enforce the standard specifications as herein adopted or as may be amended hereafter from time to time. (Ord. 2684 , 4 Apr 84) 12 .10. 030 Application. The provisions of the standard specifications, together with adopted standard plans of the department of public works, adopted by resolution of the city council , shall apply to all existing or new public works con- struction. Such standard specifications shall also apply whenever there exists, in the opinion of the director of public works, any condition which constitutes an active or immediate hazard to life, limb, health, property, safety or the general welfare of the public. (Ord . 2684 , 4 Apr 84) 335 T� CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 7/31/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 14.12 Chapter 14.12 l t J A /7-74' c �, CITY OF HUNTINGTON BEACH DISTRICT ZONING MAPS UPDATES Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE DM 2 DM 2z DM 6 DM 6z DM 12 DM 12z DM 39 DM 39z a PLANNING,._ 20NING. DM 2 SECTIONAL DISTRICT MAP 2-6- II ° - ° SCALE IN FEE, ■■`//�''/ ADOPTED MARCH 7,1960 NOTE: \ CITY ®F ALL DIMENSIONS ARE IN FEET AY CITY COUNCIL ORDINANCE NO. 754 Y ZONE ADJOINING ANY RIGHT OF w IS INTENDED TO E%TENp TO THE CENTER AMENDED—ZONECASE CT7 NO AMENDED Z72-16(E -77 NO OF SUCH RIGHT OF WAY 7-1-60 123 783 9-'S-72 T72 23 1775 LEGEND: 11-1-60 138 798 12-17-73 73-22 1889 2-20-61 14] 817 C-15-]3 73-20 1876 LOW DENSITY RESIDENTIAL DISTRICT �ItJNTING'I'®N BEACH 6 5-611]61]]OBJ]9J8 T5 8-4-75 75 3A 999 R2 MEDIUM DENSITY RESIDENTIAL DISTRICT 6-19-61 43 847 8-4-75 15-38 2000 9-IB-61 200,206 868 8-4-75 75-31 2002 CF-E COMMUNITY FACILIT ES IEDUCATI DEAL,DISTR I CT 212 900 B-4-75 ]5-3E 2003 5-7-62 IS 900 9-23-TS PPA75-2 SODS OF OFFICE-PROFESSIONAL DISTRICT 5-21-62 2" 903 9-'9-]6 7r6-04 2059 AMENDED ZONE CASE ORD NO 104-62 248 90] --76 6-07 2062 RA RESIDENTIAL AGRICULTURAL DISTRICT 10-15-62 269 932 6-7-76 76-12 2063 MI LIGHT INDUSTRIAL DISTRICT ORANGE COUNTY. C A L I F O R N I A B-20-S, SO-1.3 2391 -3-62 202 938 B9-76 6-15 2070 0 '-I6-81 SO-E 2477 1-7-63 288 938 6-7-76 76-15 2070 O MOBILE HOME DISTRICT -6-SI 61-6 2494 2-4-63 302 950 6-21-T6 76-B 2071 II-I-82 82-8 25B1 6 24-63 331 976 7-19-76 PPA75-8 2094 C-2 COMMUNITY BUSINESS OISTRICT I-3-83 82-12 2595 6-24-63 333 978 6-I6-76 76-IS 2107 © HIGHWAY COMMERCIAL -3-83 02-IB 2596 1-6-64 379 102E 9-21-76 76-22 2126 q3 MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT 1-3-83 BZ-19 2597 10-5-64 473 1090 1-3-77 76-24 2153 0 2-4-85 84-19 2749 4-5-65 505 1132 I2-646 76-4 2135 © NEIGHBORHOOD COMMERCIAL 21-86 86-17 2854 2-21-66 545 1186 4-1877 OLD TOWNCPECP 2171 II-3-86 86-4 2A G 10-3-66 66-40, 1256 6-6-77 77-1 21 GO R4 HIGH DENSITY RESIDENTIAL DISTRICT 7-1 2906 2-17-69 68-18 1470 6-20a7 77-8 2202 C-C COMMUNITY FACILITIES(CIVIC)DISTRICT I'-TI-BB 88-11 2980 2-17-69 68-52 11— II-IS-]6 PPAT6-8 2129 SETBACK LINE -88 88-13 29]3B 10-6-69 69-23 527 5-38PPR76-6B-2EB@2552 Ml COMBINED WITH OIL PRODUCTION 10-19-70 70-10 I6OG 12-19-77 TT-2 2277 1 3-15" 70-28 1639 0-I]-]0 78-2 22]] -01 12-20-]I TI-IB 1691 9-19-7] 77-13 2224 � QUALIFIED GLASER ®PRECISE PLAN OF STFEETALIGN 12-6-]I 71-32 1687 9-19-77 11-14 222S 7-17-72 72-16P) 1760 II-20-]B 78-13 2328 -LO CIVIC DISTRICT ---OLDTOWN SPECIFIC PLAN 34 s J+ r-IB03Dy IGARFIELD L I ! AVE. I 35 3 L 6 3 2 _ 2 I RA ORZ ICI ii a25 F 330E m - - - 5 �owAD ar)y'I C—C N N 225 o R2 5 N M H R 2 N R2; 5D N o MI MI- _EAaooF .:. C2 g A a. $'}art�sy' O R _O 'FP° 250 N LWE ELK SV300R3 83004 J .. ' R2 I �;_R2f- a a RA oa �? R2 R 2 R2 ;1 R2 C 4' F R2 w, R 2 r Rz j_' R 2 3 R 19589$o(Q)R2-01 R2'a5`.A m I OLC TOWN SPECIFIC 3 R2 8 PLAN(DISTRICT I.) RZ 3oo.Iz zenlz (n� (� CLAY li"c-Iss' AVE, C2-U-CD �aRa.] ______-- OR _ 354 o I(pp 425 e•4 r-2 _ SEASPRLNG_J 0 .W a''' o., z o R3 z2A o - R3 C2! R2-0-PD o a oo ' n R4 I O 6.'a� " R2�0 uN 1. 20 R2 NLINE TR 3950 R2 15 bba w>a• - - _ .__. i-r,-.(VJa„J's1N 'rc , -OWEN--- N AVE Rz-ol-P9 1..�,- 1 33,wL.i� ! zl RI 290 _ C2-0-CD 1��;Y _ 452" C—ELAND 4ND q //�� C2-0 T ;ig o ANA CR 50N NB939'S o3o e93956E j 5bD72 �P-ol,cD mR2 0 PD; R2_0 RI J RI 5 ��' 3 NILLIAMS AVE 1 ~ 8m C2-OICG=� ¢/ IpO- N Ow55- �n oa ; e 2� E TR 3950 _254 ?� os'f Ne9395bw s6°so'DD'w 559°49'3o'wBz�AsyDF1N rc �, ','-L� .� �E Nb�3a5�w~ �,� Q �� R2 R2 R2 s j OP-0-CD R2-0-CD 'I, C2-0-CD � '-R 0 PD-C q y R 2 33D 2B 0 B91 5, ,r_XY Ir Q 3 S L2-CDC n +� IRZ * C4ACj�- PRE._-____-_�PQ FnrN9�•-3 230 YORKTOWN } -- 11 9•39'sB E - _- AVE. b53 34]sB 8 4 ij- '� !3 C2 ' °$R1-01-CD 8 R2-0-CD kC4 b rvB939Bbw R' 0 R2 -0 31D�1 3000' z3B' C F-C 290 CF-E-CD I',TIR' R2-0-CD 50 RI-0) R A 565 9b BT R 2 C 2 ICHITA�--�AyE 3 oCF-E-CD- -CD-0- ;" �L _ R2-0 R2 R2 AY CIS _ (RI-0) 0 T N II CD 0 a CF-E RA SP IFI P N ' -CD-0 VENICE ..JE PI-O) (DI RI T O) O CD CD-0 $ - -CD 0 U 3o R4 7'zo"E F OF i 3 NB9.3a w _ ---•�UTICA IB4�w CD-0 Q F- R2-0 R2-0 1 RI-01 4=� o Ho Ho IHH o 1199 CD-0 5'N C'E �ryl�k CF-R RI RI RI RI RI R2 IORolvro Alc , p o RED , o� N -C O 0 D I AHSANTE[R � D-O � R2 v C 1 a SPRINGFIELD ] ,]~j O Q \ O ALTAMAR DR as I �(D / N N o 0 I '' oa 0 -0 0 -0 -01 -01 I N N D1 e _ 2 AVE Q 1a ? oaB��'2' e N Z RI RI RI RI RI R2 -Q ROCHESTER o a R30 R3�0 a U .Q 0 a An A 1R w sQq,`� JyF� RI-0 Ms a J 0 O UP 0 R3-0 R3'HO �w m R10ADAMS —� 1 AVE r I � 9. 1.o SECTIONAL DISTRICT MAP 3-6-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP (-Z35 GARFIELD AVENUE w V LAWN PVE OR R, B RHEYC CHURCH OR IXINTRY G4 —Q1 CR F- On w N OR w 0 0 OR aj 1 RK ------------- -- 'FRI,I CP -A 00 0 3 PLANNING ZONING DIM 6 SECTIONAL DISTRICT MAP 6-6 - 10 -- NOTE: CITY �� ALL "DIMENSIONS O ARE INN FEET 4DOPTED AUGUST I5,I980 Y 20NE DJOINING A R1„Ht of WAY IS INTENDED TO EXTEND TO i E CLNIT N CITY COUNCIL ORDINANCE NO. 765 OF GEcN RIGHT OF war LEGEND ' TONE ZONE O QUALIFIED CLASSIFICATION AMENDEU CASE ORO NO AMENDED CASE ORD NO OOP OFFICE PROFESSIONAL DISTRICT 5-21-62 240 903 7-20-68 68-8 .412 8-2-62 240 ROO -IS-6B 68-8 1412 © HIGHWAY COMMERCIAL DISTRICT �N INGTON BEACH -11-31_62 309,3 268 g� B_a 69 6ro9-I68 I163 __ SINGLE FAMILY RESIDENCE DISTRICT -7-63 2 4 947 9-7_71 71-12 I65] R3 LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT 4-1-63 30 . 958 9-IB-]2 ]0-26 Is., 2 COMMUNITY BUSINESS DISTRICT 5-S0 321 966 6-6-]3 73-11 1861 FC 10-7-63 345 996 1-4-84 FLOOD 2696 TWO FAMILY RESIDENCE DISTRICT 10-7-63 366 m0] -I]-83 FLOOD ZONE 2604 ORANGE COUNTY CALIFORNIA 6 3-64 427 10060 6-21-96 96 ?a 4 ® RESDMOBL HOMEITIAL AGRICULTURAL DISTRICT LTA MOBILEHOME DISTRICT ' -19-64 457 1079 10-5-87 8]-I 2906 F-E COMMUNITY FACILITIES(EDUCATION)DISTRICT 12-]-64 4B2 1106 2-15-65 496 1122 © COMMUNITY FAC'LITIES IRECR EATIONALI DI.TRICT 3-15-65 452 .082 6-21-65 511 1146 CFL COMMUNITY FACILITIES(CIVIC)DISTRICT 2I BE 544 1187, DESIGNATES PRIVATE STREETS ]-18-66 6fi-2] 1228 --- 1C-3-66 66-42 1251 SETBACK LINE 1-3-67 66-59 1218 ;_2 FLOOOPLAIN DISTRICT 2-fi-67 66-58 1277 // WITHIN FLOOD ZONE-FP2 36 JI 9-B-67 67-22 349 31 32 I 6 4-1-68 68-3 1400 5 GARFIE I AVE. CITY- OF HUNTINGTON RI AV2 20182 F, RI Ka­ RI RA _}-1 - SHERRY Lfl ALBACORE EJ DR o� N R1 o V J I10 _ 4° /�^ RI RI RI RI 0 RI Rlp RI F GO 1 C f WILLHELM CR I}I (o = BASS DR. Ri o I N - V RI g - _ U MH R 3LITCMFIELD DR. R I i R I R I R I a C2 HEATHER L 0 1.� J J 6 Z 694 FL F7-j I �; f=RI a ELARDO DR VELARDO ~ DR HYDE PARK DR 1 R I R O. C. F C D. m zoo 1060 r:N F'� I R� RA ''�rJ — o ----"-""-- 4n12 U /- --"----------------------Z--- -IF Q � 126D (J L� ----------------- �J - �-� KREPP OR. J - FLOUNDER DR` z $ C F—E z RONNEY DR. POLLACK OR x.� �GW OR RI r;;:E;q:.;l s..1...•:I mRl RI u RI F21 RI RI J i21 RI Mf� BLANE C _ SAILFISH DR, _ RI RI ir RI w 61112 BRABHAM Di 2 KAREN C LL TARPON. DR R! - m Rf RI RI RI : RI ANNIk 3 DR O W GRAND ' u DR. 3 F RI E! 3 RI m RI FAIR TIDE, —C4 YORKTOWN ' RAVE. o-� R I° o RI � R I --- 97013 g 4 R VERONICA ; DR. J GREENWICH DR c OELAFIf:P L m j FREDERICK CR RI O o. RI 101RI a RI o RI RI I cK;:s a•:-I RI / WARFIELD DR O ,PORTSMOUTH DR., NNSBRUC' DR MOOR CR k RI RI RI RI RI RI f21 z CF—E RI .NANTUCKET DR ' IF m1 a m CR _ ELVA LR WOOCLAWN _ RI CF-R03�v1')SHARID ;"HDa-I o RI R I ��s 4 CONSTITUTION DR. MADELINE DR. LL m HYANNIS PORT DR WARBURTON OR s a R!A. R I R I g 0 R I 3 CF-C ]F CAPE COD. DR.� TELHAN OR 90 RRETT 80 pl RI p NORTH LINE SE V4 EI/4 SEC 6-6-10 F CF—E -F p _ _ ------R--� ; A. Dq J J LYd,iiGt!:•b'S1J-P:'•!;t.) GROTON DRJ 91CKLEY DR I R3NI R3 J R3 R3�3j R3z a Q PIONEER DR. PETTSWOOD OR R3 i321i± To R2 3 oN n Ca 6R NaSW°m L RI RI RI RI RI �R3 R3 R3 Rap Ft3 R3 R3 R3 R3 K R3 8NR3 ¢ GETTYSDURG DR R� sHc °P �L �k 5 "MINE LOT BS TR 4493 RI O W. IY q 3 .R3 A - O °R. CRAWFORD CR w ai W R3�LN v o R3 W H Ilo DO 10 C^ F ,O N U o R3 R3 r '7 Y 1 R I o R3 �aug1 u'q°ss oR V __.—____ BE —SIN FOR DR R3 R3 6 ADAMS AVE. / 6 3 2 ] 7 B SECTIONAL DISTRICT MAP 7-6-10 w� CITY OF µ UNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP , S Jul ADAMS O AVE. OLrnIFG DR r ROC MOJNTAIN OR RAINIER CR o �j OOOK I__ _- o VT Q - CATHAY CR 7 MEDITERRANEAN DR _ o NAUTILUS DR _ -- / - - KINGS CANNON OR CANDLE WOOD DR _ L—EN -— MAMMOTH DR I HF SC—ALL CR _ m1ELLOWSNNE 1,fiI7NI9: TETT DR CF-E O �was \ PADDOCK CP - Q ZO ___ - __O: 3_._. _ ^`..',`i`'.-)iAW[:S U PECK DR �Po Q- - Q -Q CF-R ON CR n BflowwuD DR HAZELBROGi m 3 DR 5 Ij ICCC� RDANT DN BIG SUP OR BAY VEADOW DR f i -- !`"'r FR ) 1 �._ -- -- m VICKSBURG DR ,:.Has sr,�ie�:: I 1"RI'Jx,'rEl - $_ In - ___ coAGTLANo DP _- - ?STRATHGONA- OHAVEN Td DR - 9 _-- ; - HOT SPRING OR INDIANAPULIS gCAITHNESS - DR - LA CRESTA CR J - _ - - — C F-R 4 ' L LBREGGAN DR HI.. DRF ZETLAND DR — SALINE DR - ELLSWORTH DR. C F-E ¢DASTLEGAT DR — - _ SPINNAKEN ¢DR CK DR':_) DUMBRE o _ w rc r ALBANY CC LL -I H T - -- - - NETHERWAY DR - VOYAGER CR - - �CF-E w --�- - - o -- SPENCER CR SUNRIDGE DR ERSKINF DR (T''.�iti) _ - SILVER STRAND DR _ _ LEVEE DR J CAPROLLTOWN 9i U WOODCREST DR FRIARSCOURT DR STAR OR O _ Z T - I-1-- - -- CF-E Q WtNTER WOOD Cfl ----- J LAPWORTH CR PLAND DR COMSTOCK CP ENDEVER DR (f) BD CIA.— DR -- T � SKI HANN CR w o WESTCLIFF DR __ Q A -- - to CHANCE CR o §HATS-AGJE DO 2 FIRESIDE j DR j SCOTSTOVN m OR KITE - DR may} Y m / ATLANTA = , 'AVE. /- B T B Ie n PLANNING ZONING ®M 12 SECTIONAL DISTRICT MAP II-6-II . WI HIM %/, WITHIN FLOOD ZONE-FP2 ADOPTED MARCH 7,1960 FP-21 FLOODPLAIN DISTRICT CITV COUNCIL ORDINANCE NO 754 L=4 QUALIFIED CLASSIFICATION ��T$' T ®� 174 ZONE ZONE --Z COASTAL ZONE SPECIFIC IX CITY, �ly/ AMENDED CASE ORDNO AMENDED CASE ORDNO AMENDED CASE ORD NO --COASTAL ZONE BOUNDARY 3 2;60 Ii9 756 8 5-74 74-7 1930 0 0 06 06�10 2856 —OLDTOWN SPECIFIC PLAN II 19-EI T- _ 6-3-iv 5-T 198E BIIB-EA 86-II 2856 ® MOSILEHOME DISTRICT 6-E� 20I Bib 0-5-75 75-3C 2001 - -86 06-12 2856 Lp� PLANNED DEVELOPMENT DISTRICT 5-7-fit 237 900 9-15-]1 TDWNLOT2013 e-IIB-Go 86-13 2856 RI LOW DENSITY RESIDENTIAL DISTRICT 10-1-E2 2" S2. 2-Is's TOWNLOT'C'4 B-IB-86 86-14 2856 12-3-62 282 ?38 7 76 76-3 2080 B-IA-B6 8G-IG 2856 © MEDIUM DENSITY RESIDENTIAL DISTRICT �® BEACH 19-63 3475-63 545 992 I1-117-T6 T6-19 2111 p_z-886 8-1 2856rR T 9.4-65 — '9111 4-I8]]OLDTOWN2ITZ II-T-86 P86!8 28so ® MIGH DENSITY RESDENTIALSIDISTRICT DISTRICT -17-66 536 1180 2-6-i8 71.—S 7-10-BS BE: 2950 2-21-66 545 1221 212R7 TT-23 2243 9-19-80 88-12 2963 ]-5-66 66-23 1221 1212aT TT-32 2244 II-21-BB BB-II 2973 10-3-66 66-41 1250 22I-Td ]]-32 226E II-7-89 88-13 29i3B CFR COMMUNITY FACILITIES(RECREATIONAL)DISTRICT COUNTY, � TTI N T VCALIFORNIA 3-6-5i 667-56-68 I304 -7-71 77-18 2236 I-8-90 89-3 3029 E COMMUNITY FACILITIES(EDUCATIONAL)DIST 1.T ORANGE V® V 1\ 1 1 9 IB 67 67-67 2 13 9 Z IB'8 ?8 9- 23g5 I-22-90 89-4 3030 R5 OFFICE PROFESSIONAL DISTRICT '1 9-6-69 68-z9 1463 IB-]-6C P]9-832391 2409 C� NEIGHBORHOOD COMMERCIAL DISTRICT T-21-69 69-I III ''"�-�=P+'9-'a':+. 0�.2T COMMUNITY BUSINESS DISTRICT B-4-69 C9-13 I515 "" C�q] HIGHWAY COMMERCIAL DISTRICT 4-20-70 69-35 Di2 T-Z-81 BI-5 2495� ® DESIGNATES PRECISE PLAN OF STREET ALIGNMENT 5-6-BSI N-6-79 PPM-2 ""3491-1-80 OLU CNIC2410 CU] 10-19-TO 70-10 IE06 IOHT-83 83-2A 26'GA 1 5-21-]93-�6-TI pF'B-4 44,236010 IT-83 B_20 2646E E—QL- BWED WITH OIL PRODUCTION -3-7I TI-3 1645 108]-83 83-2C 2646C 1 \ 7-6-TI I655 7-2-64 d4-7 2706 -- SETBACK LINE 8 II-1-71 71-29 1BP II-5-B4 P284-2'7'7 /2�� V 12 442 2-29 1794 11-5-09 PP88462 2T36 B COMBINED WITH OIL PRODUCTION \\VI '-20-]3 '2-43 181] 9-3-85 - 2]90 IN AREA BOUNDED BY PALM /-III 12 ID I: 0-5->4 3-26 IB23 1-17-83 FLOOD ZONE 26O4 AVE ON NE,SEVENTEENTH ST \L� I\ ADAMS AVE. 1 ON NW,OCEAN AVE ON Sw/ —i U ULJ �_J�J U t I u I I;I IB SEVENTH ST ON SE L RI-0 RI R I R-I r R-I R-I R2 $l H 4---- u(0)oLDTo Nc .I��a C2 501 ee r RI R2 N C41 -0 ;SPECIFICS LAN a���._ $L'Oe "'>.89jT COMA AVE 25 PORTLAND AVE R I _0 � PorerLaaD °R (DISTRICT 2) j a. aoaoza a � .63o_k RI RI RI R2 -0 OSWOGO AVE. AVE ; ("RP-PD-10 Pp C F-E THIRTEENTH ST.S M R I R , N�� M I %R2-PD-fO IN RI RI rb RI 0 I� : : I DgRIN� `'y ST L TO SPECIFIC d - y< RI -oi FLAN(DI RICT TV(!0) / R2-PD1OCF_R R I R I 1zs I R2-PD-10 ; P.k= n AVE. _2BD ELEVENTH MED 8oCF-R I E�NLJ-� (0)R2 q2 RI �e u AVE I R3 C4 ,p y� RI RI NM II o� oa o� oo aoI 9c RI rENrH �\ 9Pjv �qr RI RI 0)R2 sr 5o P ti RI I--- KNOXVILI_E SAVE. = ® � �SCI LL.J U� R3 R3 "ryR3 C4 TOWN LOT SPECIFIC (D)R2 9`f D:D: _ AVE. PLAN AREA ONE p I 135 (SECTION"N R3 0)R2 (0)R RJzi I �1II� 11 I RI T 0 ) ` Ia R3 R3 p R3 C: NA u� _ � fl� I—LL-JV 135 o INDIANAPOLIS _ ---AVER � N I I I P 50 9�' y PAL_ L— --.� u L�JI-1 �ry C� Cfr N HAI VJ I AVE P A \ SA V < GENEVA o� f J �11 1I��III ACACIA a AVE I�� - per' r h Q\/ DF O FRANKFORT �- k j �� � OLDT N MH SPECIFIC LA - IL (DISTRI E) 1! ELMIRA AVE I 501 PECAN _ 11 cn � M H-FP2 G O OC�9'L Z S DETROIT AVE. 3°:1.5A�.:v1•;'1:.h; �0 �/ A 9+ OCHICAGO Q�p �VE 'z's 'tt`2 ti 0 IFIC J <� �� Rz.D R2-PD-CZ-FP2149.�_ _- w FiZC -FP2 . m O a` DI i 5a y a s;« "N P I£FP a _ I R2-PD-CZI=j T,,II 2 p BALTIMORE AVE wN1 1LLNV o - �ai0 Io1O- C -----------------------0g="�rc TO 9/ / P� Q' R2-PDBCZ-FP2M!KRI R2-PD-CZ-FP2 _.'.J I d� / °c •'9/�T c��% O ` Qa22a Oy 2,h ATLANTA 0 /1000 AVE I � SCALE IN FEET 13 az 4` NOTE ALL�/ DIMENSIONS ARE IN FEET ANY ZONE ADJOINING ANY RIGHT OF WAY INTENDED TO EXTEND TO THE CENTER O(�S` OF SUCH RIGHT OF WAY r•� � I F a� SECTIONAL DISTRICT MAP 12-6 -11 �° w� SCALE IN FEET ¢aQ CITY OF UNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ADAMS AVE J L I i i+L 16 Napo Q NORTHPORT DR TON CR J k1 s. SEABflIDGE q,^e9c AY; r 3 PAGE CR. J CENTER .: +"";�S,F..•rR,,;4q, s F m 1 BOOTHfiAT CR HpXTON CR VISCOUNT N DR i,�Qry`�`••� PRINCESS CR. BELLSHIRE OR ,�t`[%y i4i MILLBRIDGE CR OXLEY CR w & - KNIGHTS ZH MIDBURY OR. ITERRANEA fa., _aaRC6i i"' w NORFOLK DR KELSO pR - �PTT JFFFF DR - tl sEninam 3 ¢SQUIRES C GAI LANT OR 77- a CAlz PE NEWWRY DR �'M45TERg �} O 3 _; DR i BURLCREST OR LL _-•NgpO i il q T CF—R souTHPORT OR V U (r l!) L4Rr ; rCN -F^ i DR h'Oq,Y SEABRIDC o;E nSEALROCK"' OR HENTON DR CF-E _ n D; m OR, Ofl J �4Jy BLDEL DR. w M4Ry4CE m rc /\ SEAPORT � � q w>tEv�wu+ � J AIL Ofl W MUNST�z DR J TRUXTON DR IER 4 w S _ CF-R z MALLOY w DR i LHARFORD DR BAINFOROw DR - W 7 INDIANAPOLIS — AVE REILLY DR ''�m. %% i, iq' S• �`. ,.�, e�;; ESBTIDE C J fit • •P•, C F-E TERN CR m t4 Cosa-sA_` SAIL CR I`�. �.,.. ...._..�..,1 R��l;' HERON CR _J- _ Z AID C MERM '.•.•.,. CRANE CR ... __ yUY4`.- �;�NNa�____.•: � Da`cd 0 SUNSET C KINGFISHER _J MART CR VARAS Q U F e� SEABIRD CR ALVARA00 DR - Z Q K O = Q EVELYN CR 3 CASTI LIAN OR .r W G LL - m U Z t _ SNOWBIRD N�L LR J _fur Z;J 10 2 A 13 + Tr ATLANTA AVE PLANNING ZCI"';Y' DM 39 SECTIONAL DISTRICT MAP 35-5-II NOTE ALL DIMENSIONS ARE IN FEET. ANY ZONE CITY ®� ADOPTED MARCH 7, E: TOJ THE ANY RI GNT OF WAY T INTENDED TO EXTEND CITY COUNCIL ORDINANCE NO T54 TO THE CENTER OF SUCH RIGHT OF WAY AMENDED C43E ORD NO AMENDED C=SE OPD NO AMENDED CAASEE ORD NO 9-6-60 III ]90 6-18-T3]3-5 1854 12-3-84 84-16 2]3B ® QUALIFIED CLASSIFICATION 10-3-GO 126,:2> >95 6-ID-T3 T3-8 IB53 II-2T-66 06-2 2059 ® PLANNED DEVELOPMENT DISTRICT II-]-60 130,133 T98 10-IS-]3 T3-I6 IBT4 9-8-8> B]-10 2913 ® RESIDENTIAL AGRICULTURAL DISTRICT 12-1960 Ig4,13B BOB 11 19-T3]3-IB IBTB 9-21-8>PPSAB>22916 S-IS-61 1,149 B39 5-]-T3 PPA>3-I ill2 10-5-BT T-I 2906 INDUSTRIAL DISTRICT IJNTINGT®N BEACH 0-2-B 19R 900 4 T321 891 2-I 8]-II 292] MI LIGHT INDUSTRIAL DISTRICT 5-7 62 212 8]6 12-I]-]3 73-23 IBB] 5-T-62 23] 899 10-15-73 73-20 1876 © COMMUNITY BUSINESS DISTRICT 5-]-62 238 900 8-5-]4 74-6 1936 ----SETBACK LINE 8-6-62 258 VII8 12-9-]9 T4-15 % Q LOW DENSITY RESIDENTIAL DISTRICT II-19-62 2]4 93] N-1B-T4 PP]4-3 1951 1-7-63 293 946 7-6-T6 ]6-1] 2081 OP OFFICE-PROFESSIONAL DISTRICT S- 17 5-64 429 056 2-]-]]]6-26B 2168 2 MEDIUM DENSITY RESIDENTIAL DISTRICT ORANGE COUNTY, CALIFORNIA 1 I78 6] 542T I3>3 18.2 5 20]]PT]-]-P Z2Z11ZZ8pp4 O NO IUM-HIGH DENSITY RESIDENTIAL DISTRICT 6->-68 60-15 1421 12-19-77 T]-2T 2250 © HIGHWAY COMMERCIAL 2-I]-69 68-54 I4]5 2-6-T8 ]]-I] 2238 6-16-69 69-II 506 12-I]-]3 SP>3-I RM3810 I®- RESTRICTED MANUFACTURING 01STRICT 9-2-69 69-21 1522 2-21-TB SPT3-I Rp9590 CF-R COMMUNITY FACILITIES IRECREATI0NAL)DISTRICT 0-19-]0 ]0-10�606 3-I]-00 79-10 2418 3-1->I TO-2> 638 ]-21-80 80-9 2444 CF-L COMMUNITY FACILITIES lCIV IC)DISTRICT 8-I6-TI 7I-14 1662 2-I]-81 80-1] 2472 ® MULTIPLE FAMILY RESIDENCE DISTRICT 1-I]-T2 ]I-I]IT09 3-15-82 PM821 R45104 SENIOR RESIDENTIAL DEVELOPMENT 4-3-]2 T2-B IT40 3-IS-BE 81-13 2549 COMBINED WITH OIL PRODUCTION 2]26 B-T-]2 PPT2-6 I]68 11-1-82 82-13 2584 COMBINED WITH OIL PRODUCTION 34 35 9-5-T2 T2-18 TT3 9-5-T2 ]2-19 I]]9 II-1-82 82-14 2582 I CIVIC DISTRICT 6-S 72 T2-6 I]4] 6-6-83 83-3 2621 �II!/ll PRECISE PLAN OF STREET ALIGNMENT 12-4->2 T2-34 IT95 ]-5-63 83-5 2628 TALBERT 4-2-73 T2-041826 S-Ifi-83FPp82-I Rp 5264 AVE _____-- pgIVATE STREET { Is VE l � J TL .21 J x � 35 36 MI-CD ---- „(0) MI MI-A M E3�(3)R2}PD 1 HARRIMAN AVE N 1 o PARKVItW-- Y IW (M 1) MI-CD s MI-A F--R4-SR 13I 3 1 Clk N3� ' HAPPY DF 50 DO VINCENT 1 Rog SR R2 SR 56i5: RI C 4 CF-R I MI-CD MI-A R1�... - o-:_::;rlrr;�T r: .. I' ;.-;.;I _ ""R4-SR r,a:- --=660(RA_D,--, (r��, (MI-CD) PR 99 •,� RI 660=r ; RI (MI) i E{ TAYLOR OR 5]]20 y Rd RI z7 (RA-0-CD) lie MI-CD M I MI 3 C 2 5D ' ONTARIO DR :Ip RI 660Q R I '3 CF-C - RI 6DD4B m w MI w DNN CR ----_�-OUEBEC DR RI RI w 3113T 289.11 TFAINING FA,;) R3 5' — --� - ---(Mu RI s oaz R I xAca leer n__o CF C 1 mouNTJov DR ALBERT' DR m r IN w o s CF-R - RI RI RI a R3 (RA-0-CD) (Mu 1>eRTi MI-CD RI FP a 50 I--- W CF-R 34000 i Y KON DR FR LIN DR z C4 —I _ (MI-CD) AUTO PARK M I ( RI R3 R3 JO. OR 1007 41 9 (MI-CD) I MI-CD V pPPLEBYV RI A Ft3 RI R2 R3 w R3 ELLIS RI —(— MI ,' MI-0-CD eye. =__ �4 R2 - - 7`' 501 MI R 2 --_ ____ C 2 �s c 2 RA-0-CD 6M- R2 o E — Ewm OP L—j 660 WxANBERLEAF CR. /\` @9VTES46X61 J3R 2n>2 M2-0 R3 p 660� 150 32915 TO OP leo — R3R30-- (DISTRICT:2 R2 00 0 M I N LN LOT TRA-0 140 90 2i�'Oa 2..o (DISTRICT. RQ- -C"FiII�� MI-0 W R211 lR2 ONE M ERNEST AVE MI m DP / C M1 MI-O-CD�` F - �' 300- 3 MI-A-CDACIFICA Col 4MUNITY PLAN. R3 •� MI-01 a H�A•I�:J„ (DI ICT ONE) M I-O ¢ M2-DI9°3r 105—600 299 Bo Z MI-A-01-CD F a N�R2 a -Ug{Ea.' m U o MI-GI OP sIO �°J ^F�= = w o OP a ; m 3"TOE OP o 301TO - R2ad ¢m R3 _ sp MI-A-OD R2 R2 R2' I--Yrj o� 330 300 OP I"(L gmMl-A-01-CD MI-0 6 RA-Dm— - - DP- - R2 --, -- GARFIELD AVE 34 35 � 35 36 3 2 2 I LANNING am SECTIONAL DISTRICT MAP 36-5-11 CITY OF HITN TINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 4 36 31 TALBERT I AVENUE 11 No CF-E GLADYS AVE l'— w w IE 0 03 u Lu STERLING AVENUE W -E9 0 oGuERNER KINER KINER AVE 11E 11 A—RIVER OR 11.L—U DR LE CONTE DR VOL ARI R GN ANCY CR im TRINITY RIVER cIP FORELLE Jj R PHOE 0 LA PALNA 3g: o � e .LNG g I OIL— MCI u 0. GRAT"I' DR �ELMIWOOD 1-11 ST L DR. BLIJI BIRD AVE —T— SPRING OR CHUCK R w z Do IG GARTER C lull� i�ET OR— -- — I G: z 0 A mg OR WOODPECKER AVE z z < TE NA17 GARFIELD —AVENUE 0 CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 8/27/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 9061 Article 9061 I 9060--9060.1 Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1/62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-5/91 ) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business .C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use. ROS Recreational Open Space Sl Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 5/91 9060--9061 The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-5/91 ) 5/91 ��, CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 7/17/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 3.36 Chapter 3.36 loll h 3.36.010-3.36.010(c) Chapter 3.36 UTILITIES TAX (1598-10/70, 2211-8/77, 2452-10/80, 2470-2/81 , 2886-12/86, 2933-8/88, 3095-4/91 , 3096-4/91 ) Sections: I 3.36.010 Definitions 3.36.020 Telephone tax--Imposed 3.36.030 Telephone tax--Charges 3.36.040 Telephone tax--Intrastate use 3.36.050 Electricity tax 3.36.060 Use of electrical energy 3.36.070 Gas tax--Imposed 3.36.080 Gas tax--Exclusions 3.36.090 Water tax--Imposed 3.36.100 Water tax--Exclusions 3.36.110 Repealed, Ordinance No. 2232, 7 Dec 77 3.36.120 Exemptions 3.36.130 Collection of tax 3.36.140 Collection--When made 3.36. 150 Collection--Commencement 3.36.160 Filing return and payment 3.36.170 Delinquent when 3.36. 180 Penalty--Effect 3.36.190 Penalty--Imposed by administrator 3.36.200 Penalty--Combining nature 3.36.210 Actions to collect 3.36.220 Failure to pay--Administrative remedy 3.36.230 Assessment--Administrative remedy 3.36.240 Assessment--Hearing 3.36.250 Records 3.36.260 Refunds 3.36.270 City exempt 3.36.280 Senior citizens--Exemption 3.36.290 Application required 3.36.300 Notification to service supplier 3.36.310 Service supplier--Duty of 3.36.320 Exemption automatic 3.36.330 Tax billing exemptions--Effective when 3.36.340 Violation--Penalty 3.36.010 Definitions. Except where the context otherwise requires, the definitions given in this Section govern the construction of this chapter: (a) "City" means the City of Huntington Beach. (b) "Month" means a calendar month. (c) "Person" means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society, individual or �. municipal corporation. 4/91 3.36.010(d)--3.36.050(b) (d) "Service supplier" means any entity which receives taxes paid and remits same as imposed by this chapter. (e) "Service user" means a, person required to pay a tax imposed by this chapter. (f) "Tax administrator" means the Finance Director of the City. (g) "Telephone corporation, electrical corporation, gas corporation, and water corporation" shall have the same meanings as defined in Sections 234, 218, 222, and 241 respectively, of the Public Utilities Code of the State of California, as said Sections existed on January 1 , 1970. "Electrical corporation" and "water corporation" shall be construed to include any organization, municipality or agency engaged in the selling or supplying of electrical power or water to a service user; however, as specified by Public Utilities Code Section 218, does not include a corporation or person employing cogeneration technology or producing power from other than a conventional power source for the generation of electricity. (1598-10/70, 2933-8/88) 3.36.020 Telephone tax--Imposed. There is imposed a tax upon every person in the City, other than a telephone corporation, using international , interState, and intraState telephone communication services in the City. The tax imposed by this Section shall be at the rate of five (5) percent of all charges made for such services. (1598-10/70, 3069-4/91 ) 3.36.030 Telephone tax--Charges. As used in this Section, the term "charges" shall not include charges for services paid for by inserting coins --� in coin-operated telephones except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "telephone-communication services" include land-mobile services or maritime-mobile services as defined in Section 2. 1 of Title 47 of the Code of Federal Regulations, as such Section existed on January 1 , 1970. (1598-10/70) 3.36.040 Telephone tax--Intrastate use. Notwithstanding the provisions of Section 3.36.020, the tax imposed under this chapter shall not be imposed upon any person for using intraState telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed by Section 4251 of Title 26 of the United States Code, as such Section existed on January 1 , 1970, without regard to Section 3.36.020. (1598-10/70) 3.36.050 Electricity tax. There is imposed a tax upon every person in the City using electrical energy in the City. The tax imposed by this Section shall be at the rate of five (5) percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges" as used in this Section shall include charges made for: (a) Metered energy; and (b) Minimum charges for service, including customer charges, service charges, demand charges, standby charges and annual and monthly charges. 4/91 a 3.36.050--3.36.120 In the case of a service user employing cogeneration technology the tax imposed by this Section shall be based upon the legal rate per kilowatt cogenerated, as charged by the applicable public utility. (1598-10/70, 2933-8/88) 3.36.060 Use of electrical energy. As used in this Section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries. The term shall not include electricity used in water pumping by water corporations; nor shall the term include the mere receiving of such energy by an electrical corporation or governmental agency at a point within the City for resale. (1598-10/70) 3.36.070 Gas tax--Imposed. There is imposed a tax upon every person in the City using gas in the City which is delivered through mains or pipes. The tax imposed by this Section shall be at the rate of 5 percent of the charges made for such gas. (1598-10/70) 3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed in this Section is computed: (a) Charges made for gas which is to be resold and delivered through mains or pipes; (b) Charges made for gas to be used in the generation of electrical energy by an electrical corporation; (c) Charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities; and (d) Charges for gas used in water pumping by water corporation. (1598-10/70) 3.36.090 Water tax--Imposed. There is imposed a tax upon every person in the City using water in the City which is delivered through mains or pipes. The tax imposed by this Section shall be at the rate of 5 percent of the charges made for such water and shall be paid by the person paying for such water. (1598-10/70) 3.36.100 Water tax--Exclusions. There shall be excluded from the base on which the tax imposed in this Section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or a county or municipal water district for water used and consumed by such department, utility or district in the conduct of the business of such department, utility or district. (1598-10/70) 3.36.120 Exemptions. Nothing in this chapter shall be construed as imposing a tax upon any person if imposition of such tax upon that person would be in violation of the Constitution of the United States or the Constitution of the State of California. (1598-10/70) 4/91 3.36.130--3.36.210 3.36.130 Collection of tax. The amount of tax imposed by this chapter shall be collected from the service user by the service supplier. (1598-10/70, 2933-8/88) 3.36.140 Collection--When made. The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the service supplier. (1598-10/70) 3.36.150 Collection--Commencement. The duty to collect tax from a service user shall commence with the beginning of the first regular billing period applicable to that person which shall begin as of January 1 , 1971 , or at the beginning of the first regular billing period thereafter which would not include service prior to January 1 , 1971 . Where a person receives more than ope billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (1598-10/70) 3.36.160 Filing return and payment. Each service supplier shall make a return to the tax administrator, on forms provided by him, stating the amount of taxes billed by the service supplier during the preceding month. The full i amount of the tax collected shall be included with the return and filed with the tax administrator. The tax administrator is authorized to require such further information as he deems necessary to determine properly if the tax here imposed is being levied and collected in accordance with this chapter. Returns must be postmarked with prepaid postage and properly addressed, or personally delivered to the tax administrator on or before the 20th of each month. Returns are due immediately upon cessation of business for any reason. (1598-10/70; 2211-8/77) - 3.36.170 Delinquent when. Taxes collected from a service user which are not filed with the tax administrator on or before the due dates provided in this chapter are delinquent. (1598-10/70; 2211-8/77) 3.36.180 Penalty--Effect . Penalties for delinquency in payment of any tax collected or any deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of 15 percent of the total tax collected or imposed herein. (1598-10/70; 2211-8/77) 3.36.190 Penalty--Imposed by administrator. The tax administrator shall have power to impose additional penalties upon persons required to collect taxes under the provisions of this chapter for fraud or negligence in reporting or paying at the rate of 15 percent of the amount of the tax collected or as recomputed by the tax administrator. (1598-10/70; 2211-8/77) 3.36.200 Penalty--Combining nature. Every penalty imposed under the provisions of this chapter shall become a part of the tax required to be paid. (1598-10/70; 2211-8/77) 3.36.210 Actions to collect. Any tax required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the City. Any such tax collected from a service user which has not been paid to the tax administrator shall be deemed a debt owed to the City by the person required to collect and pay. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. (1598-10/70; 2211-8/77) 4/91 3.36.220--3.36.260(a) 3.36.220 Failure to pay--Administrative remedy. Whenever the tax administrator determines that a service user has deliberately withheld the amount of the tax owed by him from the amounts remitted to a service supplier, or that a service user has failed to pay the amount of the tax for a period of two or more billing periods, or whenever the tax administrator deems it in the best interest of the City, he may relieve the service supplier of the obligation to collect taxes due under this chapter from certain named service users for specified billing periods. The tax administrator shall notify the service user that he has assumed responsibility to collect the taxes due for the Stated periods and demand payment of such taxes. The notice shall be served on the service user by handing it to him personally or by deposit of the notice in the United States mail , postage prepaid thereon, addressed to the service user at the address to which billing was made by the service supplier; or should the service user have changed his address, to his last known address . If a service user fails to remit the tax to the tax administrator within fifteen days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person; a penalty of 25 percent of the amount of the tax set forth in the notice shall be imposed but not less than five dollars. The penalty shall become part of the tax herein required to be paid. (1598-10-/70) 3.36.230 Assessment--Administrative remedy. The tax administrator may make an assessment for taxes not paid or remitted by a person required to pay or remit. A notice of the assessment which shall refer briefly to the amount of the taxes and penalties imposed and the time and place when such assessment shall be submitted to the City Council for confirmation or modification. The tax administrator shall mail a copy of such notice to the person selling the service and to the service user at least ten days prior to the date of the hearing and shall post such notice for at least five continuous days prior to the date of the hearing on the chamber doors of the City Council . Any interested party having any objections may appear and be heard at the hearing provided his objection is filed in writing with the tax administrator prior to the time set for the hearing. (1598-10/70) 3.36.240 Assessment--Hearing. At the time fixed for considering the assessment, the City Council shall hear the same together with any objection filed as aforesaid and thereupon may confirm or modify the assessment by motion. (1598-10/70) 3.36.250 Records. It shall be the duty of every person required to collect and remit to the City any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times. (1598-10/70) 3.36.260 Refunds. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this chapter, it may be refunded as provided in this Section. (a) A person required to collect and remit taxes imposed under this chapter, may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the 4/91 3.36.260(a)--3.36.320 tax administrator that the service user from whom the tax has been collected did not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. (b) No refund shall be paid under the provisions of this Section unless the claimant established his right thereto by written records showing entitlement thereto. (1598-10/70) 3.36.270 City exempt. The taxes imposed by this chapter shall not apply to the City. (1598-10/70) 3.36.280 Senior citizens--Exemption. The tax imposed by this chapter shall not apply to any individual service user sixty-two years of age or older who uses telephone, electric, water or gas services, in or upon any premises occupied by such individual , provided the combined adjusted gross income as used for federal income tax reporting purposes of all members of the household in which such service user resides does not exceed the "HUD Income Guidelines - Very Low Income Category" currently on file at the City' s Office of the Housing Rehabilitation Administrator, for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided by this chapter is applied. (2452-10/80, 2886-12/86, 3095-4/91) 3.36.290 Application required. Any service user, meeting the requirements for exempt status, may file a verified application with the Director of Finance on a form furnished by him. The Director of Finance, or his designee, shall review all applications and certify those service users as exempt who meet the requirements for the exemption provided by this chapter. (2452-10/80) 3.36.300 Notification to service supplier. The Director of Finance, or his designee shall compile a list of all exempt service users, together with the addresses, account numbers, if any, of such users, and such other information as may be necessary for service suppliers to remove exempt service users from their tax billings. (2452-10/80) 3.36.310 Service supplier--Duty of. No service supplier shall be required to bill any exempt service user for any tax imposed by this chapter after receipt of notice from the Director of ,Finance that such service user has met the requirements for exempt status established by the provisions of this chapter. (2452-10/80; 2470-2/81 ) 3.36.320 Exemption automatic. The exemption provided for in this chapter shall continue and be renewed automatically from year to year except as hereinafter provided. No exempt service user shall fail to notify the Director of Finance within ten (10) days of a change of address, or of any other fact or circumstance which might disqualify him or otherwise affect his exempt status. All exempt service users shall file with the Director of Finance new verified applications in order to receive exempt service at a new address or location. (2452-10/80) 4/91 3.36.330--3.36.340 3.36.330 Tax billing exemptions--Effective when All service suppliers shall remove exempt service users from their tax billings for the first regular full billings dated on or before October 15, 1980, and thereafter within sixty (60) days after notice from the Director of Finance to do so. (2452-10/80) 3.36.340 Violation--Penalty . It is unlawful and a misdemeanor for any person knowingly to receive the exemption provided by this chapter when such person has not met the requirements on which such exemption is based, or when such person can no longer meet the requirements on which such exemption is based, and upon conviction thereof shall be subject to a fine of five hundred dollars ($500) or imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed or continued. (2452-10/80) 4/91 CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Table of Contents Table of Contents City Charter City Charter PAGE c-9/c-10 ONLY PAGE c-9/c-10 ONLY t �l f � 4 1 S HUNTINGTON BEACH MUNICIPAL CODE TABLE OF CONTENTS City Charter (c-1 through c-24) TITLE .1 - GENERAL PROVISIONS 1 .01 Code Adoption 1 .04 General Provisions 1 .08 Official Seal 1 . 12 City Hall 1 .16 General Penalty--Enforcement 1 .20 Notices TITLE 2 - ADMINISTRATION AND PERSONNEL 2.04 Eligibility of Candidates 2.05 Limitations on Campaign Contributions and Reporting of Late Campaign Contributions 2.08 Administrative Officer 2.12 Administrative Services Department 2.16 City Treasurer 2.20 City Attorney 2.24 Police Chief 2.28 City Council 2.30 Community Services Department 2.32 Department of Development Services 2.40 Fire Department 2.52 Police Department 2.56 Public Works Department 2.64 Community Services Commission 2.72 Personnel System 2.76 Competitive Service Regulations 2.80 Redevelopment Agency 2.84 Public Library--General Provisions 2.96 Disposition of Unclaimed Property 2.99 Citizens' Advisory Board for Housing and Community Development 2.100 Operating Policy for Boards and Commissions 2.101 Allied Arts Board 2.102 Environmental Board 2.103 Human Resources Board 2.104 Advisory Board on the Handicapped 2.105 Airport Board 2.106 Fourth of July Executive Board 2. 107 Historic Resources Board 2.108 Huntington Beach Youth Board TITLE 3 - REVENUE AND FINANCE 3.02 Purchasing Division 3.03 Professional Service 3.04 Fund Regulations 3.06 Surplus Real Property i 6/89 TITLE 3 (Continued) 3.08 Capital Outlay Fund 3.12 Gas Tax Fund 3. 14 Self Insurance Liability Claims Loss Reserve 3. 16 Determination of City Tax Rate 3.20 Documentary Transfer Tax 3.24 Sales and Use Tax 3.28 Transient Occupancy Tax 3.32 Cigarette Tax 3.36 Utilities Tax 3.40 Community Enrichment Library Fees 3.44 Pipeline Franchises 3.48 Late Charges TITLE 4 - RESERVED TITLE 5 - BUSINESS LICENSES AND REGULATIONS 5.04 General Provisions 5.08 Licensing Procedures 5. 10 Enforcement of Title 5. 12 Exemptions to Provisions 5.16 Rates 5.20 Ambulance Service 5.24 Massage Establishments 5.28 Dance Halls 5.32 Natural Resources Production 5.34 Gasoline Pricing 5.36 Pawnbrokers, Junk Dealers and Secondhand Dealers 5.44 Restaurants--Amusement and Entertainment Permits 5.48 Taxicabs--Vehicles for Hire 5.52 Motion Picture Theaters 5.54 Commercial Photography 5.56 Burglar Alarms 5.60 Figure Model Studios 5.64 Bingo Games 5.66 Motor Vehicle Towing Service 5.68 Specific Events 5.70 Adult Entertainment Businesses 5.72 Fortunetelling TITLE 6 - RESERVED TITLE 7 - ANIMALS 7.04 Adoption of County Ordinances 7.08 Licensing Provisions 7. 12 Miscellaneous Animal Care and Control TITLE 8 - HEALTH AND SAFETY 8.04 Food Handling Establishments 8.08 Food Vending Vehicles ii 6/89 TITLE 8 (Continued) 8. 12 Fly Control 8.16 Weed Abatement 8. 17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way 8.20 Refuse 8.24 Dust--Industrial Waste 8.32 Standing Water 8.36 Rubbish 8.40 Noise Control 8.42 Use of Police Services at Loud Parties or other Activities ,8.44 Vehicles and Motorcycles 8.48 Inoperable Vehicles 8.56 Mobile X-ray Units 8.60 Civil Defense--Emergency Services 8.64 Labor Camps TITLE 9 - PUBLIC PEACE, MORALS AND WELFARE 9.04 Interference with Police 9.06 Prohibited Activities 9.08 Smoking Prohibited 9.20 Prohibited Public Conduct 9.24 Gambling 9.28 Pinball Machines 9.32 Pool and Billiard Halls 9.36 Indecent Exposure of Waitresses and Performers 9.40 Inhaling Certain Substances 9.44 Intoxicated and Disorderly Persons 9.48 Parades 9.52 Damaging City Property 9.54 Sleeping in Vehicles 9.64 Registration of Canvassers 9.68 Curfew 9.76 Discharging Weapons 9.80 Concealed Weapons 9.84 Alcohol Use Permit 9.86 Narcotic Paraphernalia TITLE 10 - VEHICLES AND TRAFFIC 10.04 Definitions 10.08 Enforcement 10.12 Speed Limits 10.16 Control Devices 10.20 Prohibited Places of Operation 10.24 Truck Routes 10.28 One-way Alleys 10.32 Movement of Overloads 10.36 Stops and Yields 10.40 General Parking Regulations 10.42 Residential Parking Permit 10.44 Parking--Time Limits 6/89 TITLE 10 (Continued) 10.48 Loading Zones 10.52 Parking--City Lots 10.56 Parking Meters--Generally 10.60 Meter Zones 10.64 Meters--Installation 10.68 Meters--Use 10.72 Driving Rules 10.76 Trains 10.80 Pedestrian Crosswalks 10.84 Bicycle Regulations 10.88 Self-propelled Wheelchairs and Invalid Tricycles TITLE 11 - RESERVED TITLE 12 - STREETS AND SIDEWALKS 12.04 Datum Plane 12.08 House Numbers 12.10 Standard Specifications for Public Works Construction 12.12 Street Work Generally 12.16 Repaving Streets 12.20 Utility Structures 12.24 Warning Lights--Barricades 12.28 Sidewalks--Maintenance 12.32 Sidewalks--Obstructing 12.36 Benches, Telephone Booths and Other Public Service Items TITLE 13 - PUBLIC PROPERTY 13.04 Beaches and Piers--General Provisions 13.08 Beach Regulations 13. 12 Pier Regulations 13. 16 Beach Parking Lots 13.20 Private Beaches 13.24 Beaches--Vehicle and Business Permits 13.28 Camper Facilities 13.32 Harbors--Generally 13.36 Boating Regulations 13.40 Swimming Rules 13.44 Harbor Sanitation 13.48 Parks 13.52 Public Buildings TITLE 14 - WATER AND SEWERS 14.08 Service Connections 14.12 Fees, Rates and Deposits 14. 16 Water Use Regulations 14.20 Water Main Extensions 14.24 Water Pollution iv 6/89 TITLE 14 (Continued) . 14.26 Construction and Abandonment of Water Wells 14.36 Sewer System Service Connections, Fees and Deposits 14.44 Sewer Main Extensions 14.48 Drainage TITLE 15 - OIL 15.04 General Provisions 15.08 Definitions 15. 12 Permits and Fees 15.16 Bonds 15.20 Drilling, Operation and Safety Regulations 15.22 Screening and Landscaping 15.24 Cleanup and Maintenance 15.28 Waste Water System 15.32 Nonproducing and Idle Wells 15.36 Nusance Oil Wells and Sites 15.40 Activation of Idle Wells TITLE 16 - RESERVED TITLE 17 - BUILDINGS AND CONSTRUCTION 17.02 Administrative Code 17.04 Building Code 17.08 Housing Code 17.10 Property Maintenance 17.12 Dangerous Building Code 17.16 Earthquake Hazard Regulations 17.20 Driveways and Parking Areas 17.24 Sun Decks--Windscreens 17.28 Moving Buildings 17.36 Trailer Parks and Regulations 17.40 Mechanical Code 17.44 Plumbing Code 17.48 Electrical Code 17.56 Uniform Fire Code 17.58 Hazardous Materials 17.60 Solar Energy Code 17.64 Undergrounding of Utilities TITLE 18 - RESERVED v 6/89 I (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of offi- cial records. (g) Be ex officio Assessor, unless the City Council , has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i ) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council . The City Clerk may, subject to the approval of the City Council , appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. (Char- ter amendment December 9, 1982) The minimum qualifications for the position of City Clerk shall be three years of relevant work experience which demonstrates record management skills and practice of administrative procedures. (Charter amendment December 7, ` 1984) Section 311 . CITY TREASURER. POWERS AND DUTIES. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments, or from any court, or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council , or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner pro- vided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Administrator and City Council . (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council . c-9 V The City Treasurer may, subject to the approval of the City Council , appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area relative to fiscal manage- ment. (Charter Amendment 12/7/84) Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council . (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. If an elected City officer is convicted of a crime involving moral turpitude or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST, NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Coun- cil , nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the exis- tence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify them- selves from all decisions affecting the employment and promotional status of such person. c-10 G 'b CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 7/3/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Table of Contents Table of Contents Article 908 Article 908 Article 922 Article 922 Article 937 Article 937 Article 960 Article 960 (V HUNTINGTON BEACH ORDINANCE CODE TABLE OF CONTENTS CHAPTER 90 - PLANNING COMMISSION AND DISTRICTING PLAN 900 City Planning Commission 902 General Information and Application 906 . Districts 908 Definitions CHAPTER 91 - RESIDENTIAL DISTRICTS 910 Residential Agriculture (RA) 911 Low Density Residential District (R1 ) 912 Medium Density Residential 02) Medium High Density Residential (R3) High Density Residential (R4) Districts 913 Oldtown* and Townlot Districts 914 Mobilehomes 915 Planned Residential Developments (PRD) Planned Development (-PD) 916 Manufactured Home Suffix (-MFH) 917 Senior Residential Suffix (-SR) CHAPTER 92 - OFFICE AND COMMERCIAL DISTRICTS 920 Office Professional District 922 Commercial District Standards (Cl , C2, C4) 924 Visitor Serving Commercial District (VSC) 927 Mobilehome Overlay Zones/Removal/Rezoning/Change of Use CHAPTER 93 - SPECIAL DEVELOPMENTS 930 Specific Plans 936.5 Residential Condominium Conversion 937 North Huntington Center Specific Plan CHAPTER 94 - MISCELLANEOUS DISTRICTS AND SUFFIXES 940 Floodplain Suffix (-FP1 , -FP2, -FP3) 941 Limited Use District (LU) , Recreational Open Space District (ROS) 942 Shoreline (S1 ) , Water Recreation (WR) , Coastal Conservation (-CC) Districts 946 Civic District Suffix (-CD) Community Facilities Overlay (CF) Multistory Suffix (-MS) Qualified Classification (Q) CHAPTER 95 - INDUSTRIAL DISTRICTS 951 Restricted Manufacturing District (MI-A) 953 Light Manufacturing District (Ml) 955 Industrial District (M2) 6/89 L � CHAPTER 96 - MISCELLANEOUS 960 Off-Street Parking and Landscaping 961 Signs 962 Special Zones (Sp-1 , SP-2) 963 Unclassified Uses 964 Pacifica Community Plan 965 Nonconforming Provisions 967 Commercial Equine Standards 968 Oil Districts ("0," "01 ") 969.9 Coastal Zone Suffix (-CZ) CHAPTER 97 - GENERAL PROVISIONS 970 Environmental Regulations 973 Miscellaneous Provisions 975 Adult Businesses 977 Yards and Fencing 978 Setback CHAPTER 98 - ADMINISTRATION 980 General 981 Zoning Administrator 983 Conditional Exceptions (Variances) 984 Conditional Use Permits 985 Design Review Board 986 Petitions 987 Hearings 988 Appeal 989 Site Plan 989.5 Coastal Development Permit CHAPTER 99 - CITY SUBDIVISION REGULATIONS 990 General Provisions 991 Subdivision Committee 992 Parcel Map Procedures 993 Tentative. Maps 994 Expiration, Extensions, and Recordation of Maps 995 Appeals 996A Dedication 996B Parks and Recreational Facilities 997 Improvement Security 998 Reversion to Acreage 999 Vesting Tentative Maps r� 6/89 �d Article 908 DEFINITIONS (495-6/46, 556-2/50, 596-5/53, 1103-1/65, 1241-9/66, 1261-11/66, 1366-1/68, 1469-3/69, 1566-5/70, 1672-10/71 , 1673-12/71 , 1752-10/72, 1753-7/72, 1769-9/72, 1799-1/73, 1852-7/73, 1928-9/74, 2115-11/76, 2127-12/76, 2217-10/77, 2221-11/77, 2273-5/78, 2340-2/79, 2429-6/80, 2487-6/81 , 2539-3/82, 2588-1/83, 2618-6/83, 2632-8/83, 2772-7/85, 2773-7/85, 2780-9/85, 2936-4/86, 2941-7/88, 2836-6/86, 2957-9/88, 3024-12/89) Sections: 9080 Definitions 9080.1 Accessory building 9080.2 Accessory use 9080.3 Adult business 9080.4 Alley 9080.5 Animal clinic 9080.6 Antenna, satellite dish 9080.7 Apartment 9080.8 Architectural projections or Appurtenances 9080.9 Arterial 9080.10 Attached units 9080.11 Auction 9080.12 Automobile/vehicle repair 9080.13 Automobile storage or parking space 9080.14 Automobile storage yard 9080.15 Automobile wrecking 9080.16 Basement 9080.17 Bed and Breakfast Inn 9080.18 Bedroom 9080.19 Block 9080.20 Boarding or rooming house 9080.21 Building 9080.22 Building height 9080.23 Building, site 9080.24 Building, main 9080.25 Business or commerce 9080.26 Child day care facility 9080.27 Carport 9080.28 Church 9080.29 City 9080.30 Clinic 9080.31 Club 9080.32 Commercial recreation use 9080.33 Commercial vehicle 9080.34 Commission 9080.35 Compensation 9080.36 Community apartment project 9080.37 Condominium —� 9080.38 Convenience Market 9080.39 Density bonus 12/89 y t 9080.40-9080.91 (Index) 9080.40 Director 9080.41 Disposal service operation 9080.42 District 9080.43 Dry cleaning agency 9080.44 Dwelling 9080.45 Dwelling, multiple unit 9080.46 Dwelling, single unit 9080.47 Dwelling, Second Unit 9080.48 Dwelling, Studio Unit 9080.49 Dwelling unit - 9080.50 Educational institution 9080.51 Erected 9080.52 Equestrian 9080.53 Equine 9080.54 Family 9080.55 Fast Food Restaurant 9080.56 Final approval 9080.57 Final environmental evaluation 9080.58 Game arcade 9080.59 Garage, pri-vate 9080.60 General plan 9080.61 Grade 9080.62 Gross acreage 9080.63 Gross floor area -� 9080.64 Gross site area 9080.65 Health club 9080.66 Hedge 9080.67 Home occupation 9080.68 Horticulture 9080.69 Hospital 9080.70 Hostel 9080.71 Hotel 9080.72 Industrial use 9080.73 Junk, wrecking, dismantling or salvage yards 9080.74 Kennel 9080.75 Kitchen 9080.76 Landscaping 9080.77 Laundry 9080.78 Line of sight 9080.79 Liquor store 9080.80 Loading space 9080.81 Local street 9080.82 Lot 9080.83 Lot area 9080.84 Lot depth 9080.85 Lot frontage 9080.86 Lot line 9080.87 Lot line, front 9080.88 Lot line, interior 9080.89 Lot line, rear 9080.90 Lot, reverse corner 9080.91 Lot, through 12/89 9080.92-9080.143(Index) 9080.92 Lot, Width 9080.93 Mobilehome/manufactured home 9080.94 Mobilehome accessory structure 9080.95 Mobilehome lot or space 9080.96 Mobilehome park 9080.97 Model Home 9080.98 Motel 9080.99 Motor vehicle 9080.100 Maximum wind energy conversion system height 9080.101 Net site area 9080.102 Nonconforming building 9080.103 Nonconforming parcel 9080.104 Nonconforming use 9080.105 Nontransferable conditional use permit 9080.106 Occupancy, change of 9080.107 Occupied 9080.108 Open or public land 9080.109 Open space 9680.110 Oversize vehicles 9080.111 Overspeed control 9080.112 Parking structure 9080.113 Person 9080.114 Personal Enrichment Services 9080.115 Permanent open space 9080.116 Place of public assembly 9080.117 Planned residential development 9080.118 Private street { 9080.119 Recreational vehicle park 9080.120 Recreational vehicle 9080.121 Recreation space 9080.122 Rental unit 9080.123 Residence 9080.124 Restaurant 9080.125 Retail store 9080.126 Retaining wall 9080.127 Senior citizen housing 9080.128 Service station 9080.129 Service station, idle 9080.130 School 9080.131 Setback line, front yard 9080.132 Setback line, side or rear yard, 9080.133 Site 9080.134 Site "coverage 9080.135 Site plan 9080.136 Stable, commercial. 9080.137 Stock cooperative 9080.138 Story 9080.139 Street 9080.140 Street line 9080.141 Structure 9080.142 Structural alteration �. 9080.143 Structure, temporary 12/89 p y r 9080. 144(Index)--9080.7 9080.144 Temporary outdoor event 9080.145 Ultimate right-of-way 9080.146 Use 9080. 147 Wall or fence 9080.148 Warehouse 9080.149 Waterfront lot 9080.150 Wet bar 9080.151 Wholesale use 9080. 152 Wind energy conversion system 9080.153 Yard 9080.154 Yard, front 9080.155 Yard, rear 9080.156 Yard, side 9080. 157 Zone 9080.158 Zoning district maps 9080 Definitions. Words and phrases wherever used in this division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender. The word "shall " is always mandatory and the word "may" is permissive. (2836-6/86) f •9080.1 Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (2836-6/86) 9080.2 Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (2836-6/86) 9080.3 Adult business. A business as defined in Article 975. (2836-6/86) 9080.4 Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (2836-6/86) 9080.5 Animal clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Kennel uses shall be incidental to such hospital use and limited to short-time boarding for medical purposes. (2836-6/86) 9080.6 Antenna, satellite dish. An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. (2836-6/86) 9080.7 Apartment. A room or suite of two (2) or more rooms in a 'multiple family dwelling occupied or suitable as a residence for one (1) family. (2386-6/86) 12/89 a 9080.8--9080.17 9080.8 Architectural projections or appurtenances. Features on bui'ldi`ngs . which provide visual variation and/or relief but do not serve as interior or exterior living or working space. (3024-12/89) 9080.9 Arterial . Any street, highway or road designed as an arterial in the general plan circulation element. (2836-6/86) 9080 10 Attached units Separate residential or commercial units sharing one or more common walls but with no common interior space. (2836-6/86) 9080.11 Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (2836-6/86) 9080.12 Automobile/vehicle repair. A retail and service business engaged in the following activities: (3024-12/89) (a) Minor repair. Light repair and sale of goods and services for vehicles including brake, muffler, tire shops, oil and lube and their accessory uses, but not including any of the activities listed below as major repair. (3024-12/89) (b) Major repair: Heavy automotive/vehicle repair including but not limited to transmission, battery, radiator, and engine repair or overhaul ;. welding; turning brake drums; steam cleaning, body and fender work; painting; and upholstery. (2836-6/86, 3024-12/89) 9080.13 Automobile storage space or parking space. A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power. Such space shall be exclusive of driveways, walks, ramps and columns. (2836-6/86) 9080.14 Auto=bile storage yard. A storage yard for motor vehicles whether impounded or not on any portion of a lot. This definition shall not include any dismantling, wrecking or repair of any vehicle. (2836-6/86) 9080.15 Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60) days. (2836-6/86) 9080,16 Basement. A story partly underground and having at least one-half _ its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. (2836-6/86) 9080.17 Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the 12/89 9080.17--9080.24 i entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period. Bed and Breakfast Inn does not include rest homes, convalescent homes, hotels, motels..or boarding houses. (2957-9/88) 9080.18 Bedroom. Any room which meets the minimum requirements of the building code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other requirements. ! 'Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities. (2836-6/86) 9080.19 Block. The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross j street. (2836-6/86) 9080.20 Boarding or rooming house. A building where lodging and meals are provided for a minimum of six .(6), but not more than fifteen (15) persons, not including rest homes. (2836-6/86) 9080.21 Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (2836-6/86) 1. . r 9080.22 Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. For the Single Family Residential District only, the highest point of any roof shall not be more than five feet above the maximum permitted height. The reference datum shall be selected by either of the following, whichever yields a greater height of building: I (1 ) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than four (4) feet above the lowest grade. i (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1 ) above is more than four (4) i feet above lowest grade. (2846-8/86, 2836-6/86) 9080.23 Building site. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (2836-6/86) 9080.24 Building, main. A building in which the. principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (2836-6/86) 12/89 9080.25--9080.35 9080.25 Business or commerce. The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or management of offices, recreational or amusement enterprises; or the maintenance and use of office by professions and service trades. (2836-6/86) 9080.26 Child day care facility. A facility which provides nonmedical care to children under eighteen (18) years of age in need of supervision on less than twenty-four (24). basis. Child day care facilities include: (3024-12/89) (a) Small Family Day Care Home. A single family residence in which care is provided to six (6) or fewer children. (3024-12/89) (b) Large Family Day Care Home. A single family residence in which care is provided to seven (7) to twelve (12) children. (3024-12/89) (c) Day Care Center. Any child day care facility other than family day care home and includes infant centers, preschools, extended day care facilities. (3024-12/89) 9080.27 Carport. A permanent-roofed accessory structure with not more than two (2) enclosed sides which is intended for automobile storage for the occupants of the premises. (2836-6/86) {' 9080.28 Church. A permanently located building commonly used for religious \ worship and conforming to applicable requirements for design and construction. (2836-6/86) 9080.29 City. The city of Huntington Beach, California. (2836-6/86) 9080.30 Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight. (2836-6/86) 9080.31 Club. A nonprofit association for persons who are bona fide members, and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (2836-6/86) .32 C ercial recreation use. Any recreational facility operated as a business and open to the general public. (2836-6/86) 9080.33 Cgmerciai vehicle. Any motorized or non-motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (2836-6/86) . 9080.34 Commission. The Huntington Beach Planning commission. (2836-6/86) 9080.35 Compensation. The word "compensation" means anything of value. (2836-6/86) 12/89 9080.36--9080.46 9080.36 Community apartment erect. A project in which an individual, interest in the land is coupled with the right exclusively to occupy an individual unit. (2836-6/86) 9080.37 Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a. separate interest in space in a residential , commercial , or industri.al building. on such real property, such as an apartment, office or store. A condominium may include a separate interest in other portions of such real property. The duration of the estate may be an estate of inheritance or perpetual estate, an estate for life,_-or an estate for years such-as a leasehold or subleasehold. (2836-6/86) 9080.38 Convenience market. A retail use in conjunction with gasoline sales in which the sales room exceeds two-hundred (200) square feet. (3024-12/89) 9080.39 Density bonus. A density increase over .the otherwise maximum residential density allowable by the zoning code and general plan. A density bonus may be processed only for a housing development on a lot which is allowed five (5) or more dwelling units prior to a density bonus. .(3024712/89) 9080.40 Director. The Director of Community Development for the city of Huntington Beach or a duly authorized representative. (2836-6/86) 9080.41 Dis o sal service operation. An area for the storage and Y 9 maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (2836-6/86) 9080.42 District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (2836-6/86) 9080.43 Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service and which uses nonvolatile materials. (2836-6/86) 9080.44 Dwelling. A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit , 'dwellings, but not including hotels or boarding houses. . (2836-6/86, 3024-12/89) 9080.45 Dwelling, multiple unit. A building or buildings designed with two ,. (2) or more dwelling units. (28364/86, 3024-12/89) 9080.46 Dwelling. single unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as' permitted by. this Code. Attached single family dwellings shall be considered as multi-family. (2836-6/86, 3024-12/89) 12/89 ' 9080.47--9080.57 9080.47 Dwelling. second unit. A fully equipped dwelling _unit .w,hi,ch is ancillary and subordinate to a principle dwelling unit located on the .same lot in the R1 zone. (3024-12/89) 9080.48 Dwelling. studio unit. A dwelling unit consisting of one (1 ) kitchen, one (1) bathroom, and one (1) combination living room and sleeping room. The gross floor area shall not exceed 500 square, feet or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. (3024-12/89) 9080.49 Dwelling Unit. One or more habitable rooms with only one kitchen; and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. (3024-12/89) 9080.50 Educational institution. Any school , college or university providing general instruction,as determined by the California State Board of Education. (2836-6/86) 9080.51 Erected. The word °erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior to building. (2836-6/86) ( 9080.52 Equestrian. That which pertains to horses or horseback riders. �. (2836-6/86) 9080.53 Equine. A horse, mule, pony, jackass, and other quadripeds of the genus equus. (2836-6/86) 9080.54 Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic , relationship based upon birth, marriage, or other domestic bond of social , economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel , lodging house, motel , rehabilitation center, rest home or sorority. (2836-6/86) 9080.55 Fast-food restaurant. Any commercial establishment serving food or drinks which encourages consumption at home or on other premises. (2836-6/86) 9080.56 Final approval . Ten (10) days after approval by the discretionary body and no appeal of that decision has been filed. (3024-12/89) .57 Final environeental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows: Exempt projects: Date of application acceptance. 0 Negative declaration: Expiration date of the .required posting period. 12/89 9080.57--9080.70 . A Environmental impact report: The date when public hearings on the project are concluded. (2836-6/86) 9080.58 Game arcade. Any place of business with more than four.,(4) commercially-operated amusement devices. (2836-6/86) 9080.59 Garage private. An accessory building or a portion of amain building used for the storage of self-propelled vehicles of not more than one-ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (2836-6/86) ` 9080.60 General plan. The general plan map and text for Huntington Beach adopted by the City Council . 2836-6/86) 9080.61 Grade., The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project by this code, includes natural grade. (3024-12/89) 9080.62 Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets. (2836-6/86) 9080.63 Gross floor area. The total area of each floor within the building f exterior walls. (3024-12/89) 9080.64 Gross site area. The area computed within the lot lines of a par"cel of land before public streets, easements, or other areas to be dedicated or reserved for public use have been deducted. (2836-6/86) 9080.65 Health club. A commercial or private health center providing opportunities for recreational and physical fitness. activities such as, but not limited to, handball , racquetball , weight training and dance exercises. (2836-6/86) 9080.66 Hedge. A plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure. (3024-12/89) 9080.67 - Home occupation. A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (2836-6/86) 9080.68 Horticulture. The science and art of growing fruits, vegetables, flowers, vines, trees, or field crops for wholesale purposes. (2836-6/86) 9080.69 Hospital . An institution for the diagnosis, care and treatment of human illnesses. (2836-6/86) 080.70 Hostel . A supervised, inexpensive lodging for use by youth. See ' Hotel . (3024=12/89) 12/89 0 9080.71--9080.84 9080.71 Hotel . A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in. which there are six (6) or more guest rooms and in which no provision for cooking is made in any individual suite. (2836-6/86) 9080.72 Industrial use. The manufacture, assembly, storage or wholesale distribution of a product. (3024-12/89) 9080.73 Junk. wrecking. dismantling or salvage yards. The use of one hundred .(1010) or more square feet of any parcel of land for outsid'e .storage, wrecking or dismantling of any used materials, including but,not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. (2836-6/86) 9080.74 Kennel . A use in which four (4) or more dogs or cats over four (4) months of age are kept on any lot for any purpose. (2836-6/86) 9080.75 Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. (2836-6/86) 9080.76 Landscaping.. ,The planting and continued maintenance of suitable plant materials and which includes an adequate irrigation system. (2836-6/76) 9080.77 Laundry. A building or portion of a building where clothing and fabrics are washed. (2836-6/86) 9080.78 Line of sight. A visual path emanating from an average eye level adjudged to be five (5) feet above ground level . (2836-6/86) 9080.79 Liquor store. Any establishment in which the primary use is to offer any alcoholic beverage for retail sale for consumption off-premises. 9080.80 Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unloading and which has a permanent means of access. (2836-6/86) 9080.81 Local street. A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties. A local street has . on-street parking and a significant amount of pedestrian traffic. (2836-6/86) 9080.82 Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey pursuant to an .approved division of land, or a parcel map. A lot includes any area of land under one ownership abutting upon at least one street, alley or recorded easement. (2836-6/86) 9080.83 Lot area. See net site area. (2836-6/86) 9080.84 Lot depth. The average horizontal distance between .the front and rear lot lines measured in the mean direction of the side lot lines. (2836-6/86) 12/89 u 9080.85--9080.93 9080.85 'Lot frontage. The linear length of a lot measured along the, property line adjacent to a street or easement. 9080.86 Lot line. Any line bounding a lot. "Property linew�means the same as "lot line." (2836-6/86) 9080.0 Lot line. front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases, where the subdivision or parcel map specified another line as the front lot line. On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall 'determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement. (2836-6/86) 9080.88 Lot line. interior. A lot line not abutting a street. (2836-6/86) 9080.89 Lot line. rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, 'a line within the lot, having a length of not less than ten feet. A lot which. is bounded on all sides by streets may have no rear lot lines. (2836-6/86) 9080.90 Lot reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an al"ley or not. (2836-6/86) 9080.91 Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets. (2836-6/86) 9080.92 Lot width. Lot width shall be calculated as indicated for the following types of lots: (a) Rectangular lot shall be measured along a line equidistant to and twenty (20) feet from the front property line. (b) Cul-de-sac and knuckle lots shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line. (c) Cul-de-sac lots siding on another street, channel , or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front line property line. (2836-6/86) 9080.93 Mobilehome/manufactured hone. A structure transportable in sections which is a minimum of eight (8) feet in width, forty (40) feet in length, and which when erected is a minimum of three-hundred and twenty (320) square feet, and which is built on a permanent chassis and designed to be 'used 12/89 i 9080.93--9080.102 �a as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing ' Construction and Safety Act of 1974 (42 U.S.C. sections 5401 ,et seq.) . Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these . provisions. (2836-6/86) 9080.94 Mobilehome accessory structure. A subordinate building located on a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (2836-6/86) Tk. 9080.95 Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (2836-6/86) 9080.96 Mobilehome park. Any area or tract of land where mobilehome lots are rented or leased or held out for rent or lease to accommodate mobi,lehomes used for human habitation. The rental fee paid shall be deemed to include " rental for the lot the mobilehome occupies. (2836-6/86) 0080.97 Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision. Such building .shall be constructed upon a lot previously designated as a model home site in the C-) approved site plan, and in a subdivision for which a final map will be recorded. (2836-6/86) 9080.98 Hotel . A building containing guest rooms designed or used primarily for the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces. A maximum twenty-five (25%) percent of such . sleeping units may have_ kitchens. (2836-6/86) 9080.99 Motor vehicle. A self-propelled device used or intended for the transportation of passengers or freight upon streets or highways. (2836-6/86) 9080 100 Maximum wind energy conversion system height The height of the tower and furthest vertical extension of the rotor measured from grade. (2836-6/86) 9080,101 Net site area. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. (2836-6/86) 9080.102 Nonconforming buildin®. Any building or structure or portion thereof which was legal when established, but which now is in conflict due to the amendment of -the provisions applicable to the district in which it is situated. (2836-6/86) 12/89 9080.103--9080.111 9080,103 Nonconforming parcel . Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of. the provisions applicable to the district in which it is situated. (2836-6/86) 9080.104 Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due: to the amendment .of the provisions applicable to the district' in which it is situated. (2836-6/86) 9080.105 Nontransferable conditional use pergit A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the. surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. In such cases, the permit shall be placed in the name of the surviving partners--after notifying the Director of Community Development. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (2836-6/86) 9080.106 Occupancy, change of. A discontinuance of an existing use and a substitution of another use of a different kind or class. (2836-6/86) 9080.107 Occupied. Includes used, arranged, converted to, rented, leased, or intended to be occupied. (2836-6/86) 9080.108 Open or publip land, Public parks, waterways, school sites, flood or electric line rights-of-way or easements. (2836-6/86) 90 00.109 Open space. Any part of a lot or parcel unobstructed from th.e ground upward, excepting architectural features extending no more than thirty (30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (2836-6/86) 9080.110 Oversize vehicles. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) feet in width, or seven (7) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks, buses, truck tractors, trailers, campers, and recreational vehicles, as well as any equipment or machinery regardless of size. (2836-6/86) 9080,111 Overspeed control . A mechanism used to limit the speed of blade rotation to within the design constraints of the wind energy conversion system. (2836-6/86) 12/89 9080.112--9080.121 9080,112 Parkina structure. A structure used for parking of vehicles where parking spaces, turning ratio, and drive aisles are incorporated' w'ithin' the structure. (3024-12/89) 0080.113 Verson. The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture. ('2836- 6/86) 9080.114 Personal Enrichment Services. -Provision of instructional services or facilities, including but not limited to, fine arts, crafts, dance or music studios, driving schools, and business or trade schools except those leading to a degree as defined by the State of California Education Code. (2957-9/88) 9080.115 Permanent open space. The phrase shall include golf courses, park sites, public utility easements, flood control rights—of—way a minimum of one hundred (100) feet in clear width; and for the purposes of establishing dancing, live entertainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200) feet in width. (2836-6/86) 9080.116 Place of public assembly. Any place designed for or used for the gathering of twenty (20) or more persons in one room where such gathering is of a public nature such as an assembly hall , church, auditorium, recreation or dance hall , theater, or amusement enterprise. (2836-6/86) 9080.117 Planned residential development. A residential development, including statutory and non—statutory condominiums, cluster housing, townhouses and community apartments, in which common open space is integrated into the overall development. Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development. (2836-6/86) 9080.118 Private street. A privately owned and maintained roadway used to provide vehicle access to abutting properties. (2836-6/86) §080.119 Recreational vehicle park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes. Exclusive occupancy of any site shall not exceed thirty (30) continuous days, nor one hundred and twenty (120) days in any calendar year. (2836-6/86) 9080.120 Recreational .vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. (2836-6/86) 9080.121 Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways, tennis and shuffleboard courts, swimming and boating areas, bridle paths, playgrounds and playing fields. (2836-6/86) 12/89 a 9080.122--9080.134 9M9.122 Rental unit, A room, bath, and kitchen as a separate dunft: (2836-6/86) 9080.123 Residence. A building used or intended to be used as a dwelling place for one or more families. (2836-6/86) 9080.124 Restaurant. A comprehensive term meaning an eating house providing service to the general public. (2836-6/86) 9080.125 Retail store. A business of selling,, goods, wares and merchandise directly to the ultimate consumer. (2836-6/86) 9080.126 Retaining wall . A structure designed to protect grade cuts or retain the fill of dirt, sand or other grading material . (3024-12/89) 9080.127 Senior citizen housing. Any housing exclusively designed wherein at least one person per unit is over sixty (60) years of age. (3024-12/89) 9080.128 Service station. Any lot or portion of a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles. Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment); sale and service of tires, tubes, batteries; and service of auto accessories. Such service shall not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery. (2836-6/86) 9080.129 Service station idle. Any service station which has not been open for business for at least sixty (60) , eight (8) hour days out of any one hundred and eighty (180) consecutive days. (2836-6/86) 9080.130 School . An institution conducting regular academic instruction at kindergarten, elementary, secondary or college levels, operated by a governmental or nongovernmental organization. (2836-6/86) 9080.131 Setback line. front yard. The line which defines the depth of the required front yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the front yard . setback. (2836-6/86) 9080.132 setback line. side or rear yard, The line which defines the width or depth of the required side or rear yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback. (2836-6/86) 9080.133 Site. Any legally created parcel of land bounded by property lines after dedication. (2836-6/86) 9080.134 Site coverage. The building area of all structures on a site as measured from all exterior building surfaces, including any patio covers, and any balconies and stairways with or without support posts. Architectural l features such as bay 'windows, eaves and fireplaces that do not project more 12/89 a 9080.134--9080.144 than thirty (30) inches, and decks that do not exceed more than forty-two (42) inches in height are excluded. (2836-6/86) 9080.135 Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. (23864/86) 9080.136 Stable. commercial . A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (2836-6/86) 9080.137 Stock cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of -years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. (2836-6/86) 9080.138 Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly above it. (2836-6/86) 9080.139 Street. A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, not including an alley. (2836-6/86) 9080.140 Street line. The boundary line between a street and. abutting property. (2836-6/86) 9080.141 Structure. A mobilehome or anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, except swimming pools, patios, walks, tennis courts, and similar paved areas. (2836-6/86) 9080.142 Structural alteration. Any change in or alterations to the structure of a building involving the bearing wall , column, beam or ceiling joists, roof rafters, roof diaphragms, foundations, tiles, retaining walls or similar components. (2836-6/86) �080,143 Structure. temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (2836-6/86) Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21 ) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions, sporting events and rabies clinics. Public services which benefit the community such as, but not limited to, bloodmobile or chest X ray are included in this category. Any such event 12/89 4 9080. 144--9080. 154 if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86) 9080.145 Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the Department of Public Works. Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement. . (2836-6/86) 9080.146 Use. The purpose for which ..land or 'a building is arranged, designed, or intended, or for which it is occupied or maintained. (2836-6/86) 9080.147 Wall or fence. Any structure or device forming a physical barrier. This definition shall include wood, concrete, concrete block, brick, stone or other masonry maierial . (2836-6/86) 9080.148 Warehouse. A building or the use of a building for storage of goods of any type in any area greater than five hundred (500) square feet and where no retail operation is conducted. (2836-6/86) 9080.149 Waterfront lot. Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (2836-6/86) 9080.150 Wet bar. A fixed installation within a dwelling unit providing cold and/or hot water to a- single sink without a garbage disposal at a location other than a kitchen or laundry. A wet bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (2836-6/86) 9080.151 Wholesale Use. A business which stores large stocks of goods and sells them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. (3024-12/89) 9080.152 Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine. (2836-6/86) 9080.E Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely unobstructed, from the ground to the sky. (2836-6/86) 9080.154 Yard. front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different 12/89 9080.154--9080.158 ~M right-of-way line for future use shall have been precisely fixed by formal action of the City Council pursuant to law or ordinance. (2836-6/86). .9080..155 Yard, rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and R1 zoned property abutting arterial highways. (2941-7/88) 9-080.156 Yard. side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (2836-6/86) 9080.157 Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (2836-6/86) 9080.158 Zoning maps. The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (2836-6/86) i 12/89 I ' , d 9220=9220 J(a) Article 922 COMMERCIAL DISTRICT STANDARDS (730-10/59, 810-1/61 , 881-1/62, 917-8/62, 961"6/63, 975-7/63, 995-9/63, 1061-7/64, 1108-1/65, 1140-6/65, 1342-9/67, 1395=3/68, 1480=4/69, 1532-11/69, 1548, 2/70, 1549-2/70, 1602-10/70, 1672-10/71 , 1839-7/73, 1860-8/73, 2060-6/76, 2454-10/80, 2503-8/81., '2522-12/81 , 2730-11/84, 2765-7/85, 2773-7/85, 2829-5/86, 2957-9/88, 2958-10/88, 2987-3/89, 3063-11/90) Sections: 9220 General provisions 9220.1 Permitted uses 9220.2 Restricted uses 9220.3 Minimum parcel size/frontage '9220.4 ' Maximum density/intensity 9220.5 Maximum building height 9220.6 Maximum site coverage 9220.7 Setbacks .9220.8 Fencing 9220.9 Parki,ng, . loading .and landscaping 9220.10 Outside uses--Storage and display. 9220.11 Game arcades 9220.12 Dancing/live entertainment 9220.13 Hotels/motels 9220.14 Service stations 9220 General provisions. These regulations include provisions for several of the commercial districts within the City. The neighborhood commercial (Cl ) district is intended to provide for limited commercial development of under one and one—half acres on one' corner of the intersection of secondary arterial highways which is compatible with surrounding residential uses. No automotive uses or outside s-td age` is permitted. The community business (C2) district, & more intonstv6l zone, permits all uses within the C1 district and, in addition, permits general retail uses including minor automobile repair and outside storage, subject to specific standard's. The highway commercial (C4)• district permits' all uses included fh the other commercial districts as well as hotels and motels. This district is intended to provide tourist facilities for vacation visitors. (2829-5/86) f . 9220.1 Permitted uses. The following section lists uses permil tediin the commercial districts and the:.appli;cab,le approval r process for each one. (a) List A — All districts. Initial establishment of use and occupancy fo`r - List-A usesl shall, be permitted in the Cl C2 and C4 districts subject to plan review approval by the Director. In the Cl district, the individual uses shall not exceed',th arty-two hundred (3200) squarez feet., 11/90 a , r " 9220 J(a)B--9220.1 (b)I B. Retail bakeries (maximum seating capacity of 12) C. Candy stores D. ` Drugstores F. .Florists H. •.Hair salons" I. Ice cream stores L. Laundromats and tailor shops/dressmaking M. Markets, meats and groceries P. Professional offices R. Restaurants (take—out and dine—in with maximum seating capacity of 12) S. Shoe repair (b) List B — C2, C4 districts. Initial establishment of use and occupancy for i List B uses shall be permitted in the C2 ,and C4 districts subject to plan review approval by the Director. A. Animal grooming; no boarding or outdoor kennels 'd Automotive parts B. -Bicycle shops Blueprint, copy, and print shops Bookstores and newsstands D. Department and clothing stores Dry cleaning (retail ) E. . Electronic part supply F. Financial institutions Frozen food lockers (retail) Furniture and appliance stores H. Home improvement, including paint, electrical , plumbing, and hardware supplies Health clubs• with less than, twenty—five hundred (2500) square feet I. Ice storage, limited. to .five (5) ,ton capacity t 11/90 9 9220.1(b)J--9220(d) J. Jewelry stores i M. Marine supplies Movie theatres Music conservatories N. Nurseries (retail ) 0. Office supplies and stationery 4 ti P. Pet stores Photography studios, equipment and sales R. Repair shops, appliances and electronics only (c) List C - C2 and C4 districts--Use permit. Initial establishment of use and occupancy for List C uses shall be permitted subject to the approval of a use permit by the Zoning Administrator within the C2 and C4 districts. A. Automobile minor repair pursuant to section 9730.58 Automobile, motorcycle, and recreational vehicle sales, including service and repair as an accessory use C. Carwash Clinic with less than 2500 sq. ft. (2957-9/88) G. Game arcades pursuant to section 9220.11 M. Mortuaries 0. Outside uses pursuant to section 9220.10 P. Personal Enrichment Service with less than 2500 sq. ft. (2957-9/88) R. Restaurants, including drive-through and dine-in Retail uses and services not specifically listed under (a.) or (b) but of a similar nature (d) List D - C2. C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the ;Planning Commission. Conditional use permits issued shall be nontransferable for the 'uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction.) 11/90 9220(d)A--9220.6 A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to Article 963 (2987-3/89) Animal clinic D. *Dancing and/or live entertainment, including dancing for patrons under the age of twenty-one (21 ) pursuant to section 9220.12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only,,-, pursuant to section 9220.13) S. Service stations pursuant to section 9220.14 U. Unclassified uses pursuant to Article 963 (2829-5/86) 9220.2 Restricted uses. (a) Storage permitted within the commercial districts shall be limited to the accessory storage of retail products sold on the premises. Outside storage and display shall be permitted by use permit pursuant to section 9220.10. (b) A maximum of seven persons may be employed full time in processing or treating retail products, limited to those sold on the premises. This limitation is intended to .prohibit all manufacturing uses within commercial districts. (2829-5/86) 9220.3 Minimum parcel size/frontage. District Minimum Lot Size Minimum Frontage Cl 20,000 square feet 100 feet C2/C4 10,000 square feet 100 feet C4 20,000 square feet 100 feet (hotel/motel ) (2829-5/86) 9220.4 Maximum density/intensity. None. (2829-5/86) 9220.5 Maximum building height. Maximum building height shall be as follows. Roof-mounted mechanical equipment shall not exceed the height listed and shall be screened on all sides by the architectural features of the building. _Cl 20 feet C2/C4. 50 feet C4 (hotel/motel) 35 feet (2829-5/86) 9220.6 Maximum site coverage. None. (2829-5/86) 11/90 9220.7--9220.10 9220.7, Setbacks. Setbacks are as listed below (in feet) except if otherwise designated on the sectional district map. Interior Exterior District Front. Side Side Rear Cl 50 10 50 10 C2/C4 10 0 10 0 C4 15 5 10 5 (hotel/motel) Exceptions. (a) Where a parcel abuts a residential district, interior side and rear setback requirements listed above shall be increased by a minimum of ten (10) feet. For all uses other than hotels and motels, the setback may be reduced to zero subject to conditional use permit approval by the Planning Commission and provided that the height of the structure is limited to eighteen (18) feet within forty—five (45) feet of the common property line. (b) Projecting canopy structures and other architectural features may extend five (5) feet into the required front and exterior side- yard setbacks for the entire width of the building. (c) Telephone booths shall be subject to staff approval as to location for traffic safety purposes. (d) All structures and buildings which are subject to the fifty (50) feet or more setback requirement may encroach up to twenty—five (25) feet if additional landscaping is provided on the basis of one additional foot of landscaping for each one (1 ) foot of encroachment. The additional landscaping shall be provided along the entire length of the building's encroachment and may be counted toward the requirements of Article 960. The permitted encroachments shall , in addition, be governed by the site angle requirements depicted in Diagram A. (2829-5/86) 9220.8 Fencing. Fencing shall comply with the standards outlined in Article 977. (2829-5/86) 9220.9 Parking, loading and landscaping. All developments shall comply with the standards outlined in Article 960. (2829-5/86, 3063-11/90) 9220.10 Outside uses--Storage and display. The following regulations, shall govern all outside storage and display within the C2 and C4 districts. No outside storage or display shall be permitted within the Cl district. The intent of this section is to limit the type of buildings and display items permitted within and behind the required front and exterior side yard setbacks and to establish comprehensive guidelines for the review of all such requests. 11/90 f 9220.10--9220.10(b)(4) The Director shall consider the following issues in evaluating a plan review application for outside uses: the intended duration, location, and amount of display area; the method of display or storage; the provisions for off—street parking and landscaping; vehicular and pedestrian visibility at driveway access points; and the guarantee of removal and cleanup if the use is temporary. (a) The following items may be permitted adjacent to a commercial building within the required setback areas. Those items greater than six (6) feet in height shall be subject to the s-ite angle requirements depicted in Diagram A. (1) The display of a maximum of ten (10) new tires. (2) Merchandise offered in conjunction with approved temporary outdoor events such as grand openings, anniversary sales, or an ownership change. Such promotional activities may not exceed thirty (30) days. (3) Auto, truck, motorcycle, boat, or recreational vehicle sales provided that a three (3) foot wide landscaping strip is provided along all street frontages—in addition to that which is required by Article 960. A landscaping plan shall be submitted for approval by the departments of development services and public works in order to assure adequate pedestrian access and compliance with adopted landscape standards. (4) Nursery display including plants, new garden equipment, or trailer rentals subject to the same landscaping standards as required above for automobile sales. (5) Newspaper racks, reverse vending machines. (2958-10/88) (6) Collection containers for charitable organizations such as Goodwill or recycling provided they shall not be placed on vacant lots nor exceed 500 square feet including any required attendant parking space. (2958-10/88) (b) The following items may be permitted on a commercial site behind all required setback areas if screened from view on all sides by (1 ) a minimum six foot high decorative masonry wall or a building, and (2) landscaping. (1) Rental equipment (2) Patio furniture (3) Masonry items, including brick, cement, stone (4) Lumber or fertilizer provided they are limited in height to that of the adjacent screening wall . (2829-5/86, 2958-10/88) 11/90 9220.11--9220.13(c) 9220.11 Game arcades. Game arcades shall be permitted in the C2 and C4 districts subject to the approval of a use permit by the Zoning Administrator and conformance to the following standards: (a) Bicycle racks or a special bicycle parking area shall be provided to eliminate obstruction of the public sidewalk and building entry. (b) Buffers shall be required as outlined in section 9220.12(c) . (c) The facility shall be situated ,i.n a commercial area at an intersection with a traffic signal , and shall not be located closer than one—half mile by the shortest walking distance to any elementary, junior or senior high school . (d) Hours of operation shall be established by the Planning Commission. (e) One supervisory employee eighteen (16) years or older shall be in attendance during operating hours. (2829-5/86) 9220.12 Dancing/live entertainment. Adult dancing and/or live entertain— ment as a primary or secondary use, and dancing for patrons under the age of twenty—one (21 ) shall be permitted in the C2 and C4 districts subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) The use shall comply with any applicable provisions of the Huntington Beach Municipal Code, including Chapter 5.28, Dance Halls, Chapter 5.44, Restaurants--Amusement and Entertainment Premises, Chapter 5.70, Adult Entertainment Businesses, and Chapter 8.40, Noises. (b) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided to eliminate obstruction of the public sidewalk and building entry. (c) Buffers to provide separation between the use and adjacent residentially zoned or general planned property shall be provided in order to ensure effective protection from noise, trash, and other potential nuisances. Buffers may include other buildings, arterial streets, and permanent open space as defined in this code. Block walls shall not be considered buffers. (2829-5/86) 9220.13 Hotels/motels. Hotels and motels shall be permitted in the C4 district subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) Hotels and motels shall be located and take access from arterial highway. (b) A passive- or active outdoor recreational amenity shall be provided for the use of all guests subject to approval by the Planning Commission. (c) A minimum of ten (10%) percent of the site shall be landscaped and a minimum fifteen (15) foot wide landscaped planter shall be provided at all streetside property lines. 11/90 f 9220.13(d)--9220.14(d) (d) Such use shall provide transient occupancy to overnight guests for a maximum period of thirty (30) consecutive ,days and for a minimum daily stay. (e) Such use shall comply with any applicable provisions of the Huntington Beach Ordinance Code. (2829-5/86) 9220.14 Service stations. Service station uses warrant separate considera— tion because they tend to have specialized problems which require the regula— tion of location and design in order- to protect the health, safety and general welfare of the community. These concerns include potential traffic hazards, the unenclosed nature of the use, distinctive physical appearance, hours of operation, noxious odors, noise, and the danger to life and property due to the storage of flammable and explosive materials. (a) Locational criteria. The Planning Commission shall consider the following criteria when evaluating a proposed conditional use permit: (1 ) The site shall be at the intersection of arterial highways or adjacent to a freeway off—ramp. A site at the intersection of a secondary arterial and any other highway may be permitted if two (2) of the remaining corners are zoned and general planned for commercial uses. (2) The site' s proximity to other service stations or businesses associated with flammable materials. (3) The site' s proximity to residences, schools, hospitals, churches, theaters, parks, and other places of public assembly. (4) Potential adverse impacts on traffic circulation and pedestrian safety the proposed use would have on abutting streets. (b) Prohibited uses. (1 ). Automobile repair shall be limited to minor repair as defined in this code. (c) Minimum parcel size and frontage. (1 ) The minimum lot size shall be 22,500 square feet. (2) The minimum frontage on any arterial highway shall be,one hundred and fifty (150) feet. (d) Accessory uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the initial conditional use permit request or shall be subject to new entitlement if proposed after the initial application has been filed. 11/90 9220.14(d)(1 )--9220.14(f)(2) (1 ) Convenience markets in conjunction with gasoline sales shall be permitted provided no automotive repair or truck or trailer rental shall be permitted on the same site. (2) Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. (3) Vending machines provided they are placed entirely within the main building. (4) Tire storage provided such use is` limited to a single storage structure compatible with the architecture of the building and limited in size to eight (8) feet high by sixteen (16) feet long. The ! location shall be behind required streetside setbacks, either adjacent to the building or on an interior property line. Outside display of any other type of merchandise shall be prohibited. . (5) Outside activities shall be limited to the dispensing of gasoline, oil , water, and minor accessory parts such as fan belts and wiper blades. Outside storage of motor vehicles shall be prohibited except as provided for truck rentals below. Outside storage shall mean the parking of a motor vehicle outside for a period in excess of twenty-four (24) hours, or, if the vehicle is being serviced, in excess of seven (7) days. (6) Truck and utility trailer rental provided they do not exceed twenty-five (25) feet in length, and are stored a minimum of fifty (50) feet from exterior property lines. (e) Setbacks. Building setbacks shall conform to the regulations stated for the district in which the site is located or as specified on the sectional district maps for the site itself. Pump islands and canopy structures shall maintain the following setbacks from exterior property lines: Pump island: 15 feet Canopy: 7 feet with ground clearance of 12 feet above centerline of the adjacent street (f) Design standards. The following standards are intended to encourage a safe and efficient site layout and aesthetically pleasing architecture and landscaping. (1) In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. (2) The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 11/90 9220.14(f)(3)--9220.14(g)(5) (3) Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of three (3) service bays shall be permitted per site, none of which shall face a public right—of—way. (4) Lighting shall be of low profile design, indirect or diffused, and shall create a pleasing appearance with no negative impact on surrounding uses. M. A minimum of ten (10%)- percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Article 960, as well as conform to the following requirements: (i) A three (3) foot wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to effectively screen service bays from surrounding properties. (.ii ) A six hundred (600) square foot planter with a minimum dimension of twenty (20) feet shall be provided at the corner of intersecting streets. iii A total of seventy 70 square feet of planting area shall ( ) of a y ( ) q p g be located adjacent to and on the streetside of the main building. (g) Nonconforming service stations. Plans to substantially alter or modernize existing service stations shall be subject to the approval of a new conditional use permit and conformance with all current code requirements. The reduced requirements outlined below shall apply to existing nonconforming service stations which shall meet all such standards by December 16, 1977. A (1 ) A minimum of six (6%) percent of the site shall be landscaped. Such plans shall conform to all applicable provisions of Article 960, Off—street Parking and Landscaping. (2) Where feasible, a minimum three (3) foot wide landscape planter (inside dimension) shall be provided along streetside property lines. (3) A landscaped planter shall be provided at the corner of the two ' intersecting streets. (4) Where regulations for the placement of planters would impede circulation or access, landscaping shall be placed elsewhere on the property to meet the minimum requirement. (5) Trees shall be provided for the planters at a rate of one thirty inch box tree per forty—five (45) feet (or fraction thereof) of planter length. _J 11/90 I 9220.14(g)(6) (6) All freestanding and attached signs shall be altered or removed in order to comply with the provisions of the sign code. Service stations which were in conformance with all sign provisions in effect on June 16, 1919 shall not be required to come into conformance. with any newly adopted standards. Service station signs which were not in conformance with applicable requirements on this date shall be required to be brought into conformance with all provisions of the sign code as it exists or may hereinafter be amended: (2829=5/86) 11/90 SITE ANGLE REQUIREMENTS DIAGRAM A 18° 28° . . T. t 28 0 28 0 18 0 as fly 1. 1 v: r yy t l 1-F • -1 r . 1 tt 1-. . r ,. :::::<> t r <::::::::::::::::> ::::... :::::::>:: : ::::::: : : 1 c 16 0 28 0 501 1E _ 18° X. NOTE: : ?' 10° TYPICAL LOTS IN COMMERCIAL ;:;::::; :� RESICE DISTRICTS 0 ( D I S r MERCHANDISE LESS THAN 6FT. IN HEIGHT. .' 25 MERCHANDISE OVER 6FT. IN HEIGHT. 28° 25° ® BUILDING ENCROACHMENT t INTO THE REQUIRED SETBACK t 937 Index Article 937 NORTH HUNTINGTON CENTER SPECIFIC PLAN (2026-12/75, 2730-10/84, 2731-10/84, 2773-6/85, 2791-10/85, 3057-11/90) Sections• ` 9370 Definitions 9371 Establishment of Specific Plan 9371 .1 General Location 9371 .2 Legal Description 9371 .3 Administration of Plan 9371 .4 Minor Modifications 9371 .5 Use Limitations and Location Requirements 9371 .6 General Provision Building Height 9371 .7 General Provision Pedestrian Walkway System 9371 .8 General Provisions. Perimeter Setbacks 9371 .9 General Provisions. Sign Regulations 9371 .10 General Provisions. Transit Facilities 9371 .11 General Provisions. Parking and Loading Requirements 9371 .12 General Provisions. Landscaping and Screening Requirements 9371 .13 General Provisions. Setback Landscaping 9371 .14 General Provisions. Undeveloped Areas 9371 .15 General Provisions. Parking Area Landscaping 9371 .16 General Provisions. Sloped Banks 9371 .17 General Provisions. Refuse Collection Areas 9371 .18 General Provisions. Telephone and Electrical Service 9371 .19 General Provisions. Sewage and Water Systems. Fire Prevention 9371 .20 Site Regulations 9372 Site I Regulations. Permitted Uses 9372.1 . Site I Regulations. Maximum Density 9372.2 Site I Regulations. Minimum Dwelling Unit Size i 9372.3 Site I Regulations. Building Coverage 9372.4 Site I Regulations. Setback From Street 9372.5 Site I Regulations. Setback From Interior Property Line j 9372.6 Site I Regulations. Minimum Distance Between Buildings 9372.7 Site I Regulations. Private Driveways 9372.8 Site I Regulations. Parking Facilities 9372.9 Site I Regulations. Parking Assignments 9372. 10 Site I Regulations. Recreation Areas 9372.11 Site I Regulations. Landscaping 9372.12 Site I Regulations. Trash Pickup Areas 9372.13 Site I Regulations. Storage Space 9372.14 Site I Regulations. Appearance Standards 9373 Site II Regulations. Uses Permitted 9373.1 Site II Regulations. Additional Permitted Uses 9373.2 Site II Regulations. Setbacks 9373.3 Site II Regulations. Residential Use 9374 Site III Regulations. Uses Permitted 11/90 } 9370--9371 . 1 9370 Definitions. Whenever the following terms are used in this article they shall have the meaning specified below unless the context clearly indicates to the contrary. (a) "Active Land Use" shall mean that physical area of property within the specific plan which is utilized by building coverage, parking, storage, recreation area and pedestrian circulation purposes. (b) "Director" shall mean Director of Planning and Environmental Resources. (c) "General Plan" shall mean the General Plan of the City of Huntington Beach. ` (d) "Minor Modification" shall mean where unforeseen engineering or design problems are encountered in construction of the project in accordance with the approvals previously granted by the City, the Director may approve minor deviations. (e) "Perimeter wall " shall mean any opaque screen which is located on or within five (5)- feet of a property line designed to screen the buildings, yards, or activities- from adjacent property or right—of—way. (f) "Site" shall mean a physical boundary delineated upon the Specific Plan Map which correlates with site development regulations contained in this article. (g) "Specific Plan" shall mean the North Huntington Center Specific Plan as adopted by the City Council of the City of Huntington Beach. (h) "Specific Plan Map" shall mean the map described in Section 9375 which delineates the physical boundaries of the specific plan in addition to to other regulatory provisions cited herein. 9371 Establishment of Specific Plan. There is hereby established the North Huntington Center Specific Plan. .Property included within this plan shall be developed in accordance with the provisions contained in this article and all applicable provisions of Division 9 of the Huntington Beach Ordinance Code. 9371 .1 General Location. The general location of the North Huntington Center Specific Plan is that area bounded by McFadden Avenue to the north, San Diego Freeway to the east, Center Drive to the south and the Southern Pacific Railroad to the west. 11/90 T _ � 9371 .1--9371 .E aTY I Itils e *ewe e _! o `e� 9 L I a � ... :6'r::C•y':;:}�{is{�':;ti}";{:}'�:}i:Y k.ti Got-.OR f4w I I a I i i I I 9371 .2 Legal Description. That portion of the West half of the Northwest quarter of the Southeast quarter of Section 14, Township 5 South, Range 11 West, in the Rancho Bolsa Chica, as shown on a Map recorded in Book 51 , page 13 of Miscellaneous Maps, records of Orange County, California, lying Southerly of the following described line: Beginning at a point in the Westerly line of said Southeast quarter, said point being South 0' 16' 13" West 30.05 feet from the Northwest corner of said Southeast quarter, said point also being the point of 11/90 t 9371 .1--9371 .5(a) intersection of a line that is parallel with and distant Southerly 30.00 feet, measured at right angles, from the Northerly line of said Southeast quarter with said Westerly line of the Southeast quarter; thence South 89 43' 57" East at right angles to said Westerly line of the Southeast quarter 15.00 feet to a point in a non—tangent curve concave Southwesterly having a radius of 35.00 feet, $ radius of 35.00 feet, a radial line through said point bears North 16 27' 37" West;*thence Southeasterly along said curve through a central angle of 98 17' 40" an arc distance of 60.04 feet to the beginning of a tangent curve concave Northeasterly having a radius of 120.00 feet; thence Southeasterly along said curve through a central angle of 57 31 ' 24" an arc distance of 120.48 feet; thence South 65� 41 ' 21" East tangent to said last mentioned curve 581 .07 feet to a point in the Easterly line of said West half of the Northwest quarter of the Southeast quarter of Section 14. Excepting therefrom the Southerly 30.00 feet. Also excepting therefrom that portion included within the right—of—way of the Southern Pacific Railroad Company. And those portions of the East half of the Northwest quarter of the Southeast quarter of- Section 14, Township 5 South, Range 11 West, S. B. M. , and the South half of the Northeast quarter of the Southeast quarter of said Section 14, bounded Westerly by the Westerly line of said East half, bounded Southerly by the Southerly lines of said East half and said South half; bounded Northerly by the Southerly boundary of the San Diego Freeway and the Southerly boundary of Parcel, l of State Highway Relinquishment recorded in book 8649, page 882 of Official Records in the office of the County Recorder of said County. 9371 .3 Administration of Plan. Proposed development under the concepts of this specific plan shall be subject to approval of a conditional use permit pursuant to Article 984 of the Huntington Beach Ordinance Code. Said conditional use permit shall encompass the entire specific plan area. 9371 .4 Minor Modifications. Where a minor modification to an approved conditional use permit is proposed, a written request shall be submitted to the Director. Said request shall comply with all requirements of this article and the Huntington, Beach Ordinance Code. The request shall specify the exact modifications described and reasons therefor. In reviewing such a request, the Director shall not approve the minor modification if he finds that said amendment substantially alters the plot plans, which were relied upon in approval of a conditional use permit for a proposed development. If there is a substantial alteration to said plans, a conditional use permit modification shall be required., 9371 .5 Use Limitations and Location Requirements. The following regulations shall govern the proportion of land use activity and locational requirements of the Specific Plan: (-a). . Residential Use Limitations: Except as provided 'in Section 9373.1 , residential development within the boundaries of the specific plan shall not encompass an area in excess of 8.5 gross acres and shall comply with Section 9372 (Site I Regulations) of this article. 11/90 I 9371 .5(b)--9371 .11 (b) Locational Criteria: Proposed uses shall be located in the specific plan area in accordance with the Site Regulations contained in this article. 9371 .6 General Provision Building Height. Building height within the specific plan area shall not exceed the limitations for each site as delineated upon the specific plan map. Exceptions: Height limitations as specified for each district shall not be deemed to regulate the height of chimneys, flagpoles, scenery lofts, ornamental towers, spires, domes, cupolas, parapet walls not exceeding four (4) feet in height, rooftop mechanical equipment, or other similar appurtenances not designed for habitation. 9371 .7 General Provisions. Pedestrian Walkway System. A continuous pedestrian walkway system shall be provided in the specific plan area as delineated on the specific plan map. 9371 .8 General Provisions. Perimeter Setbacks. All structures greater than forty-two (42) inches in height shall set back from the exterior boundaries of the specific plan in accordance with the designations of the specific plan map. Exceptions. Perimeter setbacks are not applicable to Section 9371 .10 or to perimeter walls. j 9371 .9 General Provisions. Sign Regulations. All signs shall conform to ( Article 961 of the Huntington Beach Ordinance Code, however, freestanding signs shall be limited in the number permitted as designated on the specific plan map. No other freestanding signs shall be permitted. 9371 .10 General Provisions. Transit Facilities. There shall be a transportation transfer facility provided adjacent to Center Drive for the purpose of accommodating mass transit vehicles. Said facility may include a canopy shelter for the convenience and comfort of persons utilizing the facility which shall not be subject to setback requirements of this article. The location of the facility shall generally conform to the location designated upon the specific plan map. 9371 .11 General Provisions. Parking and Loading Requirements. Upon submittal of an application for a conditional use permit, the amount of parking to accommodate the needs of the proposed land uses shall be provided based upon a combination of the following methods: (3057-11/90) (a) Peak hour demand analysis: (b) Joint use of parking based upon divergent needs; ' (c) Ratios of parking in relation to building square footage; (2078-8/76) Except as provided in Section 9372.8, all developments shall comply with standards outlined in Article 960. (3057-11/90) 11/90 4 9371 .12--9371 .19(a) 9371 .12 General Provisions. Landscaping and Screening Requirements. Detailed landscape and irrigation plans, prepared by a licensed architect or under the direction of a landscape architect, shall be submitted to and subject to approval by the Director prior to issuance of a building permit and installed prior to final inspection. Landscape in the public right-of-way shall be installed in accordance with plans and specifications on file in the Department of Public Works. All unpaved areas not utilized for active land use shall be landscaped. 9371 .13 General Provisions. Setback Landscaping. Except as provided in Section 9371 .8, the entire area of perimeter setbacks shall be landscaped except for driveway openings and street intersections in said area. 9371 .14 General Provisions. Undeveloped Areas. Undeveloped areas proposed for future expansion shall be maintained in a weed and dust-free condition and shall remain free of debris. 9371 .15 General Provisions. Parking Area Landscaping. Trees, equal in number to one (1 ) per each five (5) parking stalls shall be provided in the parking area. Trees within planting areas around buildings shall not be included in calculating the number of trees required for parking areas. Planting of trees may be in groups and need not necessarily be in regular spacing. ` Screening of parking areas shall comply with Article 960 of the Huntington Beach Ordinance Code. 9371 .16 General Provisions. Sloped Banks. All sloped banks adjacent to 'a public right-of-way shall be stabilized, planted and irrigated with full coverage in accordance with plans submitted to and subject to approval by the Director of Public Works. 9371 .17 General Provisions. Refuse Collection Areas: (a) Opaque materials shall be used to screen outdoor refuse containers from view from access streets, freeways and adjacent property. (b) No refuse container area shall be permitted between a frontage street and the building line. (c) Minimum width for landscaping shall be three (3) feet around refuse container areas except for access areas to said facility. 9371 .18 General Provisions. Telephone and Electrical Service. All "on-site" electrical lines (excluding lines in excess of 12KV) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 9371 .19 General Provisions. Sewage and Water Systems. Fire Prevention. (a) All sewage systems shall comply with standard plans and specifications of the City and shall connect to the City sewage system. 11/90 9371 . 190)-=9372.5 n (b) All water systems shall comply with standard plans and specifications of the City and shall connect to the City water system. (c) All fire protection appliances, appurtenances, emergency access and any other applicable requirements pursuant to Chapter 17.56 of the Huntington Beach Municipal Code, shall meet the standard plans and specifications on file with the Fire Department. 9371 .20 Site Regulations. This specific plan is divi_ded_,into--site. areas-----------------for purposes of development. Development of each site shall comply with the specific provisions contained herein, in addition to the general provisions of Section 9371 . 9372 Site I Regulations., Permitted Uses. (1 ) Residential , or (2) Commercial , subject to the same regulations applicable to Site III. 9372.1 Site I Regulations. Maximum Density. Residential density within Site I shall not exceed 34:85 dwelling units per gross acre. 9372.2 Site I Regulations. Minimum Dwelling Unit Size. Unit Type Minimum Floor Area Bachelor and Single 400 square feet One Bedroom 600 square feet Two Bedroom 900 square feet Three Bedroom 1100 square feet Four Bedroom 1300 square feet 9372.3 Site I Regulations, Building Coverage. The maximum building coverage of all roofed structures shall not exceed forty-five percent (45%) of the gross acreage minus streets and drives. 9372.4 Site I Regulations. Setback From Street. The setback from a street shall average twenty (20) feet from any structure exceeding forty-two (42) inches in height. In no case shall the minimum setback be less than fifteen (15) feet. Any exception to these requirements shall be designated on the specific plan map. 9372.5 Site I Regulations. Setback From Interior Property Linea The setback from interior property lines shall be not less than ten (10) feet except where a perimeter setback is designated in Section 9375 in which case the perimeter setback shall prevail as the minimum setback. Any exceptions to these requirements shall be designated on the specific plan map. 11/90 ' 9372.6--9372.8(d) 9372.6 Site I Regulations. Minimum Distance Between Buildings. The minimum distance between buildings thirty (30) feet or less in height shall be not less than fifteen (15) feet. The minimum distance between buildings greater than thirty (30) feet in height shall be not less than twenty (20) feet. Any exceptions to these requirements shall be designated on the specific plan map. 9372.7 Site I Regulations. Private Driveways. In order to provide sufficient driveway widths for traffic flow and maneuverability, the following standards shall apply: (a) Where a driveway serves as the primary access to or within an apartment development and vehicles can park parallel on both sides of such driveway, the minimum paved width shall be forty (40) feet. (b) Where vehicles can parallel park on only one side of a driveway, which serves as the primary access to or within an apartment development, and where open or enclosed parking, other than parallel , is provided on the opposite side of such driveway, the minimum paved width shall be thirty-three (33) feet. (c) A minimum paved width of twenty-eight (28) feet shall be provided where open or enclosed parking, other than parallel , is provided on both sides of a driveway, which exceeds 150 feet in length and serves as the primary access to or within an apartment development. (d) Any driveway exceeding 150 feet in length which terminates within an apartment development shall be provided with a curbed turnaround having a twenty (20) foot radius. NOTE: The air space above all minimum widths for driveways within an apartment development shall remain open to the sky except for roof overhang or eaves above a height of fourteen (14) feet which may project, into such air space a maximum of four (4) feet. The developer is encouraged to provide covered parking spaces under main buildings to increase open space. 9372.8 Site I Regulations. Parking Facilities. (3057-11/90) (a) Fully-enclosed garages shall be provided for any required covered parking spaces that are entered directly from any public alley. Physical separation such as drywall , masonry or similar material shall be provided between each enclosed parking space. (3057-11/90) (b) Carports may be used to satisfy the remaining covered parking requirement. (3057-11/90) (c) Carports and open parking compounds shall be screened from adjacent property lines, and such screening shall be compatible with the project surroundings. (3057-11/90) (d) No carport and garage facility shall be permitted to face any public street. (2078-8/76, 3057-11/90) 11/90 9372.9--9372.13 937.9 Site I Regulations. Parking Assignments. Each dwelling unit shall have an assigned, covered, parking space within two hundred (200) feet walking distance of such dwelling unit. If off-street parking facilities are detached from the unit, each unit shall be assign a parking space and such space shall be so designated on a plot plan. 9372.10 Site I Regulations. Recreation Areas. Recreation areas shall be provided for each dwelling unit. Said recreation areas shall be allocated as follows: Unit Type Recreation Area Bachelor and Single 150 square feet One bedroom 200 square feet Two bedroom 325 square feet Three or more bedrooms 400 square feet Enclosed recreation areas may be utilized to fulfill not more than fifteen percent (15%) of this requirement. The remaining 'area shall be supplied out-of-doors pursuant to this section. Recreation areas may include: game courts or rooms, swimming pools, sauna baths, putting greens, play lots, or other similar type areas serving all residents of the development; but shall not include balconies, decks or areas used exclusively for .pedestrian access ways. Game courts, swimming pools or putting greens situated on top of a parking structure may be considered as recreation area. Recreation areas shall not be located within ten (10) feet of the wall of any ground floor unit having a door or window or within five (5) feet of any other wall . Also, such recreation area shall have a minimum width of twenty (20) feet. 9372.11 Site I Regulations. Landscaping. All setback areas fronting on or visible from a public street, and all recreation areas shall be landscaped and permanently maintained in an attractive manner. Such landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants. Decorative design elements such as fountains, pools, benches, sculpture, plants and similar elements may be permitted, provided such elements are incorporated as an integral part of the landscaping plan. 9372.12 Site I Regulations. Trash Pickup Areas. Trash collection areas shall be provided within two hundred (200) feet of the unit they are intended to serve. 9372.13 Site I Regulations. Storage Space. A minimum of one hundred (100) cubic feet of storage space shall be provided for each unit. Special attention shall be given to the amount and location of such storage space. 11/90 F 9372.14--9373.1 (b) 9372.14 Site I Regulations. Appearance Standards'. In order to retain and - strengthen the unity and order of the surroundings, and to insure that the structures enhance their sites and are harmonious with the highest standards of improvements in the surrounding area and the community, the following- standards shall apply. (a) Architectural features and general appearance of the proposed development shall not impair the orderly and harmonious development of the area, the occupancy thereof, or the community as a whole. (b) Buildings exceeding 120 feet in length shall have variations in the wall setback of at least four (4) feet for each 120 feet of building length. (c) Architectural features shall be incorporated into the design of all vertical exterior surfaces of the buildings in order to create an aesthetically-pleasing project when viewed from outside the project as well as within. 9373 Site II Regulations. Uses Permitted. (a) Retail stores. (b) Restaurants, nightclubs, coffeehouses, snack bars and other related facilities. . (c) Services such as barber shops, beauty shops, shoe repair. (d) Art galleries, art studios, art shops, antique shops, bookstores, photography studios and shops, gift shops, newspaper and magazine shops, import shops, interior design studios. (e) Chapel . (f) Travel agencies. (g) Motel (Not to exceed twelve (12) units). (h) Banks. (i) Handicraft shops, leathercraft shops, hobby-related shops. (j) Fortunetelling subject to issuance of a conditional use permit. (2773-7/85) 9373.1 Site II Regulations. Additional Permitted Uses. The following uses are permitted provided they are located above or behind a permitted use designated elsewhere in this article. (a) Single-family dwelling units. (b) Art, drama, music, dancing or language schools. 11/90 9373.1 (c)--9374(h) (c) Any other use which the Planning Commission may find to be similar in character consistent with the uses permitted on Site II. (d) Adult dancing and/or live entertainment as a primary or secondary use subject to the issuance of a conditional use permit, and the requirements set out in Section 9730.83 of this code. (2730-10/84, 2791-10/85) (e) Teen dancing for patrons under the age of twenty-one (21 ) subject to the issuance of a conditional use permit and the„requirements contained in Section 9730.82. (2730-10/84, 2791-10/85) 9373.2 Site II Regulations. Setbacks. Except where perimeter setbacks govern the following minimum yard setbacks measured from the boundaries of Site II as delineated in Section 9375 shall apply: Front and exterior side: Twenty (20) feet.` Interior side and rear: Fifteen (15) feet Exceptions: Setbacks are not applicable to perimeter walls. 9373.3 Site II Regulations. Residential Use. If residential dwelling units are proposed for construction in Site II, the number of single family dwelling units shall not exceed forty-five (45) . Each dwelling unit shall be provided with a recreation area containing not less than three hundred (300) square feet having a minimum dimension of fifteen (15) feet. Said recreation area shall be situated adjacent to each dwelling unit. 9374 Site III Regulations. Uses Permitted. The following uses are permitted in Site III of the North Huntington Center Specific Plan: (2730-10/84, 2791-10/85) (a) Retail stores. (b) Restaurants, sidewalk cafes, nightclubs, coffeehouses, snack bars and other related facilities. (c) Services such as barber shops, beauty shops, shoe repair. (d) Art galleries, art studios, art shops, antique shops, book stores, photography studios and shops, gift shops, newspaper and magazine shops, import shops and interior design studios. (e) Travel agencies. (f) Banks. (g) Motion picture theaters, legitimatg theaters. (h) Handicraft shops, leathercraft shops and hobby-related shops. 11/90 9374(i )--9374(o) (i ) Hotels and motels. (j) Offices for professional services. (k) Art, drama, music, dancing or language schools. (1 ) Automobile parking facilities. (m) Any other use which the Planning Commission may find to be .similarin character consistent with the"uses' permitted in Site II. t (n) Adult dancing and/or live entertainment as a primary or secondary use subject to the issuance of a conditional use permit and the requirements contained in Section 9730.83 of this code. (2730-10/84, 2791-10/85) (o) Teen dancing for patrons under the age of twenty-one (21 ), subject to the issuance of a conditional use permit and the requirements contained in Section 9730.82. (2730-10/84, 1.2791-10/85) gi/90 r D r _ - v v z � �>�•3_� 91.F �- ----- �`PJ�! WA�K�lA'( <>l''�w,1 \� � _S— ``"' •,. _ i —�— �QF��AAID,r.1G( 515i1! L.C�J."rl0l.l�i - \� �� ' �`, � ►�Ays'�i'AuSI� "("�AI.iS�EQ- �C.ILIt`( C35 F( 4/ /j, 5 E b v L-J at� e--FT PF-Igrr LIMr) z 1 200 Ft'� -- ------------1---- w CODE AKUNT tElS. ' No. 84-16 HUNTINGTON BfA(-H CALIFORNiA gr" ` PLOININ`� DIVIS•.-)N Title 9600--Title 9605.3 Article 960 OFF-STREET PARKING LOADING AND LANDSCAPING (1169-1 /66, 1239-9/66, 1261-11/66, 1289-2/67, 1340-9/67, 1548-2/70, 1787-10/72, 1811-2/73, 1859-9/73, 1928-9/74, 1967-9/75, 2511-11/81 , 2537-3/82, 2635-8/83, 2717-9/84, 2780-9/85, 2815-2/86, 2828-5/86, 2947-8/88, 3054-11/90) Sections: 9600 GENERAL PROVISIONS 9600. 1 Parking compliance 9600.2 Surplus parking 9600.3 Inoperable motor vehicle 9600.4 Location 9600.5 Expansion of use with nonconforming parking 9601 DESIGN STANDARDS 9601 . 1 Public Works requirements 9601 .2 Circulation design 9601 .3 Illumination 9601 .4 Protection 9601 .5 Stall dimensions 9601 .6 Parking structures 9602 NUMBER OF SPACES REQUIRED 9602.1 Handicapped parking J 9602.2 Non-residential use 9602.3 Residential uses 9603 RESIDENTIAL REGULATIONS 9603. 1 Coastal parking 9603.2 Private garages and carports 9603.3 Turning radius 9603.4 Driveway width 9603.5 Access 9603.6 Open parking 9603.7 Guest parking 9603.8 Enclosed parking 9603.9 Planned residential developments 9603. 10 Distribution and assignment 9603. 11 Screening 9603.12 Driveway air space j 9603. 13 Storage space j 9604 NON-RESIDENTIAL REGULATIONS 9604. 1 Designated parking 9604.2 Parking controls 9604.3 Parking location 9604.4 Driveway width 9604.5 Loading space 9604.6 Loading location 9604.7 Loading design 9604.8 Landscape buffer 9605 SEASONAL AND TEMPORARY LOTS 9605. 1 Parking lot standards 9605.2 Certificate to operate 9605.3 Failure to comply 12/90 r Title 9606--9600.4(b) 9606 PARKING REQUIREMENT ALTERNATIVES 9606.1 Joint and mixed uses 9606.2 In lieu fees withi.n the Downtown Specific Plan area 9606.3 Special Permit 9607 SCREENING AND LANDSCAPING 9607.1 General provisions 9607.2 Interior landscaping 9607.3 Front and exterior side yards 9607.4 Planter walk areas 9607.5 Irrigation 9607.6 Curbing 9607.7 Landscaping requirement exception 9600 General provisions. Parking facilities, loading and on-site landscaping shall be provided for new construction and expansions of greater than fifty (50) percent of the existing square footage in nonresidential projects in order to meet the parking demand of all activities on the parcel and improve the aesthetic quality of the project. The minimum parking requirements for each particular land use are included in this article. Parking spaces over and above the minimum number specified by this article may be required by the body responsible for reviewing the use itself based on the intensity of the use. Parking requirements for uses not specified shall also be determined by such body. (3054-11 /90) 9600.1 Parking compliance. A certificate of occupancy for any new use, structure or premises shall not be issued until all of the required parking facilities and landscaping for the use have been completed in conformance with the requirements of this article. (3054-11 /90) 9600.2 Surplus parking. Any off-street parking or loading facility which is permitted but not required, shall comply with all provisions of this article governing location, design, improvement and operation. (3054-11 /90) 9600.3 Inoperable motor vehicle. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3054-11 /90) 9600.4 Location. The parking facilities required by this article shall be on the same lot or parcel of land as the structure or use they are intended to serve except in the following cases: (3054-11/90) (a) An adjacent lot may be used which is in the same person' s possession as the structure or use. Such possession may be by deed or long term lease, approved as to form by the 'City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. (3054-11/90) 12/90 9600.4(b)--9601 .2 (b) Required parking provided by means of a parking district or parking authority is 'not subject to any location requirements. (2828-5/86, 3054-11/90) 9600.5 Expansion of use with nonconforming parking. (3054-11/90) (a) A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this article. (3054-11/90) (b) A single family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this article. (3054-11/90) (c) A nonresidential use with nonconforming parking may be expanded less than fifty (50) percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions greater than fifty (50) percent of the existing square footage require the site to be in total compliance with the current parking standards contained in this article. (3054-11/90) 9601 Design standards. The design and layout of parking areas shall comply with the following standards: (3054-11/90) 9601 .1 Public works requirements. Drive locations on arterial highways shall be located in a manner to coordinate with future median openings and in accordance with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum twenty-four (24) feet in width. (3054-11/90) 9601 .2 Circulation design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access form an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3054-11 /90) Commercial centers which have two hundred (200) parking spaces or more shall , have at least one main entrance designed as depicted on Diagram B. (3054-11 /90) A minimum three '(3) foot by three (3) foot wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. , A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest 12/90 S f , r 9601 .2--9601 .E intersecting aisle with complete circulation) . The maneuvering area and turnaround space shall be designed as depicted in Diagram D. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director of Community Development. (3054-11/90) 9601 .3 Illumination. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours and such lighting shall be on a time—clock or photo—sensor system. (3054-11 /90) 9601 .4 Protection. Fences, walls or buildings adjacent to parking areas or drive aisles shall be protected from vehicle damage, subject to approval by the Director of Community Development. (3054-11/90) 9601 .5 Stall dimensions. The minimum off—street parking stall dimensions (in feet) shall be as follows. Striping requirements are depicted in Diagram A. Directional signs- and/or pavement markings shall be provided in any facility in which one—way traffic is established. (3054-11 /90) Angle"' Stall Stall Aisle Width** of Parking Width* Depth 1 way 2 way 0 degrees 9 19 (with 8' 12 20 (Parallel ) striped maneuvering area between every 2 spaces) 30 degrees 9 19 14 20 45 degrees 9 19 15 20 60 degrees 9 19 20 20 90 degrees 9 19 26 26 Residential 9 19 25 25 Non—residential 9 19 26 26 Compact 8 17 subject to S. 9606.3 (3054-11 /90) * NOTE: A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Posts/columns may be permitted along the 'side -of each space only within three (3) feet of the head and foot of each stall . (3054-11/90) ** Minimum twenty—four (24) feet when determined by Fire Department to be a fire lane. (3054-11 /90) 9601 .6 Parking Structures. Parking structures above or below grade shall be subject to approval of a conditional use permit by the Planning Commission when no other entitlement is required. In addition to design standards all parking structures shall comply with base district standards as well as the following requirements : (3054-11 /90) ' 12/90 9601 .6(a)--9602.1 (a) Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of five (5) percent. The maximum slope for transition ramps with no adjacent parking spaces shall be ten (10) percent. ('3054-11 /90) A ramp used for ingress and egress to a public street shall have a transition section at least sixteen (16) feet long and a maximum slope of five (5) percent. (3054-11/90) (b) Parking structures with over three hundred (300) spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by°,a registered traffic engineer. (3054-11 /90) (c) Parking structures shall be provided with a minimum ten (10) foot wide perimeter landscape planter at ground level . Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3054-11 /90) (d) All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal : bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. (3054-11 /90) (e) All parking structures proposed for conversion to a fee parking arrangement shall be subject to the approval of a conditional use permit. (3054-11 /90) 9602 Number of spaces required. For the purpose of this section, the square footage indicated shall mean the gross floor area of the use unless otherwise indicated. When calculations include any fraction, one (1 ) full parking space shall be required for such fractional space. (3054-11 /90) 9602.1 Handicapped parking. As required by the State of California, handicapped parking shall be provided for all non-residential projects on the basis 'of total parking provided on-site as follows : (3054-11/90) No. of Spaces No. of Handicapped Spaces 1 - 40 1 40 - 80 2 81 - 120 3 121 - 160 4 161 - 300 5 301 - 400 6 401 - 500 7 over 500 1 for each additional 200 spaces provided. (3054-11 /90) . 12/90 ' 9602.2--9602.2 9602.2 Non—residential use. (3054-11 /90) r Use Parking spaces required A. Auto and machinery service garages 1/200 square feet, but no less than 5 per business Auto, boat, trailer sales and 1/1000 square feet of indoor/ rental agencies; other outdoor outdoor sales and/or, display commercial uses including retail lot area accessible for public nurseries viewing, but no less than 10; plus 1/300 sq. ft. office area; 1 /200 sq. ft. auto service area B. Bed and breakfast 1 per guest room and 1 owner/manager plus 1 visitor Boat marina .75 per boat slip, C. Car wash 01 Full=service 10 " (2) Self—service 1 .5 per wash stall (3) With fuel sales 12 Churches', theaters, clubs, lodges, 1 per 35 square feet of public social halls, auditoriums, funeral assembly area, or 1 per 3 fixed homes and mortuaries seats (18 inches shall be 1 seat) whichever is greater F. Food and beverage establishment/ nightclubs with more than twelve (12) seats: " (1 ) Separate parcel 1/60 square feet (2) Within integrated complex 1 /100 square feet (3) Ancillary dance floors 1/50 square feet of area devoted to dancing Furniture and appliance stores 1 /500 square feet, excluding areas used for storage or loading but no less than 5 H. Hair/nail salons (1 ) Separate parcel 2.5 per chair or station (2) Within integrated complex 1 /200 square feet Hospitals 1 .5 per bed Hotels and motels 1 per unit or bedroom, whichever is more restrictive, plus 1 employee space per 10 guest rooms, plus 2 spaces for any manager' s ---�- unit, plus spaces required for ancillary uses 12/90 9602.2--9602.2 (continued) 9602.2 Non—residential use. (3054-11/90) (continued) Use Parking spaces required I . Industrial uses (1 ) Speculative buildings 1/500 -square feet (maximum 10% office area) (2) Manufacturing, research 1 /500 square feet assembly, packaging (3) Wholesaling, warehousing and 1 /1000 square feet distributing space (4) Outside uses: Storage, wrecking/ 1 /5000 square feet, but no salvage and lumber yards less than 5 (5) Offices 1/250 square feet ancillary to industrial uses if square feet exceeds 10 percent of gross floor area. (6) Mini—storage facilities Single story 1/5000 square feet Multistory 1 /2000 square feet Plus 2 spaces for any caretaker' s unit M. Medical/dental (includes out patient 1/175 square feet medical/surgery centers) 0. Office uses, general (1 ) Less than 250,000 square feet 1 /250 square feet (2) Greater than 250,000 square feet 1 /300 square feet R. Retail uses not otherwise specified, 1/200 square feet including department stores, arcades, gymnasiums and health spas, financial institutions, food and beverage establishments with 12 seats or less S. Schools (1 ) Preschools, nursery, day care 1 per staff member, plus 1 per classroom (2) Elementary, junior high 1 .5 per classroom (3) High school/college 7 per classroom (4) Trade schools, music 1/35 square feet of instruction conservatories, personal area enrichment services 12/90 9602.2--9602.3 9602.2 Non-residential use: (3054-11/90) (continued) Use Parking spaces required Service stations (1 ) Full-serve/repair garage 1/500 square feet, but no less than 5 (2) Self serve 2 per use (3) With convenience markets 1/200 square feet of retail space but no less than 8 (4) With car wash 1,2 Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit T. Tennis/racquetball courts, 3 per court or alley lane bowling alleys (3054-11/90) 9602.3 Residential uses. (3054-11/90) Use Parking Spaces Required (1 ) Single-unit dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 3 enclosed and 3 open (open spaces may be behind any required spaces and/or on street adjacent to the property. ) Existing 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 2 enclosed and 3 open (open spaces may be behind any required spaces and/or on street adjacent to the property.) In the Oldtown and Townlot 2 spaces for dwelling units with Districts up to 3 bedrooms, and 1 space for each additional bedroom 2 spaces per unit must be enclosed in a garage, and remainder may be open, unenclosed and designed to be behind the garage space One (1 ) additional space per dwelling when no on-street parking is allowed; may be behind required spaces. , 12/90 �r 9602.3(continued)--9603.4 .•-� 9602.3 Residential uses. (3054-11/90) (continued) Use Parking Spaces Required (2) Multi-family bachelor/one (1 ) bedroom 1 space two (2) bedrooms 2 spaces three (3)+ bedrooms 2.5 spaces guest .5 space per unit 1 space per unit must be, enclosed (3) Senior 1 space studio/one bedroom 2 bedrooms 1 .5. spaces (2828-5/86) 1 space per unit must be covered (4) Mobilehome 2 spaces 1 shall be covered, the other may be behind the first guest 1 per 3 mobilehomes (5) Rooming house 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms (3054-11 /90) 9603 Residential parking. Residential parking shall comply with the following requirements as well as any additional provisions contained in the regulations of the individual district. .. (3054-11/90) 9603.1 Coastal parking. Each dwelling unit located in the Coastal Zone shall have a minimum of two (2) on-site parking spaces: If the total coastal parking requirements exceeds the total minimum parking as required by this Article, the additional required parking spaces may be in tandem with enclosed spaces provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3054-11 /90) 9603.2 Private garages and carports. All required private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. (3054-11 /90 9603.3 Turning radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or drive, shall be twenty-five (25) feet as measured to the opposite side of the alley or drive. (3054-11 /90) 9603.4 Driveway width. All private driveways or driveway easements shall meet the following minimum driveway width requirements: (3054-11/90) Length of Drive Requirement 150 feet or less Ten (10) feet clear width for single family dwellings Twenty (20) feet clear width for multi-family dwellings 12/90 9603.4--9604 Length of Drive (continued) Requirement Greater than 150 feet Twenty (20) feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. (3054—) 1/90) 9603. Access. When a lot abuts an arterial highway and a local street, access to on—site parking shall be from the local street. When a lot abuts an alley, access shall be from the alley unless a different access is approved by the Planning Commission. When 'a lot abuts two (2) arterial highways or two (2) local streets, access shall be subject to the approval of the Director of Public Works. (3054-11 /90) 9603.6 Open parking. No open parking spaces shall be permitted in any required setback adjacent to a public street except as provided in Article 911 . (3054-11/90) 9603.7 Guest parking. All guest parking shall be fully accessible and designated as such. (3054-11 /90) 9603.8 Enclosed. parking. Any parking space in the front 50 feet of a lot that has ingress or egress directly from a street shall be in a fully enclosed building equipped with a door to provide for its complete enclosure. (3054-11 /90Y) 9603.9 Planned residential developments. In a planned residential development where a garage is constructed a minimum of twenty (20) feet from the .curbs- ,the driveway in front of the garage may be used to satisfy one of , the re'qu'ired' uncovered spaces. No more than fifty (50) percent .of driveway spaces'may be credited toward this requirement. (3054-11/90) 960310 Distribution and assignment. Required parking spaces shall be distributed throughout a planned residential development at convenient locations to serve both residents and guests. Each dwelling unit shall have , assigned covered parking within a walking distance of two hundred (200) feet. (3054`l 1/90) 9603.11 Screening. All required parking spaces or areas, open or enclosed, shall be screened on a horizontal plane. (3054-11/90) 9603.12' Driveway air space. The air space above all driveways which exceed 150' feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum four (4) foot projection may be permitted above a height of fourteen (14) feet. (3054-11 /90) 9603.13 Storage space. When a required residential covered space is located in carport or parking structure, 100 cubic feet of enclosed storage space shall be provided `in the space. (3054-11 /90) 9604 Nonresidential parking and loading. Nonresidential parking and loading shall comply with the following requirements as well as any additional provisions contained in the individual district. (3054-11/90) 12/90 . P 9604.1--9605.1 9604.1 Designated parking. Parking spaces within an integrated non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved ` by the Director of Community Development. (3054-11 /90) 9604.2 Parking controls. Parking controls, such as gates or booths, and/or collection of fees may be permitted when authorized by a conditional use permit approved by the Planning Commission. (3054-11 /90) 9604.3 Parking location. Any yard area not facing a street may be used solely for automobile parking provided such use is not in conflict with other code specifications. (3054-11 /90) 9604.4 Driveway width. The minimum width for driveways providing access to the rear of a structure shall be twenty-five (25) feet. (3054-11 /90) 9604.5 Loading space. One loading space (minimum fourteen (14) feet in width, twenty (20) feet in length, and fourteen (14) feet in height) for each 20,000 square feet or fraction thereof, of gross floor area; however, not more than three (3) such spaces shall be required for buildings exceeding 60,000 square feet. (3054-11 /09) 9604.6 Loading location. Truck or rail loading, dock facilities, and the doors for such facilities shall not face or be located within forty-five (45) feet of property zoned or general planned residential . (3054-11/90) 9604.7 Loading design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys, during loading activities. (3054-11/90) 9604.8 Landscape buffer. Where the side or rear yard of a parcel is used for loading activities and abuts property zoned or general planned for r..esidential uses, a landscaped buffer along the property line shall be provided. A Landscaping Plan shall be subject to review and approval by the Director of Community Development. (3054-11 /90) 9605 Seasonal and temporary parking lots. Seasonal and temporary parking lots may be permitted subject to the approval of a Use permit by the Zoning Administrator and in compliance with the following: (3054-11 /90) (a) Seasonal parking lots may operate only from Memorial Day through the third weekend in September and must be located within one thousand (1 ,000) yards of the mean high tide line of the Pacific Oceap. (3054-11 /90) (b) Temporary and seasonal commercial parking lots may be permitted for a maximum of five (5) years. (3054-11 /90) 9605.1 Parking lot standards. The design and layout of seasonal and temporary parking lots shall comply with this article, Fire Department ,-� requirements, and the following standards: (3054-11 /90) 12/90 9605. 1 (a)--9605.1 (h) ti (a) Paving shall be two (2) inches of asphalt over compacted native soil , or as approved by the Department of Community Development-, except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3054-11/90) (b) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half inches in diameter securely set in. the ground and placed eight (8) feet on center. The posts shall be connected with at least one (1 ) strand of one-half '(1/2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one (1 ) business day and the opening hour the following business day. (3054-11 /90) (0 Temporary parking lots shall have landscaped planters with an inside " dimension of three (3) feet along street side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood) , or asphalt or concrete curbs, or any other design that will provide adequate protection, approved by Zoning Administrator. All landscaped areas shall be equipped with an underground, electrically automated sprinkler systems. All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications. (3054-11 /90) Seasonal parking lots are exempt from landscaping requirements. (3054-11 /90) (d) Directional and informational signs shall be displayed on-site to identify the entrance(s) , fees, and hours of operation. Such signs shall be located at the entrance entering the parking lot and shall not exceed °twelve`(12) square feet and shall be six (6) feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. (3054-11/90) (e) Automatic entry devices or fee collection points shall be set back a minimum of twenty' (20) feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Zoning 'Administrator. (3054-11 /90) (f) An attendant shall be on duty at all times during business hours of seasonal parking lots. (3054-11 /90) (g) An approved fire extinguisher shall be provided on the premises during business hours. (3054-11/90) (h) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3054-11 /90) 12/90 ` -' 9605.1 (i )--9606.2 (i ) For seasonal parking lots, a certificate of insurance for combined single ' limit bodily injury and/or property damage including products liability in the amount of $1 ,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (3054-11 /90) 9605.2 Certificate to operate. Subsequent to approval of an application for any seasonal or temporary parking lot by the Zoning Administrator, the applicant shall meet all standards, requirements, and install all improvements. The parking lot shall be then inspected and approved by the Department of Community Development prior to,issuance of a Certificate to Operate. (3054-11 /90) 9605.3 Failure to comply. The Zoning Administrator may revoke a Use Permit when the applicant fails to comply substantially with any of the conditions of approval or applicable provisions of the City codes. (3054-11/90) 9606 Parking requirement alternatives. (3054-11 /90) 9606.1 Joint and mixed uses. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3054-11/90) The Planning Commission may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: (3054-11/90) (a) The maximum distance between the building or use and the nearest point of the parking spaces/facility shall be 250 feet. (3054-11/90) (b) There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel . (c) Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3054-11/90) 9606.2 In lieu fees within the Downtown Specific Plan Area. Parking requirements for nonconforming uses or structures, new uses, or expansions may be met by payment of an "in lieu" fee for providing parking in a parking facility. Said fee may be paid in two (2) installments. The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. The second installment in an C-71 amount established by City Council Resolution for each parking space shall be paid at the time City and/or a parking authority or District constructs a 12/90 9606.2--9607 parking structure in the Downtown Area. A surety bond in a sum equal to the second installment shall be filed with the City,at the time the first installment is paid. (3054-11 /90) 9606.3 Special permit. A Special Permit subject to approval by the Planning Commission or Zoning Administrator through the entitlement process may be granted to deviate from any of the design standards for parking structures. A special permit may be granted to use compact parking to satisfy a portion of the required parking. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full size spaces. Compact spaces shall be marked compact on the foot of the stall . The number permitted shall be subject to the following standards: (3054-11/90) (a) Non-residential developments with a minimum of twenty (20) spaces shall be permitted to have twenty (20) percent of the total spaces as compact parking. (3054-11 /90) (b) Residential developments with a minimum of fifty (50) units may have twenty (20) percent of the non-guest parking spaces as compact provi'ded that an equitable system of assignment and distribution has been established. (3054-11/90) The following findings shall be made where applicable when granting a special permit: (3054-11 /90) (a)' A traffic study prepared by a registered traffic engineer has been' submitted which document the impacts of the request. (3054-11 /90) (b) The special -permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. (3054-11 /90) (c) The special permit will result in a more effective and efficient circulation pattern and parking layout. (3054-11/90) (d) The special permit will enhance the general appearance of the development and its surroundings. (3054-11/90) (e) The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. (3054-11/90) 9607 Screening and landscaping. The provisions of this section shall apply to all projects unless exempt by approval of the Director or specified elsewhere in the Ordinance Code. All landscaping plans and irrigation plans shall be prepared by a California State Licensed Landscape Architect except plans for residential projects with four (4) units or less may be prepared by the developer or a California Licensed Landscape Contractor and shall be subject to the approval of the Departments of Community Development and Public Works. Planting shall be harmonious with the architectural design and site location. All landscaping shall be maintained in a neat, clean, and healthy condition. Maintenance shall include proper pruning, mowing, disease and rodent control , weeding, litter removal , fertilizing, watering, and plant 0 12/90 9607--9607.6 replacement as necessary. Water conservation measures and drought-tolerant plant material should be included in all landscape and irrigation plans whenever possible. (3054-11 /90) 9607.1 General provisions. A minimum of eight M) percent'of the total net site area shall be landscaped. For traffic visibility purposes , the maximum height of shrubbery shall be thirty-two (32) inches within any parking area. Turf shall not be installed on grade differential greater than 3: 1 . Trees planted within planters less than ten (10) feet in width or within five (5) feet from a structure or pavement shall be provided with a twenty-four (24) inch deep plastic minimum .060 inch thick polystyrene or polyethylene root barrier manufactured specifically for that purpose. (3054-11 /90) 9607.2 Interior landscaping. One (1 ) minimum twenty-four (24) inch box tree for every ten (10) parking spaces shall be located throughout the parking area. (3054-11 /90) 9607.3 Front and exterior side yards. A ten (10) foot wide landscaped berm (inside dimension) shall be provided along any streetside property line except at driveway openings . Berming shall be a minimum of twenty (20) inches in height (Diagram C) . Where grade differential would not permit mounding, alternatives shown in Diagram G may be used. Any planter or screen walls shall be placed behind the landscape area and shall set back five (5) feet from the edge of any alley or driveway. (3054-11 /90) One (1 ) minimum thirty-six (36) inch box tree shall be provided for every forty-five (45) linear feet (or fraction thereof) of streetside property line; placement may be clustered. Seventy-five (75%) percent of all shrubs , except those used for ground cover, shall be a minimum five (5) gallon size. Ground cover areas shall be planted with well-rooted cuttings or container stock. Turf areas shall be planted with field-grown established drought-tolerant sod. (3054-11 /90) Specimen palm tree may be substituted at a ration of one-half (1 /2) foot brown trunk height for one (1 ) inch of box tree inch required. (3054-11 /90) 9607.4 Planter walk areas. Planter areas adjacent to parking spaces shall be provided with a twelve (12) inch wide by four (4) inch thick "step off" area back of curb for the entire length of planter (Diagram E) or provide four (4) feet square of five (5) feet diameter circular planter surrounded by textured and/or colored concrete (Diagram F) . (3054-11 /90) 9607.5 Irrigation. All landscape areas shall be provided with a permanent underground, electrically automated irrigation systems , designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray onto or cause water, mud or debris to flow across a public sidewalk. A drip irrigation system shall be used where feasible. Pop-up sprinkler heads shall be required directly adjacent to all pedestrian or vehicular surfaces and located in areas that avoid vehicle overhang. (3054-11 /90) t 9607.6 Curbing. All landscaping shall be protected from vehicular and pedestrian damage by a six (6) inch high, four (4) inch wide curb of Portland cement concrete. Additional protection shall be provided by one (1 ) of the following methods: (3054-11 /90) 12/90 9607.6(a)--9607.7 (a) An additional to and one-half (2.5) feet of landscaping consisting of low p 9 g � shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required percentage of landscaping. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from nineteen (19) feet to sixteen and one-half (16.5) feet. (3054-11 /90) (b) Other alternatives acceptable to the Director. (3054-11 /90) 9607.7 Landscaping requirement exception. Existing developments approved prior to June 7, 1983, shall , at the time of ,expansion and/or exterior modification, provide six (6%) per cent of the total net site area in landscaping with a minimum six (6) foot wide landscape planter (inside dimension) along any streetside property line. (Diagram C) . (3054-11 /90) Existing developments located adjacent to a landscape and scenic corridor as depicted in the general plan, shall at the time of expansion and/or exterior modification provide a ten (10) foot wide planter with six (6%) percent of the site landscaped. When the existing use includes outdoor sales or display and requires an additional three (3) foot wide landscape planter pursuant to this code, no exception shall be granted in the required six (6%) percent or ten (10) foot wide (plus three (3) feet) landscape planter. (2828-8/86, 3054-11 /90) (Diagrams A. B. C. D. E. F. G) (3054-11 /90) 12/90 ,I r a a 30 0 , 4504& 60 0 PARALLEL PARKING z PARKING r 24" EXTERIOR 79, DIMENSION 4 Q 18" INTERIOR DIMENSION N" rT I ' i I I 900 PARKING I 24" EXTERIOR DIMENSION I 3" STRIP 1 8" INTERIOR DIMENSION 24' 24' I I x I I 9, 4' 19' DIAGRAM B Commercial Center Main Entrance x For Parking Lots with Over 200 Spaces (Public Works Standard DIAGRAM A Striping Requirements Driveway Plan No.211A & B) PROPERTY MIN. LANDSCAPEAREA 10' INSIDE CURB LINE FACE CURB 20" MIN. HT. SIDEWALK GRADE BUMPER ae PARKING LOT GRADE REQUIRED DIAGRAM C Required Landscape Planter and Berming PROPERTY LANDSCAPE AREA 6' MI INSIDE WALL LINE _ FACE 32" MIN. HT. ,-20" MIN. HT. BUMPER r I SIDEWALK GRADE I PARKING LOT GRADE APPROVED MASONRY WALE EXCEPTION FOR EXISITI� G DEVELOPMENTS f .. SEE DIAGRAM 'A' FOR STRIPING DIMENSIONS. I I I 2.5' _ I WHEEL STOP I 2, I turn- _ around 3, 3' space maneuvering —� area 1 2" step off area .12"step off area DIAGRAM D I . 1 2"step off area DIAGRAM E 0000Oo00 5 ft. dia. 00 0 0 0 0 00000 0000 4 ft. sq. 0000 000 000 000 00000 00 o0 0 o0 00 O 00 00000 0000 r o000 1 000 00 00 DIAGRAM F L � 9 J shrub height 32"max. sidewalk ground cover/ 2' - 6" overhang allowance � � turf ground cover . a •� . l curb parking shrub height 32"max. 2' - 6" overhang allowance ground cover curb l parking ground cover/turf sidewalk NOTE. Turf shall.not be installed on slopes steeper than 3:1 DIAGRAM G r rf CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 6/19/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5.16 Chapter 5.16 Chapter 5.40 Chapter 5.40 Chapter 10.40 Chapter 10.40 Chapter 17.48 Chapter 17.48 r Chapter 5.16 �. RATES (327-4/29, 766-7/60, 838-6/61 , 904-6/62, 1461-2/69, 1604-10/70, 1605-10/70, 1652-9/71 , 2022-1/76, 2594-2/83, 2784-9/85, 2965-10/88, 3100-5/91 ) 5ections: 5.16.010 Rates per employees 5.16.020 Rates per employees--Minimum license 5.16.030 Application for reclassification--Action 5.16.040 License .classifications designated 5.16.050 Flat rate payment code letters 5.16.060 Advertising . 5.16.070 Amusement activities 5.16.080 Auctioneer 5.16.090 Bankrupt sale 5.16.100 Bath 5.16.110 Circus 5.16. 120 Contractors 5.16.130 Dancing teacher 5.16. 140 House moving 5.16.150 Repealed, Ordinance No. 2022, 1 Jan 76 5.16.160 Junk collector 5. 16.170 Junk dealer and auto wrecking 5.16.180 Music or fine arts teacher 5.16.190 Office building 5.16.200 Oil business--Nonproduction 5.16.210 Outdoor theaters 5.16.220 Pawnbroker 5.16.230 Peddler 5.16.240 Public dance hall , public dance and dinner dancing place 5.16.250 Public utilities 5.16.260 Rooming house, apartment house, motel , bungalow or auto court 5.16.270 Skating rink 5.16.280 Small stands and businesses--Temporary and permanent 5.16.290 Solicitor or canvasser - 5.16.300 Soliciting on streets for hotels or dining rooms 5. 16.310 Stockyard auction 5.16.320 Trailer parks 5.16.330 Transportation, trucking and hauling--Established place of business 5.16.340 Transportation, trucking or hauling--No business location 5.16.350 Transportation, trucking or hauling--Exceptions from fee 5. 16.360 Transportation, trucking or hauling--Dump and tank trucks 5. 16.370 Truck rental or leasing 5.16.380 Passenger vehicle rental or leasing 5. 16.390 Trailer rentals 5.16.400 Transportation--Water 5.16.410 Vending, bulk-vending and amusement machines 5.16.420 Water companies 5.16.430 Repealed, Ordinance No. 2022, 7 Jan 76 5191 r 5. 16.010--5. 16.040 5 16 010 Rates per employees. The following rates shall apply to business licenses: First three employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 Next nine persons , per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4.00 Next forty persons , per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00 All other employees in excess of forty, per employee. . . . . . . . . . . . . . $2.00 (766-7/60, 904-6/62, 1605-10/70, 2022-1/76, 2965-10/88, 3100-5/91 ) 5.16.020 Rates per employees--Minimum license. The minimum license in •each classification shall be $65.00 per year. In any case where a licensee or an applicant for a license believes that this individual business is not assigned to a proper classification under this chapter because of circumstances peculiar to it, he may apply to the Finance 'Director for reclassification. Such application shall contain such information as the Finance Director may deem necessary and require in order to determine whether applicant' s individual business is properly classified. The Finance Director shall then conduct an investigation, following which he shall assign the applicant' s individual business to the classification shown to be proper on the basis of such investigation. (766-7/60, 904-6/62, 1605-10/70, 2965-10/88, 3100-5/91 ) 5.16.030 Application for reclassification--Action. The Finance Director shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Huntington Beach, California, postage prepaid, addressed to the applicant at his last known address. Such applicant may, within fifteen days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council within fifteen days. The City Clerk shall give the applicant at least ten days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassification. The City Council shall consider all evidence and its findings thereon shall be final . Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. (766-7/60, 904-6/62, 1605-10/70) 5.16.040 License classifications designated. Every person described in the following classifications who engages in business within the City shall pay a license tax based upon the average number of employees at the rates hereinafter set forth: 5/91 5. 16.040(a)--5. 16.040(b) (a) Classification A. Abstractor of titles Electrologist Accountant Employment agency or bureau Accounting service Fine arts or music school Advertising agent Geologist Agricultural advisor or counselor Herbalist Appraiser Industrial relations consultant Aquarian chirothessian Insurance adjuster Architect Interior decorator Assayer Investment counselor Attorney at law Labor relations consultant Auctioneer Landscape architect Auditor Lapidary Bacteriologist Mechanical engineer Bail bond broker Mortician Barber shop Naturopath Beauty shop Oculist Business management consultant Optician Certified public accountant Optometrist Chemical engineer Oral surgeon Chemist Orchard care Child nurseries (4 children-or more) Osteopath physician Chiropodist Physician Chiropractor Physician and surgeon Civil engineer Private home for the aged Claim adjuster (4 persons or more) Construction engineer Real estate broker Consulting engineer Real estate office Dancing academy Sanitation engineer Dealers in stocks , bonds and Stocks and bonds broker other securities Surgeon Dental laboratory Surveyor Dentist Taxidermist Designer Trade or business school Detective Tree remover Detective agency Tree surgery Draftsman Tree trimming Drugless practitioner Veterinarian Electrical engineer and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor in subsections (f) , (g) , or (h) of section 5.04.010; provided that licenses for contractors not maintaining a fixed place of business in the City may, at the option of applicant for such license, be based upon the flat rate .fees prescribed in section 5.16.050. �, 5/91 5.16.040(c)--5. 16.070 (c) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares, merchandise, or produce, comes under this classification. (d) Classification D. Any person conducting, managing or carrying on a business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. (327-4/29, 766-7/60, 838-6/61 , 904-6/62, 1605-10/70) 5 16.050 Flat rate payment code letters. Every person transacting and . carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual , quarterly, monthly, weekly or daily as indicated in this section. The letter "A" following the fee shall indicate an annual' fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60, 904-6/62) 5.16.060 Advertising. The fees for advertisers shall be as follows: i (a) By distributing samples or handbills, provided that this section shall not apply to any person, employee, agent or representative of any person who already has a City license as provided elsewhere in this chapter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 A (b) By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined in Article 976 of the Huntington Beach Ordinance Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A (c) By vehicle containing amplifier, phonograph, loudspeakers , etc: for each vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A Or at the option of the licensee, for each vehicle. . . . . . . . . . . . . . . $42.50 D j If any such vehicle is used by a City licensee to advertise solely his own business and such vehicle is regularly registered and licensed by the state to such licensee, then the fee for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A Or at the option of the licensee, for each such vehicle. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 D (d) By means of stereopticon, biograph, moving pictures or similar device (not moving picture theaters) used outdoors . . . . . . . . . . . $215.00 A Or, used indoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.070 Amusement activities. License fees are imposed for amusement activities as follows : 5/91 , I 5. 16.070(a)--5.16. 110 (a) For any bowling alley, the first six lanes, a minimum fee of $327.50 per year; for each lane over six (6) $50.00 A (b) For boxing or wrestling exhibitions per exhibition . . . . . . . . . . . $50.00 (c) Carnival , tent show or open-air show or in hall or building constructed for theatrical purposes. . . . . . . . . . . . . . . . . . . . . . . . . $177.50 D In addition, for five concessions or less. . . . . . . . . . . . . . . . . . . . . $57.50 D In addition, for each concession in excess of five . . . . . . . . . . . $33.50 D (d) For each juke box, phonograph or motion picture device operated by insertion of coin, per machine . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . $22.50 A (e) The owner of the business shall be held responsible for the full amount of the license fee if the operator, exhibitor, machine owner, lessee or other person has not paid the fee when due and payable. (766-7/60, 904-6/62, 1604-10/70, 2594-2/83, 3100-5/91) 5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose permanent place of business, as filed with the California Auctioneer Commission, is located in the City of Huntington Beach, the fee shall be subject to rates per employees as detailed in section 5.16.010. (766-7/60, 904-6/62, 1604-10/70, 2784-9/85) 5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person,, the fee shall be $50.00 D. (3100-5/91 ) 5.16.100 Bath. For every person conducting, managing, or carrying on the business of giving steam baths, electric light baths , shower baths, electric tub baths, sponge baths or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommodations , the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $102.50 A (766-7/60, 904-6/62; 1604-10/70, 3100-5/91 ) 5.16.110 Circus. With seating capacity under four thousand, the fee shall be: First day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $252.50 D Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $177.50 D With seating capacity over four thousand, the fee shall be: First day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $327.50 D Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $177.50 D for every sideshow in conjunction with a circus, the fee shall be $42.50 D For every concession in conjunction with a circus, the fee shall be $35.00 D (766-7/60, 904-6/62, 1604-10/70, 3100-5/91) 5/91 ,F i • 5. 16. 120--5. 16. 180 5.16.120 Contractors. Every person engaging in business in this City as a contractor, as defined in subsections (e) , (f) , and (1 ) of section 5.04.010, who does not engage in such business from a fixed place of business within this City, and who elects to exercise the option provided for in section 5.16.040, shall pay a license fee as indicated herein: General engineering and/or general building contractor . . . . . . . . . . . $132.50 A Specialty, subcontractor, or other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91) 5.16.130 Dancing teacher. Every person engaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given, shall pay a fee of . . . . . . . . . . . . . . $57.50 A (1604-10/70, 3100-5/91 ) 5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures, shall pay a fee of . . . . . . . . . . . . . . . . . . $102.50 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.160 Junk collector. (a) For every person conducting, managing or carrying on the business of junk collector, the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $177.50 A or at the option of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 D (b) For the purpose of this section, a "junk collector" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail , rags, bottles, papers, cans, metal or other articles of junk. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91) 5.16.170 Junk dealer and auto wrecking. (a) For every person conducting, managing or carrying on the business of junk dealer or auto wrecker, the fee shall be $177.50 A (b) For -the purpose of this section an "auto wrecker" means and includes any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. (766-7/60, 904-6/621" 1604-10/70, 3100-5/91 ) 5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place of business where such teaching is carried on, shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . $65.00 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5/91 5. 16. 190--5. 16.230 5.16.190 Office building. For every person conducting, managing or carrying on the business of operating an office building, for each office therein the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $27.50 A and for each unit/office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6.00 (1604-10/70, 3100-5/91 ) 5.16.200 Oil business—Nonproduction. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the City, the business or activity of oil well , injection well , or water-source-well drilling or servicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or any petroleum products, or byproducts„ or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance with section 5.16.010. Nothing in this section shall be deemed to apply or relate to actual oil or gas production .operations. (1652-9/71) 5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited the license fee shall be: Number of Stalls Fee per Year First500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $327.50 All over 500 (per stall ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45¢ A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.220 Pawnbroker. For the purpose of this section the term "pawnbroker" shall include every person conducting, managing or carrying on the business of lending money either for himself or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the lending of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States. The license fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $477.50 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.230 Peddler. Peddlers of flags , banners, balloons, cones, horns, kites, noise-making instruments, toys , notions, souvenirs or similar goods or novelties of any description other than from a stand, tent, wagon or other vehicle shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00 D orby vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $87.50 A Peddlers of any article or commodity not mentioned in this section, including j every person, firm or corporation conducting the business of selling and delivering any goods for human consumption directly to the consumer thereof, by means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place, within this City shall pay a fee of $15..00 D or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $87.50 A 5/91 5.16.230--5.16.280 Provided, however, that issuance of a license to any person-, firm or �1 corporation under this section shall not be construed to permit violation by such person, firm or corporation of Chapter 9.64. The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an additional like fee shall be paid for each additional such person or vehicle so engaged. Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.12.050 and 5. 12.060. (1604-10/70, 904-6/62, 838-6/61 , 766-7/60, 3100-5/91 ) 5.16.240 Public dance hall . public dance and dinner dancing place. Every person conducting, managing or operating a public dance hall or dinner place shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $327.50 A Every person conducting, managing or operating a public dance shall pay a fee of (per dance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: (a) "Public. dance hall " means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. (b) "Public dance" means a dance open to the public for an admittance fee or �l charge, which is held on one day only. (c) "Dinner dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91) 5.16.250 Public utilities. Any public utility operating in the City under a franchise or franchises from the City, or applicable therein; and which makes franchise payments thereunder is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the City. (766-7/60, 904-6/62, 1604-10/70) 5.16.260 Rooming house, apartment house, motel , bungalow or auto court. For every person conducting, managing, or carrying on the business of operating an apartment house, rooming house, motel , bungalow court or auto court consisting of three or more rental units, the fee shall be $27.50 A and $6.00 per unit. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park, the license fee shall be $177.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.280 Small stands and businesses--Temporary and permanent. Every person, not having .a regularly established place of business in this City, who sells or offers for sale goods or articles of any description in his CD possession, or services, at, on or from a stand upon any public street, •alley 5/91 5. 16.280--5. 16.330 .-� or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall pay a fee of $65.00; or, at the option of the licensee, $15.00 D. (766-7/60, 1604-10/70, 3100-5/91 ) 5.16.290 Solicitor or canvasser. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged, the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $42.50 D Prior to the issuance of any license under this section, each applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.,12.050 .and 5. 12.060. This section shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in the City as provided elsewhere by this title, or who takes orders only from businesses licensed under this title. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel , inn, rooming- house, lodging house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation, the fee shall be $102.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.310 Stockyard auction. For every person conducting, managing or carrying on any stockyard, sales, stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction, the license fee shall be $177.50 A. (1604-10/70, 3100-5/91 ) 5.16.320 Trailer parks. For every person conducting, managing or carrying on the business of trailer park or mobilehome park the license fee shall be $102.50 annually for the first twenty-five (25) trailer spaces and $6.00 for each additional trailer space. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.330 Transportation, trucking and hauling--Established place of business. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods, wares, merchandise, products of any nature, raw materials, pipe or castings, tanks or machinery or tools of . any description, when said person has an established place of business within- the City, shall pay an annual license fee in accordance with the following schedule for each and every motor vehicle so used or operated in excess of one vehicle: for vehicles with a manufacturer' s rated capacity of under one ton $10.50 A for vehicles with a manufacturer' s rated capacity of under three tons , but C-71 one ton or over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 A for vehicles with a manufacturer' s .capacity of three tons or over $40.00 A (766-7/60, 838-6/61 , 904-6/62, 1604-Oct 70, 3100-5/91 ) 5/91 5.16.340--5. 16.317(a)- 5.16 340 Transportation trucking or hauling--No business location. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business , and who uses the public streets or highways of this City for the purpose of such use or operation for the delivery or transportation of any goods , wares , merchandise, products of any nature, raw materials, waste materials , pipe or casting, tanks, machinery or tools of any description or in connection with rendering services for fees, when said person does not have an established place of business within this City, shall pay an annual license fee of $45 for each and every vehicle so used or operated other than those vehicles described in sections 5. 16.340 and 5.16.350. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 5.16.350 Transportation, trucking or hauling--Exceptions from fee. No' fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this City if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this City upon an average of more than thirteen in any quarter of the year. More than thirteen such trips or hauls within any quarter shall be deemed doing business within this City. A business shall be deemed conducted within this City if an office or agency is maintained here or if transportation business is solicited here. (766-7/60, 838-6/61 , 904-6/62, 1604-10770) 5.16.360 Transportation, trucking or hauling--Dump and tank trucks. Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation, hauling or delivery or removal of crude oil , petroleum products or petroleum byproducts in any form, rotary mud, sand, ' dirt fill , asphalt, water, machinery of any description, or any other articles or commodity not otherwise classified in sections 5. 16.330- and 5. 16.340, who uses the public streets or highways of this City for the purpose of such use or operation, who is not required to pay the license or fees as set forth in sections 5. 16.330 and 5.16.340, shall pay an annual license fee based upon each motor vehicle so used or operated of $27.50 for each vehicle with single rear axle $42.50 A for each vehicle with dual rear axle $42.50 A (b) Tank Truck or Tank Wagon. (semi-tractor and front trailer as one tank truck or tank wagon) . for each tank truck or tank wagon . . . . . . . . . . . . . . . . . . . . . . . . . $87.50 A for each additional tank truck, wagon or trailer . . . . . . . . . . $20.00 A (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.370 Truck rental or leasing. (a) Every person conducting, managing or carrying on the business of renting or leasing the use of any truck or motor-propelled vehicle for the transportation of materials, commodities or products , or the transportation of any other object, to be driven by the person or employees or other representative of the person hiring the same at rates 5/91 5. 16.370(a)--5. 16.400 per mile, per trip, per hour. per day; per week, per month, per year or any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $65.00 plus $20.00 for each truck or vehicle over one used in the business . (b) In the case of persons operating trucks or vehicles in this City, within the meaning of sections 5. 16.330 through 5.16.350, when such truck or vehicle has been rented from a truck rental business or agency, the person having rented or hired such truck or vehicle shall pay the license fee prescribed in sections 5. 16.330 through 5.16.350, whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or' leased over one used in the business. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.380 Passenger vehicle rental or leasing. Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the person or employee or other representative of the person hiring, renting or- leasing the same at rates per mile, per trip, per hour, per month, per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual' license fee of $65 plus $10.00 for each vehicle over one used in the business. Provided that where a person conducts, manages or carries on the rental or leasing of both trucks and passenger vehicles as one and the same business, from the same place of business , the payment of only one annual license fee of $65 will be required in addition to the prescribed fees for each vehicle over one used in the business . (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of $27.50 plus $2.00 per wheel for all trailers used in the business. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5.16.400 Transportation--Water. Every person engaged in the business , in whole or in part, of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods, wares , merchandise, products of any nature, raw materials, waste materials , pipe or castings, tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: for the first vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 A for each and every vessel so used or operated in excess of one vessel : less than sixteen feet in length . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 A Sixteen feet or over but less than twenty-six feet in length $42.50 A Twenty-six feet or over but less than forty feet in length $50.00 A Forty feet or over in length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $57.50 A (904-6/62, 1604-10/70, 3100-5/91 ) ' 5/91 5.16.410--5. 16.420 5.16.410 Vending. bulk—vending and amusement machines. \ (a) Every person owning, conducting, transacting, managing, -operating or carrying on the business of providing, furnishing, letting the use of, distributing or maintaining any vending machine, bulk—vending machine and/or amusement machine, as defined in this title, and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: (1) Vending Machines: Service machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 A for each machine charging 1¢ to and including 4¢ . . . . . . . . . . . . . . . . . $2.00 A for each machine charging 5¢ to and including 9¢ . . . . . . . . . . . . . . . . . $6.00 A for each machine charging 100 and over . . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 A for each cigarette vending machine $25.00 A Stamp—vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof. (2) Bulk—vending Machines: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 A i for each machine charging 1-0 to and including 4¢ $2.00 A for .each machine charging 5¢ to and including 9¢ . . . . . . . . . . . . . . . . . $4.00 A for each machine charging 100 or over . . . . . . . . . . . . . $6.00 A (3) Amusement Machines: for each pinball machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A for each pool /billiard machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A for all other amusement machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 A (b) In the event any license fee provided by this section on any vending or bulk—vending machine is not paid when due and payable, the owner of the business on whose business premises such vending or bulk—vending machine is located, shall be jointly and severally liable to pay the full amount of such license fee. (c) A person having a business license in connection with a fixed place of business in this City is not exempt from payment of license fees otherwise imposed by this chapter. (d) A minimum annual license fee of $327.50 shall be paid by each game arcade, amusement center room, business or parlor containing an aggregate of four or more pool tables, billiard tables, pinball machines, electronic video screen game machines, and/or other amusement devices. The fees levied under this section shall be credited toward such minimum. I - (2594-2/83, 1461-2/69, 904-6/62, 838-6/61 , 766-7/60, 3100-5/91 ) 5.16.420 Water companies. An annual fee of $27.50 and 750 per customer for the maximum number of customers at one time during the preceding calendar year. (76677/60, 904-6/62, 1604-10/70, 3100-5/91 ) 5/91 a 5.40.010--5.40.040 Chapter 5.40 COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS (3047-8/90, 3094-4/91 ) Sections: 5.40.010 Intent and .Purpose 5.40.020 Definition 5.40.030 Permit Required 5.40.040 Transfer of Permit 5.40.050 Permit Application and Procedure 5.40.060 Issuance or Denial 5.40.070 Appeal of the Action by the Director of Public Works 5.40.080 Appeals to the City Council 5.40.090 Permit Term 5.40.100 Revocation of Permit 5.40.110 Display of Permit 5.40.120 Inspection and Permit Fee 5.40.130 Insurance 5.40..140 Permittee' Liability 5.40.150 Acceptance of Permit by the Applicant 5.40.160 Changes in Permit 5.40.170 Violation -- Penalty . 5.40.010 Intent and Purpose. It is the intent and purpose of this Chapter to establish general operating procedures and standards for trash drop off boxes and trash bins operating within the incorporated area of this city, to provide a fair and impartial means of allowing responsible private operators to provide such service in the -public interest. (3047-8/90) 5.40.020 Definitions. For the purpose of this chapter, the following terms are defined: (a) "Director of Public Works." means the Director of Public Works of the City of Huntington Beach. (3047-8/90) (b) "Permittee" means a refuse collector who has been granted a permit by the City of Huntington Beach. (3047-8/90) (c) "Trash Bin" means a container used for the purpose of depositing trash for later collection, or items to be recycled. (3047-8/90) (d) "Dump off box, drop off box,, or D.O.B.", means a container used for the purpose of depositing trash for later collection or items to be recycled. (3047-8/90) 5.40.030 Permit Required. It shall be unlawful , except the City or its authorized representative, for any person- to collect trash from trash bins or trash drop off boxes, or to act in such a capacity either directly or indirectly .without .possession of a permit. (3047-8/90) 5.40.040 Transfer of Permit. No license issued pursuant to this chapter can be transferred by operation of law or otherwise. The following shall be considered transfers for purposes of this section: 4/91 k J 5.40.40(a)--5.40.070 (a) Any change in the business structure of a licensee, including, but not limited to, changes from or to: (1 ) A sole proprietorship; (2) A partnership, including any change in the partners; and (3) A corporation, including any change in the shareholders, whether by operation of law or otherwise. (3047-8/90) (b) Bankruptcy, an assignment for the benefit of creditors, or ,the appointment of a receiver. (3047-8/90) (c) A sale or transfer of over ten (10%) percent of the assets of a licensee. (3047-8/90) 5.40.050 Permit Application and Procedure. (a) General . Application for trash bin or D.O.B. permits may be obtained. at the Office of the Director of Public Works. Permit application forms and processing procedures shall be established by the Director of Public Works. (3047-8/90) (b) Plans. The Director of Public Works may require such details as deemed necessary to determine the exact location, nature, dimensions, duration and purpose of the desired permit. (3047-8/90) 5.40.060 Issuance or Denial . (a) Approval . Upon finding the requested permit conforms to the provision of this Chapter, other applicable provisions of the Huntington Beach Municipal Code, and State and Federal law, the Director of Public Works, or his authorized agent, shall issue the permit. (3047-8/90) (b) Denial . If the Director of Public Works finds that the requested permit I is in conflict with any provision of this Chapter or any other applicable provision of law or the Huntington Beach Municipal Code, the Director of Public Works, or his authorized agent, shall deny the permit. (3047-8/90) ' (c) Time Limit. The Director of Public Works shall approve or deny the permit within three (3) working days of receipt of the written application for the permit. (3047-8/90, 3094-4/91 ) 5.40.070 Appeal of the Action by the Director of Public Works. If any applicant is dissatisfied with decisions of the Director of Public Works, they may appeal such decision to the City Administrator. The appeal shall be in writing to the City Administrator and shall set forth the basis of the appeal . The City Administrator, or his :designee,. shall hold the hearing on the appeal within thirty (30) days of receipt of the written appeal . The City Administrator, or his designee shall render a written decision within thirty (30) days after the close of the hearing on the appeal . (3047-8/90, 3094-4/91) 4/91 5.40.080--5.40.120(a) 5.40.080 Appeals to the City Council . (a) Any person dissatisfied with any decision of the City Administrator may file, within fifteen (15) days after such decision is announced at the conclusion of a hearing, otherwise within fifteen (15) days after mailing the .applicant or permittee a written notice of the decision by registered or certified mail , a written Notice of Appeal to the City Council . (3047-8/90, 3094-4/91 ) (b) Within fifteen (15) days of receipt of a Notice of Appeal to the City Council , the City Administrator, or his designee shall give not less than ten (10) days' written notice of the date, time, and place of such hearing on appeal to the appellant, or permittee. The City Council , at a hearing on appeal , shall consider only the transcript of proceedings before the City Administrator, or his designee, together with any exhibits received in evidence during such proceedings; provided, however, that on . application of any party, the City Council may, in its discretion, permit the introduction of additional evidence. In either case, the City Council may hear and consider additional argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. (3047-8/90, 3094-4/91 ) 5.40.090 Permit Term. The term of the permit shall be as set forth in the approved permit. A permit may be granted by the Director of Public Works for a period not to exceed six (6) months from the date of issuance. The Director of Public Works may terminate a continuing permit by posting a notice on the trash bin or D.O.B. one (1 ) day, twenty-four (24) hours prior to the date of termination. The permit term may be renewed or extended at the discretion of the Director of Public Works. (3047-8/90) 5.40.100 Revocation of Permit. A permit may be revoked at any time at the option of the Director of Public Works whenever the permittee fails to comply with or violates this City ordinance, City standards, safety regulations, or any condition of the issuance of the permit. Upon revocation of the 'permit, the permittee shall immediately remove the trash bin or D.O.B. If the trash bin or D.O.B. is not removed within twenty-four (24) hours after notice is posted, the city or its authorized representative, may remove and impound the trash bin or D.O.B. Any and all costs incurred by the City for enforcement of this Section shall be at the expense of the permittee or violator. Costs incurred by the City will be deducted from any deposits posted by the permittee and, if necessary, recovered by legal action. (3047-8/90) 5.40.110 Display of Permit. The permittee shall post in a conspicuous place upon the trash bin or D.O.B. any permit issued pursuant to this chapter. (3047-8/90) 5.40.120 Inspection and Permit Fee. (a) Inspection and permit fee. The amount of the inspection and permit fee shall be the actual cost of such inspection and permit by the City as determined by the Director of Public Works, but not to exceed fifty dollars ($50.00). (3047-8/90, 3094-4/91) 4/91 J 5.40.130--5.40.170(c) 5.40.130 Insurance. Insurance Permittee shall maintain liability and workers' compensation insurance in an amount and form as required by the latest resolution of the City Council for permit applications. (3047-8/90) 5.40.140 Permittee Liability. Permittee shall agree to hold the City, its officers, and employees harmless from any and all liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee' s installation, operation, maintenance or removal of the trash bin or drop off box. (3047-8/90) 5.40.150 Acceptance of Permit by the Applicant. Acceptance by the applicant of the permit shall be conclusive evidence of the reasonableness of ' the terms imposed and shall constitute a waiver of any right to legislative determination thereof. (3047-8/90) t 5.40.160 Changes in Permit. No changes may be made in the location, dimension, character, or duration of the use as granted by the permit, except upon written authorization of the Director of Public Works. (3047-8/90) 5.40.170 Violation -- Penalty. (a) Any person who violates any provision of this chapter shall be guilty of a MISDEMEANOR, and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months, or by both. Each day of the existence of any continuing violation shall constitute a separate offense. (3047-8/90) (b) If the Director of Public Works determines that a business or corporation is in violation of any provision of this chapter, he may suspend the business license of the violator for a period not to exceed one (1 ) year. (3094-4/91 ) (c) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (3094-4/91 ) 4/91 a $Z .- S" 10.40. 010 Chapter 10.40 GENERAL PARKING REGULATIONS Sections: 10.40.010 Applicability. 10.40.020 More restrictive provisions apply. 10.40. 030 Stopping or standing, in parkways prohibited. 10.40.040 Zones and areas maintained. 10.40.050 No parking areas. 10.40.060 Storing vehicles in street prohibited. 10.40.070 Repealed Ordinance No. 2692, 4 July 1984. 10.40.�080 Repairing or greasing in street. 10.40.090 Washing or polishing vehicles for charge. 10.40.100 Parking--Adjacent to schools. 10.40. 110 Parking--Prohibited on narrow streets. 10.40.115 Fire lanes, access ways and roadways--Parking prohibited. 10.40.120 Parking--Highway grade. 10.40. 125 Parking of vehicles for sale—Prohibited. 10.40. 130 Parking--Peddlers and vendors. 10.40. 140 Food-vending vehicles--Permit required. 10.40. 150 Vehicles used for property transportation. 10.40. 160 Permit--Compliance--Revocation. 10.40.170 Emergency parking signs . 10.40. 180 Disabled commercial vehicle--Warning signals. 10.40.190 One-way streets"-Parallel parking. 10.40. 200 Diagonal parking. 10.40. 210 Angle parking--Minimum road width. 10.40. 220 Angle parking--One side of street. 10.40. 230 Parking space markings. 10.40. 240 No stopping zones . 10.40. 250 Painting of curbs . 10. 40. 260 General parking regulations--Enforcement . 10.40.270 Parking areas on private property--Maintenance-- Parking prohibited. 10.40.275 Vacant real property--Posting. 10.40. 280 Violation--Penalty. 10.40. 010 Applicability. The provisions of this title regulating the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police 298 a 10.40. 0207-10.40. 050 officer or official traffic control device. (Ord. 1155, 18 Aug 65) 10.40. 020 More restrictive provisions apply. The provi- sions of t is title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehucke Code or the ordinance of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times . (Ord. 1155, 18 Aug 65) 10.40. 030 Stopping or standing in parkways prohibited. No person shall stop, stand or park a vehicle within any parkway. (Ord. 1155, ' 18 Aug 65) 10.40.040 Zones and areas maintained. (a) The director of public works is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this title. (b) When said curb markings or signs are in place, no op- erator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this chapter . (Ord. 1051, 20 May 64; Ord. 692A, 9/58; Ord. 322, 1/29; Ord. 255, 2/23) 10.40.050 No parking areas. No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid con- flict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic signal : (a) On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street, when- such area is in- dicated by appropriate signs or by red paint upon the curb sur- face; (b) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings; (c) In any area where the director of public works or di- rector of building and community development determines that the -parking or. stopping of a vehicle would constitute a traffic hazard or would endanger life or property when such area is indicated .by appropriate signs or by red paint upon the curb 299 1 10.40. 050 surface; (d) In any area established by resolution of the council as a no parking area, when such area is indicated by appropri- ate signs or by red paint upon the curb surface; (e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car trav- eling upon such track; (f) In any area where the parking or stopping of any ve- hicle would constitute a traffic hazard or would endanger life or property; (g) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the instal- lation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no parking; (h) At any place within twenty ( 20) feet of a point on the curb immediately opposite the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface; ( i ) At the place within twenty ( 20) feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop; ( j ) Within twenty (20) feet of the approach of any traffic signal, stop sign or official electric flashing device, when such place is indicated by appropriate signs or by red paint upon the curb surface; . (k) In any area where the director of public works or the director of building and community development or any person in lawful possession of an off-street parking area has designated stalls or spaces in an off-street parking facility for the ex- clusive use of physically-handicapped persons whose vehicles 300 I I I f i 10.40.060--10.40. 110 display either one of the distinguishing license plates issued to disabled persons pursuant to section 22511 . 5 of the California Vehicle Code and where such space is clearly marked by the painting * of a blue curb or by posting immediately adja- cent to, and visible from, each stall or space, a sign con- sisting of a profile view of a wheelchair with occupant in white on a blue background or by both such blue curb and sign. (Ord. 2044, .5 May 76; Ord. 1155, 8/65; Ord. 1051, 5/64; Ord. 692A, 9/58; Ord. 505, 2/47; Ord. 322, 1/29; Ord. 255, 2/23) 10.40. 060 Storing vehicles in' street prohibited. No per- son who owns or has possession, custody or control of any ve- hicle shall park, store, stand or leave standing any vehicle upon any street or alley for more than a consecutive period of seventy-two (72 ) hours . (Ord. 2177, 13 Apr 77; Ord. 1155, 8/65; Ord. 1121, 3/65; Ord. 632, 11/55) 10.40. 080 Repairing or greasing in street . No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled, any vehicle or any part thereof upon any pub- lic street in this city. Temporary emergency repairs may be made upon a public street . (Ord. 1155, 18 Aug 65; Ord. 1070, 8/64; Ord. . 1047, 5/64) 10.40.090 Washing or polishing vehicles for charge . No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street in this city, when a charge is made for such service. (Ord. 1155, 18 Aug 65 ) 10.40. 100 Parking--Adjacent to schools (a) The director of public works is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (b) When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. (Ord. 1155, 18 Aug 65 ) 10.40. 110 Parking--Prohibited on narrow streets . (a) The director of public works is authorized to place .signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one f 301 i 10.40.115--10.40. 125 side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet. (b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Ord. 1155, 18 Aug 65) 10.40. 115 Fire lanes, access ways and roadways--Parking prohibited. No person shall park any vehicle or place any ob- ject in any fire lane, clearly designated as such by appropri- ate signs or by red paint upon the curb surface, or park or place any object, obstruction or vehicle in, on or across an established or designated exit, driveway, alleyway, or access road, whether public or private, in such manner as to hamper the movement of any emergency vehicles and equipment in the event of fire or other emergency. This prohibition applies to, but is not limited to, areas in and about any church, hospital, assembly hall, lodge hall, school, hotel, motel, condominium, apartment building, theater, industrial complex, motion picture theater, stadium, shopping center, restaurant, tent, or other place of public assembly, whether open or closed. Any vehicle parked or any object placed in a fire lane or any of the aforementioned areas shall be subject to immediate removal and storage, pursuant to law. (Ord. 2520, 2 Dec 81 ) 10.40.120 Parking--Highway grade. No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding 3 percent without blocking the wheels of the vehicle by turning them against the curb or by other means . (Ord. 1155, 18 Aug 65 ) 10.40.125 Parking of vehicles for sale--Prohibited. a No person shall park a vehicle upon a public or pri- vate street, parking lot or any public or private property for the purpose of displaying such vehicle thereon for sale, hire or rental, unless the property is duly licensed and zoned by the city to transact that type of business at that location. (b) Subsection (a) of this section shall not prohibit per- sons from parking vehicles on private residential property, belonging to the owner of the vehicle, nor on the public street immediately adjacent to said private residential property. (c) Subsection (a) of this section shall not prohibit per- sons from parking vehicles on private property, other than 302 a 10.40. 130--10. 40. 160 their .own, when they have obtained written permission from the property owner to do so. Said written permission must bear the date permission was granted, must include the name, address and telephone number of the property owner, and must be displayed in or upon the vehicle in such a manner that it is easily read- able from outside the vehicle. (d) The planning director, or his designee, is authorized to enforce provisions of this section pursuant to section 836. 5 of the California Penal Code. (Ord. 2294, 17 Aug 78) s4 10.40. 130 Parking--Peddlers and vendors . , Except as other- wise provided in sections 10.40.130 through 10.40.160, no per- son shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or food- stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or ve- hicle, on any portion of any street within this city except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this section shall not apply to persons delivering such arti- cles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. (Ord. 1155, 17 Aug 65; Ord. 322, 1/29) f 10.40. 140 Food-vending vehicles--Permit required. No per- son shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, pop- corn, candy, ice cream or other articles of food are sold or offered for sale without first obtaining a written permit to do so from the director of public works which shall designate the specific location in which such cart shall stand. (Ord. 1155, 18 Aug 65; Ord. 322, 1/29) 10.40.150 Vehicles used for property transportation. No person shall park or stand any vehicle or wagon used or in- tended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the di- rector of public works which shall designate the specific loca- tion where such vehicle may stand. (Ord. 1155, 18 Aug 65; Ord. 322, 1/29) 10.40.160 Permit--Compliance--Revocation. Whenever any permit is granted under the provisions of this chapter and a particular location to park or stand is specified therein, no 303 \D i i i 10.40. 170--10.40. 180 person shall park or stand any vehicle, wagon or pushcart on any location other than is designated in such permit . In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provi- sions of this chapter, such permit shall be forthwith revoked by the director of public works upon the filing of the record of such conviction with such officer and no permit shall there- after be issued to such person until six (6) months have elapsed from the date of such revocation. (Ord. 1155,, , , 18 Aug 65; Ord. 322, 1/29) 10.40.170 Emergency parking signs . (a) Whenever the di- rector of public works shall determine that an emergency traf- fic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the director of public works shall have the power and authority to order temporary signs to be erected or posted in- dicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys, as the director of pub- lic works shall direct, during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the director of public works shall cause such signs to be removed promptly thereafter. (b) When signs authorized by the provisions of this sec- tion are in place giving notice thereof, no person shall oper- ate, park or stand any vehicle contrary to the directions of such signs . (Ord. 1155, 18 Aug 65) 10.40. 180 Disabled commercial vehicle--Warning signals . Every motor truck having an unladen weight of four thousand (4000) pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during dark- ness, shall be equipped with and carry at least two (2 ) flares or two (2) red lanterns or two (2) warning lights or reflec- tors, which reflectors shall be of a type approved by the California Department of Highway Patrol . When any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways outside of any business or residence dis- trict within this city, and upon which street or highway there is insufficient street lighting to reveal a vehicle at a dis- tance of two hundred ( 200) feet during darkness, a warning. sig- nal of the character indicated above shall be immediately placed at a distance of approximately one hundred (100)- feet in advance of, and one hundred ( 100) feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four (4) approved Class A, Type I turn 304 I f 10.40. 190--10.40.200 �1 signal lamps, at least two ( 2 )toward the front and at least two ( 2) toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned above can be placed in the required locations . The warning signals herein mentioned shall be displayed continuously during darkness while such vehicle remains disabled upon such street and highway. (Ord. 1155, 18 Aug 65) 10.40.190 . One-way streets--Parallel parking. (a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stop- ping or standing. (b) In the event a highway includes two (2 ) or more sepa- rate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking. (c ) The director of public works is authorized to deter- mine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two ( 2) or more separate roadways and shall erect signs giving notice thereof. j (d) The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case such vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the I centerline of the street and does not block traffic thereby. (Ord. 1155, 18 Aug 65; Ord. 1121, 3/65) 10.40. 200 Diagonal parking. (a) On any of the streets or portions of streets established by resolution of the council as diagonal parking zones, when signs or pavement markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle except : (1 ) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space; ( 2 ) With the front wheel nearest the curb within 305 t 10.40. 210--10.40. 240 six(6) inches of said curb. (b) The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers , freight or goods, in which event the pro- visions applicable in section 10.40.190 shall be complied with. (Ord. 1155, 18 Aug 65; Ord. 846, , 7/61 ; Ord. 322, 1/29; Ord. 268, 1/24; Ord. 255, 2/23) 10.40. 210 Angle parking--Minimum road width. Angle parking shall not be permitted upon any street where parking would diminish the width °of the roadway available for travel to less than twenty-four (24) feet or upon any street which is a portion of the city' s master plan of arterial streets and high- ways . (Ord. 1577, 17 Jun 70; Ord. 1155, 8/65) 10.40.220 Angle parking--One side of street . The director of public works is authorized to prohibit the parking of ve- hicles, provided appropriate signs are placed and maintained to give notice thereof, on one side of a street in any block where angle parking is permitted on the opposite side of the street in such block . (Ord. 1155, 18_ Aug 65; Ord. ' 322, 1/29) 10.40. 230 Parking space markings . (a) The director of public works is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. (b) No motor vehicle shall occupy more than one such parking space unless the size of the parked vehicle obviates the use of a single space. When the use of any parking space is regulated by a meter, the meter regulating each such uti- lized space must be in an active and unexpired -condition. (c) No vehicle shall , be stopped, left standing or parked in a space which is already occupied by another vehicle, except that several motorcycles, motor-driven cycles, mopeds, or moto- rized bicycles may occupy a single space, provided that no such vehicle is positioned so that it occupies two ( 2) adjacent spaces. Where a space is regulated by a parking meter, all vehicles within the space are in violation if parking time has expired. (Ord. 2327, 1 Feb 79; Ord. 2295, 9/78; Ord. 1155, 8/65) 10.40. 240 No stopping zones . (a) The director of -public works shall place and maintain appropriate signs indicating that stopping of vehicles is prohibited and indicating the I I I, 305-1 If i i I a 10.40.250--10.40. 275 f1 hours and days when stopping is prohibited when no stopping zones have been established by resolution of the council . (b) During the hours and days designated on the signs, it shall be unlawful for the operator of any vehicle to stop the vehicle on any of the streets or parts of streets established as no stopping zones. (Ord. 1155, 18 Aug 65; Ord. 11361 5/65) 10.40. 250 Painting of curbs . No person, unless authorized by this city, shall paint any street or curb surfaces; pro- vided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any official action of this city pertaining thereto. (Ord. 1155, 18 Aug 65) 10.40. 260 General parking regulations--Enforcement. The provisions of this title regulating the stopping, standing or parking of a vehicle shall be enforced by officers, reserve officers, service officers and cadets of the police department and marine safety officers and such special officers of the department of harbors-and beaches and the department of public works as are assigned and authorized by the chief of police . (Ord. 2247, 18 Jan 78; Ord. 2124, 1/77; Urg. Ord. 1510, 6/69; Ord. 1155, 8/65; Ord. 1121, 3/65; Ord. 632, 11/55) ^ 10.40.270 Parking areas on private property--Maintenance-- Parking prohibited.. a The owners of any private property in the city of Huntington Beach, which property has been declared by resolution of the city council to have areas of traffic con- gestion and a danger to vehicles and pedestrians and an ob- struction of emergency vehicles, shall maintain the designated no parking and restricted parking areas by appropriate signs and/or paint upon the curb surface according to standards es- tablished by the director of public works. (b) When curb markings and/or signs are in place, no oper- ator of any vehicle shall park said vehicle adjacent to any curb marking and/or sign. A violation of this section is an infraction and, upon conviction thereof, shall be punishable by a fine not to exceed $100. (Ord. 2204, 4 Aug 77) 10.40. 275 Vacant real property--Posting. Vacant real property shall be posted to prohibit littering, dumping of waste materials, parking of motor vehicles, and trespassing in accordance with the following: (a) Posting Requirement . Every person owning or 'in pos- 305-2 10. 40. 280 session of vacant real property located in the city within two thousand ( 2000) feet of the mean high tide line of the Pacific Ocean shall post such real property with at least two ( 2) signs per arcel, displayed at intervals not more than one hundred (100� feet apart, along all exterior boundaries and at all roads and trails entering the property. Such signs shall for- bid trespassing, littering, parking motor vehicles, and dumping refuse, as defined in section 8.20. 010(h) , on such property. (b) Applicability. "Vacant real property, " as used in this section, shall include all uncultivated real property within two thousand (2000) feet of the mean high tide line of the Pacific Ocean which is not enclosed by a perimeter fence, and on which there are no permitted structures for residential , commercial, or . industrial uses . Property on which there are no structures other, than oil wells and outbuildings shall not be exempt from this section. (c) Exemptions . The following are exempt: (1) Property` enclosed by a perimeter fence at least five (5) feet high, secured by locked gates; (2 ) Property occupied by or in possession of a public entity or property dedicated to public use; (3) Any parcel with an area less than ten thousand ( 10, 000) square feet shall be exempt from the posting require- ment so long as the total area of such parcel, plus the area of all adjoining and contiguous _ parcels of vacant real property, do not exceed ten thousand (10, 000) square feet. (d) Signs . The signs shall be at least twelve (12) inches wide and eighteen ( 18) inches high, and shall meet the specifi- cations established by the director of development services and the requirements of California Vehicle Code section 22658. (e) No portion of this section shall be construed as re- stricting a private owner in the lawful use of his or her own property unless the use creates a public health or safety haz- ard, a public nuisance, or a fire hazard. (Urg. Ord. 2767, 21 May 85) 10.40.280 Violation--Penalty. Any person violating -any provision of this chapter shall, upon conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed $100. (Ord. 2276, 17 May 78) 305-3 J 17.48.010 - 17.48.050 Chapter 17.48 ELECTRICAL QME (1520-9/69, 1671-10/11 , 1674-10/71 , 1742-4/72, 1750-6/72, 1935-10/74, 2173-4/770 2276-12/88, 2431-7/80, 2567-9/82, 2787-9/85, 2976-;-12/88, 3022-12/89) Sections: 17.48.010 Adoption 17.48.020 Title 17,48.030 Section 110-5 amended--Aluminum conductors 17.48.040 Section 250-83 amended--Made and other Electrodes 17.48.050 Sections 331-3, 336-3 amd 339-3 amended 17.48.060 Section 348-1 amended--Use of electrical metallic tubing 17.48.070 Articles 345 and 346--Intermediate Metal Conduit and Rigid Metal Conduit 17.48.080 (Repealed 2976-12/88) 17.48.090 (Repealed 2976-12/88) 17.48.100 (Repealed 2976-12/88) 17.48.010 Adoption. There i-s hereby adopted by the City Council of the city of Huntington Beach that certain code known as the National Electrical Code, 1987 edition, published by the National Fire Protection Association. Such code is hereby adopted and incorporated pursuant to Government Code sections 50022.2 et seq. and .Health and Safety Code section 17958, for the ` purpose of prescribing regulations governing the installation, alteration, repair and maintenance of all electrical installations in the- city of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict therewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the city of Huntington Beach. (1935-10/74, 2431-7/80, 2567-9/82, 2787-9/85, 2976-12/88, 3022-12/89) 17.48.020 Title. This chapter shall be known as the "Huntington Beach Electrical Code," may be cited as such, and will be referred to herein as "this code. " (1935-10/74, 2173-4/77, 2431-7/80, 2567-9/82, 2781-9/85) 17.48.030 Section 110-5 amended--Aluminum conductors. All articles and sections of this code allowing the use of aluminum conductors shall be subject to the limitation that aluminum conductors smaller than No. 6 AWG shall not be used. (2431-7/80, 2567-9/82, 2787-9/85, 2976-12/88) Electrodes. Electrodes described in section 250-83 shall not be used except those which are listed and approved for the local soil conditions. The amendment does not apply to temporary power construction poles. (2787-9/85, 2976-12/88) 17.48.050 Sections 331-3. 336-3 and 339-3 amended. Sections 331-3, 336-3 and 339-3 are amended to read as follows: 12/89 a 17.48.050 - 17.48.070 �1 "Uses Permitted or Not Permitted. Type NM or NMC cable, and Type Uf cable shall not be used in any building(s) except in one and two-family dwellings, and in multifamily dwellings where the multifamily dwellings do not exceed three (3) stories in height, as described in section 336-3." (1520-9/69, 2173-4/77, 2431-7/80, 2567-9/82, 2787-9/85, 2976-12/88) 17.48.060 Section 348 1 amended--Use of electrical metallic tubing. Section 348-1 is hereby amended to read as follows: "Section 348-1 -- Use. The use of electrical metallic tubing shall be permitted for both exposed and concealed work. Electrical metallic tubing shall not be used: (1) where, during installation or afterward, it will be subject to severe physical damage; (2) where protected from corrosion solely by enamel ; (3) i-n cinder concrete or cinder fill where subject to permanent moisture; (4) where exposed to the earth ,or in the earth. Where practicable, dissimilar metals in contact anywhere in the system shall be avoided to eliminate the possibility of galvanic action. Where exposed to the weather, electrical metallic tubing fittings shall be approved for the atmosphere. The tubing and fittings shall comply with section 300-6." (1520-9/69, 2173-4/77, 2431-7/80, 2567-9/82, 2787-9/85, 2976-12/88) 17,48.070 Articles 345 and4 -- i 1 Conduit and Rigid Metal Conduit. Intermediate metal conduit and rigid metal conduit shall not be used in the earth or ground except when the conduit(s) and its or their � associated fitting(s) are triple half-lapped with 40 mil weatherproof tape or its equivalent. (2787-9/85, 2976-12/88) 12/89 f CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 6/19/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 985 at Article 985 9850--9853 Article 985 DESIGN REVIEW BOARD (1525-10/69, 1571-4/70, 1589-7/70, 1956-1/75, 2381-7/791 3017-12/89, 3085-12/90) Sections: 9850 Design Review Board Established 9851 Duties '9852 Appeals 9853 Members 9853.1 Terms of Office 9853.2 Removal of Members 9853.3 Bylaws 9853.4 Secretary 9853.5 Advisors and Assistants to the Board 9854 Design Review by Application 9854.1 Criteria for Approval 9854.2 Factors to be Considered in Applying Design Criteria 9850 Design Review Board Established. There is hereby created a Design Review Board for the City of Huntington Beach referred to herein as the. "Board." (2381-7/79, 3017-12/89) 9851 Duties. The duties of the Board shall include the following: (3017-12/89) a. Encourage, control , and maintain harmonious, compatible, attractive, and aesthetic development within special and unique areas of the city. (3017-12/89) b. Review and act on the design of any structure, facility, landscaping or architecture to be constructed, altered or modified in areas designated Civic Facilities, Civic Districts, Redevelopment Survey and Project Areas, and/or other areas so designated by the City Council . (3017-12/89) C. Approve, conditionally approve, or deny any design review application forwarded to them by the Director, ' Zoning Administrator, Planning Commission and/or City Council . (3017-12/89) d. Recommend to the Director, Zoning Administrator, Planning Commission and/or City' Council either approval , conditional approval or denial of any design review application. . (3017-12/89) 9852 Appeals. Any action of the Board may be appealed to the Planning Commission as provided in this code. (3017-12/89) 9853 Appointment of Membership. The Board shall be composed of seven (7) members appointed by and responsible to ,the City Council . The membership shall consist of one (1 ) Council Member and one (1) alternate Council Member, one (1 ) Planning Commissioner and one (1 ) alternate Commissioner, three (3) City residents, and two (2) staff members. (3017-12/89, 3085-12/90) 12/90 9853.1--9854.2(b) 9853.1 Terms of Office. The terms of office of Board members shall be for four (4) years. (3017-12/89;''3085=12/90:) 9853.2 Bylaws. The Board may adopt bylaws and rules as it deems necessary for the selection of its officers, the time and place of its meetings and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance or resolution. (3017-12/89) 9853.3 Secretary. The Director of the Department of Community Development, or a person so designated by the Director, shall serve as secretary to the Design Review Board without the power to vote. (3017-12/89) 9853.5 Advisors and Assistants to the Board. The Board may request attendance at its meetings of any officer or employee of the City to assist the Board. The Board may make investigations and employ persons, subject to approval of the City Administrator, as it may deem necessary to perform its duties and functions. (3017-12/89) . 9854 Design Review by Application. Prior to the issuance of any permits a project within areas designated for design review must first submit an application to the Department of Community Development. . The Board shall act on all applications within thirty (30) days of submittal . (3017-12/89). 9854.1 Criteria for Approval . The Board shall utilize the following criteria in the review of applications: (3017-12/89) (a) The architectural and landscape design of a project must integrate harmoniously with the existing or planned character of the immediate neighborhood. (3017-12/89) (b) The design must stabilize and protect civic facilities or civic district areas and be compatible in scale and aesthetic treatment. (3017-12/89) (c) The design must enhance the desirability and/or enjoyment of the immediate neighborhood. (3017-12/89) (d) The design must improve community appearances by preventing extremes of dissimilarity or monotony in new construction or alterations of facilities. (3017-12/89) 9854.2 Factors to be Considered in Applying Design Criteria. The Board shall consider the following factors in applying criteria to a design being considered under this article: (3017-12/89) (a) Height, location, bulk, area, materials, type and variations in any structure, facility, 'landscaping or architectural feature so considered. (3017-12/89) (b) Site layout, orientation and relationship to open areas, topography and existing or proposed structures in the surrounding neighborhood. (3017-12/89) 12/90 9854.2(c)--9854.2(g) (c) Sign design and its relation to the proposed use and surrounding neighborhood. (3017-12/89) (d) The probable useful life of other structures on the site and in the immediate area. (3017-12/89) (e) All applicable provisions of this code. (3017-12/89) (f) Relation of the proposed use to other existing and proposed facilities. (3017-12/89) (g) Any other factors which the City Council may deem relevant. (3017-12/89) 12/90 ti CITY OF HUNTINGTON BEACH ORDINANCE CODE EFFECTIVE IMMEDIATELY PLEASE REMOVE FROM CODE PLEASE ADD TO CODE 9961 .12--9961 . 16 9961 .12--9961 .16 (CORRECTION TO SECTION 9962.2) t a 9961 . 12--9961 . 16 serve -both the residents of a subdivision and the general public, the developer may be credited for supplying a portion of the requirements of this article not to exceed fifty percent (50%) credit on residential units that abut such special facility only. Said special facility shall be restricted to its initial purpose and shall be permanently devoted or dedicated to use by the general public unless a satisfactory substitute is approved by the city. The City Council shall adopt by resolution criteria which shall set forth standards respecting the size, shape and location of such special facilities before any credit may be given pursuant to this section. (Ord 2545-10/82) ' 9961. 13 Credit for Site Improvement and Development. When dedication is required, it shall be accomplished in accordance with the provisions -of the Subdivision Map Act (Government Code Sections 66410 et seq. ) . When fees are required the same shall be deposited with the city Department of' Development Services prior to recordation of the final tract map. Open space convenants for private park or recreational facilities shall be approved by the City Attorney and the Department of .Development Services prior to approval of the final tract map by the- City Council and shall be recorded simultaneously with the final tract map. (Ord 2545-40/76) 9961. 14_ Procedure. At the time of approval of the tentative subdivision map, the Planning Commission shall determine pursuant to Section 9961 . 10 hereof whether land shall be dedicated or whether fees shall be paid by the subdivider, or whether the subdivider shall both dedicate land and pay fees, the total of ' such dedication and/or fees not to exceed the formula provided by this article . The subdivider shall dedicate such land and/or pay such fees at the time of recordation of the final subdivision map . (2.143-12/76) 9961. 15__ .Commencement _ of Development . At the meeting following recordation of the final subdivision map, the City Council shall specify when development of the park or i recreational facilities shall be commenced . 9961.16 Exemptions . The provisions of this article shall not apply to the following : (a) Subdivisions containing less than five parcels and not used for residential purposes , provided, however, that a 1.1/87 C` ACT♦ 4 � 9961 . 16--9962 . 2 condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within ,four years the fee may be required to be paid by the owner. of. each such parcel as a condition to the issuance of such permit . ' (b) Industrial subdivisions . (c) Condominium p.rojects or stock cooperatives which consist of the subdivision of ' airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (d) Parcel maps, for a subdivision containing less than five parcels for a shopping center containing more than 300, 000 square feet of gross leasable area and no residential development or uses . . - (e) Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less . (Ord 2545-10/82) 9962 School Site Dedication Requirements. As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the city elementary school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. 9962.*1 Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map . If. within thirty (30) days after the requirement of dedication is imposed by the City, any elementary school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated . The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision. 9962_2_Pavments to Subdivider for School Site Dedication. All elementary school districts shall , if they accept the dedication, repay to- the subdivider of the dedicated -land, plus a sum equal to the total of the following amounts : ( a) The cost of any improvements to the dedicated land since acquisition by the subdivider : ' 11/87 CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 6/5/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE -- Chapter 2.06 -- Chapter 8.50 r � l�/ a CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 6/5/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Title 8 (PAGE 1 ONLY) Title 8 (PAGE 1 ONLY) Chapter 8.48 (PAGE 227 ONLY) Chapter 8.48 (PAGE 227 ONLY) ____ Chapter 8.52 Chapter 8.56 (PAGE 229 ONLY) Chapter 8.56 (PAGE 229 ONLY) �\ ***FORMAT CHANGES ONLY l i `I i 8.R04.010--8.04.010 ) Ti°,"ta.e .8 HEALTH 'AND =SAFiET1( Chapters: 8.04 Food Handling_ Establ i.s�hmen:t:s 8.08 Food Vending ,Vehi,c#lees 8.12 Fly Control 8. 16 Weed Abatement 8. 17 Abatement of Trees and 'Shrubs Obst�ructi�ng ;Public Ri gh"ts-of-Way 8.20 Refuse 8.24 Dust--Industrial Waste 8.32 Standing Water 8.36 Rubbish 8.40 Noise Control 8.42 Use of Police Services at Loud Parties or Other Activities 8.44 Vehicles and Motorcycles 8.48 Inoperable Vehicles 8.56 Mobile X-ray Units- 8.60 Civil Defense--Emergency Services 8.64 Farm Labor Camps 8.68 FireMed Program Chapter 8.64 FOOD HANDLING ESTABLISHMENTS (514-8/47, 1254-9/66, 1892 4/74, 2407-2/80) Sections: 8.04.010 Definitions 8.04.020 Permit required--Conditions and terms 8.04.030 Building construction certificate- 8.04.040 Permit--Building 8.04.050 Sanitation requirements 8.04.060 Permit--Suspension 8.04.070 Notice of violation 8.04.080 Violation--Hearing 8.04.090 Permit--Suspension for refusal of entry 8.04.100 Permit--Summary suspension 8.04. 110 Premises closure supe.rvi'sed 8.04. 120 Administration rules . Ifinii_on5. The following terms used° in- this chapter shall have the meanings indicated below: (a) Bakery shall be as defined in section 28190 of the California Health and Safety Code. (b) Food processing establishment shall be as defined in section 28280. 1. of the California Health and Safety Code. 2/90 a 8.04.010(c)--8.04.020(a) (c .. _ep.a.r>«m�.n or .�i_e9_(jrtjp_e_n_t shall mean the public health and medical services of, the Orange County human- services agency which acts as the health department of the city pursuant to resolution made under the provisions of sections 476 and 477 of the California Health and Safety Code. (d) Health officer shall mean the county health officer or his deputy or assistant duly authorized to act in his behalf in case of his absence or incapacity. (e) Ice plant, self—contained ice plant or ice distributor shall be as defined in section 4003 of the California Health and Safety Code. (f) Inspector shall mean a sanitarian, as defined in Health and Safety Code section 540, employed by the health department, or the health officer or iany deputy health officer authorized to inspect premises or equipment for the enforcement of this title. (g) Itinerant restaurant shall be as defined in section 28523 of the California Health and Safety Code. (h) Mobile food preparation vehicle shall mean any vehicle or portable food service unit upon which food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. (i ) Premises shall include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises. (j) Restaurant shall be as defined in section 28522 of the California Health and Safety Code. (k) Retail food production and marketing establishment shall be as defined in section 28802 of the California Health and Safety Code. (1 ) Vehicle shall be as defined in section 28524 of the California Health and (m) Vending machine shall be as defined in section 28525 of the California H_l t.h end oaf , Cam. (n) Vending machine business shall mean the business of selling food or beverages by means of vending machines regardless of the number of locations at which the vending machines are located. (1254-9/66, 1892-2/74, 2407-2/80) 8.04.020 Permit required--Conditions and Aerms. (a) It shall be unlawful for any person or other legal entity to operate any restaurant, itinerant restaurant, mobile food preparation vehicle, vehicle, vending machinetusiness, _bakery, food processing establishment, ice plant, self—contained ice plant or. act as an ice distributor without 2/90 8 . 48. 1201-8 .48. 160 8 .48.120 Abatement--Council action. The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the ve- hicle or part thereof if, in its opinion, the circumstances justify it, At the conclusion of the public hearing, the city council may find that a vehicle or part thereof has been aban- doned, wrecked, dismantled or is inoperative on private or pub- lic property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and de- termine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the ve- hicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the ve- hicle., if available at the site . (Ord . 1393, 2/68 ) 8 . 48.130 Landowner not assessed. If it is determined at the hearing that the vehicle was placed on the land with- out the consent of the landowner and that he has not sub- sequently acquiesced in its presence , the city council shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or -� otherwise attempt to collect such costs from such landowner. (Ord. 1393 , 2/68 ) i7 8 . 48. 140 Decision notice to interested party. If an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision. (Ord. 1393, 2/68) 8.48.150 Order to remove. Five (5) days after issuance of the order declaring the vehicle or parts thereof to be a public nuisance and five (5) days from the date of mailing of notice of the decision as required by this chapter, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler' s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Ord. 1393; 2/68 ) 8. 48.160 Removal--Motor vehicle department notified. Within five 5 days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the `,-ehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence c,f registration available, including registration certificates , certificates of title and license plates. ( Ord . 1393 , 2/68) -,. 227 a r Y 8 .48. 170--8. 48. 190 8 .48 . 170 Removal--Costs--Lien. If the administrative - costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty (30) days of the date of the order , or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to section 38773. 5 of the Government Code and shall be transmitted to the tax col- lector for collection. The assessment shall have the same priority as other city taxes . (Ord. 1393, 2/68 ) 8 . 48.180 ' Violation--Abandonment. It is unlawful and an infraction for any person to abandon, park, store, or leave or permit the abandonment , parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the city for a period in excess of ten ( 10) days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street`or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a ,junkyard . (Ord. 1935 , 6 Nov 74 ; .Ord. 1393 , 2/68) 8-. 48. 190 Violation--Failure to remove . It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such law is applicable. (Ord. 1935 , 6 Nov 74 ; Ord . 1393 , 2/68) Chapter 8.52 (RESERVED) Chapter 8.56 MOBILE X-RAY UNITS Sections : 8. 56.010 Definitions . 8. 56. 020 Scope. 22E 8. 56. 010--8. 56. 030 Sections : (Continued) rr: 8. 56 . 030 License--Applicant investigation. 8. 56 .040 License--Compliance determination. 8. 56 . 050 License--Granting. 8 . 56 .060 License--Unit operators . 8. 56 .070 Conditions of operation. 8 .56 .010 Definitions . (A) "Mobile X-ray operator" means any person or other entity , who owns or legally pos- sesses , or operates a mobile X-ray unit. (B) "Mobile X-ray unit" means any X-ray generator which is , or can be used for the purpose of making medical diagnostic photofluorographic films of persons , and which is installed in or upon a motor vehicle or trailer so. that it may be transported from place to place . (Ord. 1569 (part) , 1970) . 8. 56 . 020 Scope . All mobile X-ray units shall comply with the requirements of the Radiation Control Law, Division 20 ,- Chapter 7.6 , California Health and Safety Code , together with regulations enacted pursuant thereto. (Ord. 1569 (part) , 1970) . 8. 56 .030 License--Applicant investigation. Any per- son orient entity desiring to operate a mobile X-ray unit with- in the city shall make application to the county health officer on forms prescribed by him for issuance of a li- cense. The county health officer shall cause to be conduc- ted an investigation of the applicant for a license to de- termine , among other things , the following items of infor- mation : (A) The unit has a valid state registration as pro- vided by Division 20 , Chapter 7. 6 , California Health and Safety_ Code; (B) The applicant has complied with applicable laws , ordinances and regulations including those relating to the reporting to the health officer of abnormal X-ray findings pursuant to regulations of the State Department of Public Health; (C) The proper public notices , as required by state law, regulations enacted pursuant thereto, and local ordi- nances , have been posted in or upon the mobile unit; (D) The location and mailing address of all film files to be maintained by said mobile unit as hereinafter provi- ded; (E) The applicant and his specified personnel are quali- fied personnel are qualified by reason of training and exper- ience to operate a mobile X-ray unit in such a manner as to provide reasonable assurance of protection to health, life and -property; 229 8 . 56. 040--8 . 56. 070 (F) The applicant ' s equipment, facilities , proposed uses and procedures are such as to provide reasonable assur- ance of protection to health , life and property; (G) Such other information as shall be required by the county health officer. (Ord. 1569 (part) , 1970) . 8. 56 . 040 License--Compliance determination. No license shall be granted, renewed or reinstated unless the county health officer determines , upon completing his investigation, that the mobile X-ray unit is , or can be , operated in com- pliance with applicable laws , ordinances and administrative regulations , and in a manner not detrimental to the health of the patrons , employees and the general public and all op- erations of mobile X-ray equipment have been certified by the county health officer to operate same. (Ord. 1569 (part) , 1970) . 8. 56 . 050 License--Granting . Licenses may be granted at any time during the year, but all licenses shall expire at the end of the calendar year. (Ord. 1569 (part) , 1970) . 8. 56.060 License--Unit o erators . No mobile X-ray unit shall be operated unless the operator thereof has been licensed as hereinbefore provided. No mobile X-ray unit shall be operated by any person other than the applicant or the persons specified in his license. (Ord. 1569 (part) , 1970) . 8. 56 .070 Conditions of operation. All mobile X-ray units shall be operated so as to comply with the following conditions : (A) No person under the age of fifteen years is to be X-rayed unless such person has had a positive tuberculin skin test and presents a written statement , signed by a licensed practitioner of the healing arts , showing the meth- od and the date of such positive skin test. A sign shall be posted in a prominent location of the mobile X-ray unit stating that no person under the age of fifteen years is to be X-rayed unless such person has had a positive tuberculin skin test. (B) No pregnant woman shall be X-rayed in a mobile X- ray unit unless so ordered in writing by a licensed practi- tioner of the healing arts. A sign shall be posted in a prominent location on the mobile X-ray unit stating that no pregnant woman shall be X-rayed. (C) The mobile X-ray operator shall require all persons , before being X-rayed, to complete an informal form showing the name, age , sex, address , telephone number, the person 's physician's name and address , if a female , whether pregnant, if under fifteen years of age, whether the person has had ,--� a positive tuberculin skin test, and the date of such test. 1 230 CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 973 Article 973 f ARTICLE 973 MISCELLANEOUS PROVISIONS Sections`:' i 9730 Height Limitations . Exception. 9730 .2 Public- Uses . All Districts . 9730 . 4 Dedication Required . 9730.6 Exceptions to Required Dedication. . 9730. 8 Horticultural Uses . 9730. 10 Right-of-Way Dedication Determinants . 9730 . 12 Improvement Required. 9730. 14 Improvements Deferred. 9730 . 16- Installation of Improvements . Exception. 9730. 18 Encroaching Doors or Entry Gates. 9730 .20 Screening and Rooftop Mechanical Features,. 9730 . 22 Minor Accessory Structures . 9730 . 24 Agricultural Stands. 9730 .26 Christmas Tree and Pumpkin Sales Lots . 9730 . 28 Trailer , Temporary Structures or Construction Offices . 9730 . 30 Commercial Coaches . 9730 . 32 Subdivision Sales Offices and Model Homes . 9730 . 34 Use Permits Required for Multiple Dwellings . 9730 . 36 Home Occupations . Conditions . 9730. 38 Inspection of Premises . 9730 .40 Home Occupation Application: r97301. 42 Revocation of Home Occupation Permit . Appeal . 9730 .44 Commercial , Professional and Industrial Uses . Housing of Goods . 9730 .48- Nonrelated Persons . Twenty-four Hour Care . . 9730 . 50 Applications . Criteria For . 9730. 52 Temporary Commercial Parking Lots . 9730 . 54 Temporary Commercial Parking Lots . Revocation of Use Permit 9730 . 56 Seasonal Parking Lots . 9730. 57 Seasonal Parking Lots . Conformance to Standards Prior to Permit . Revocation of Permit . 9730 . 58 Automobile Related Standards . 9730. 60. Trash Areas . 9730 . 62 Archeological Remains . 9730. 64 Temporary Outdoor Events . 9730. 66 Residential Parking Requirements . Coastal Zone. 9730 . 68 Private Garages and Carports . Residential Uses . 9730 . 70 . Certificate of Occupancy . 9730. 80 Certificate to Operate . 9730 . 85 Satellite dish antennas . 9730. 85 . 1 General provisions . 9730 . 85 . 2 Satellite dish antennas attached to main 1 structures . a 9730--9730 . 4 Sections : 9730 . 85. 3 Satellite dish antennas detached from main structures . 9730. 85. 4 Satellite dish antennas--Exception. 9730 Heigght Limitations. Exception. Except as provided for Industrial districts, height limitations specified for each district may be ' exceeded up to ten ( 10) feet for the following : chimneys, cooling t.owers, flagpoles, scenery lofts , water tanks, ornamental towers , spires, domes, cupolas, oil well derricks, parapet walls not more than -four ( 4) feet high, rooftop mechanical equipment, public utility facilities, structures and necessary mechanical appurtenances such, as boiler frameworks, turbines , generators, and related mechanical fixtures, transmission towers, or other similar equipment not designed for habitation. Exceptions of more than ten ( 10 ) feet to district height limitations for the above shall be subject to approval of a .use permit by the Board of Zoning Adjustments . Structures for wind-driven generators are not exempt under this section. 9730.2 Public Uses. All Districts. Except community facilities and civic district structures which are subject to -- review by the Design Review Board, the limitations of this code shall not be deemed to prohibit in any district any of the following uses : ( a ) Public buildings owned by the city and the customary uses of such buildings . ( b) Public schools , including usual, customary facilities in connection therewith . ( c ) Public parks including recreation, storage and service buildings common thereto . ( d;) Commercial enterprises, concessions or amusements operated for gain which are incidental to a public facility . 9730 . 4 Dedication Required. Prior to issuance of a building permit, or prior to the use of land .for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the city requires for streets, alleys , including access rights and abutters ' rights , drainage, public utility easements, and other public easements . In addition , 11/87 9730. 4--9730 . 8 all streets and alleys shall be improved, or an agreement entered into for. such improvements including access rights and abutters' rights, drainage, public utility easements, and other easements . 9730. 6 Exceptions to Required Dedication. Dedication shall not be . required prior to issuance of a building permit for : ( a ) Interior building alterations which do not exceed a third ' of the value of a building, a's defined in the Uniform Building Code, and which effect no change of occupancy. ( b) Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as- defined in the Uniform Building Code, and add no additional residential units : (c ) Fences and walls . ( d) Temporary uses, as specified in this article. 9730.8 Horticultural Uses. Prior to use of, land for any horticultural purpose, all real property shall be . dedicated or irrevocably offered for dedication which the city requires for y streets, ' alleys , including access rights -and abutters ' rights, drainage, public utility easements, and other public easements. All streets and alleys shall be improved, or an agreement entered into for such improvements, including access rights and abutters ' rights, drainage, public utility easements, and other easements . The dedication herein required may be reviewed at the time of entitlement , upon request by the applicant , and a temporary postponement, not to exceed one ( 1 ) year , may be granted, upon consideration of the following criteria. ( a ) Type of horticultural use proposed. ( b) Duration ( temporary or permanent ) . ( c) Vehicular access, and effect of the proposed use on traffic in the vicinity of the site . ( d) Relati-onship between the proposed requirements and an anticipated expanded use . ( e) Dedication shall not be required for any purpose not _ reasonably related to such horticultural use. 11/87 f l 9730 . 10--9730 . 14 9730.10 Right-of-Way Dedication Determinants.. Right-of-way dedication width shall be determined by either of the following : ( a) Department of Public Works standard plans ; or ( b) A precise plan of street , highway or alley alignment 9730.12 Improvement Required. . ( a) No building. permt shall be issued by the Department of Development . Services until an application for permit has been filed, street improvement plans and specifications have been submitted for .plan check, and all fees, ,established by resolution of the City Council , have been paid . The Department of Development Services shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances . ( b) The Department of Development Services shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements , including curbs, gutters, and street paving, shall be completed ., 9730.14 Improvements Deferred. Improvements required by this article may deferred in the following . instanc.es and upon adherence to the following requirements and regulations : ( a ) Where the grade of ,the abutting right-of-way has . not been established prior to the time when on-site structures qualify for final release for occupancy.. ( b) Where a drainage system would be delayed by the installation of improvements . ( c) Where an agreement is entered into with the city to install improvements by a late date certain, said agreement shall, be secured by a bond or deposit equal to 150 percent of . the city' s estimate ( including inflation estimates ) of the required improvements . Such bond or, cash shall be deposited with the City Treasurer . ( d) Where the developer has agreed with the city in writing that. the deposit required by such section (c ) of this section may be used by the city after an agreed upon time to complete the required improvements, the remainder of such deposit , if any, shall be returned to the developer r upon completion of such improvements by the city. / 11/87 9730. 1.4--9730. 24 .�.- ( e ) The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants . A nonrefundable fee set by resolution of the City Council shall accompany such application. (Ord. 2588-1/83 ) 9730.16 Installation of Improvements. Exception. Where. construction is limited to one lot and the erection. of a detached single-family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten ( 10) feet of street paving to meet Department of Public Works standards . Where necessary, temporary paving shall be installed to join existing street improvements . 9730.18 Encroaching Doors or Entry Gates. No door of a private garage or portion of a main building used as, a garage , or an entry gate shall be so installed so as to extend into any public right-of-way when open or being opened . 9730.20 Screening and Rooftop Mechanical Features. No rooftop mechanical feature or appurtenance, except for solar equipment , shall be visible from . any adjacent public ` right-of-way. 9730 .22 Minor Accessory Structures. Minor accessory structures such as cabinets, sheds, pet shelters, - and children ' s playhouses which do not exceed sixty-four (64 ) square feet of floor area, eight- (80) square feet of roof area and a height of six ( 6 ) feet shall be permitted in- any district . Such structures shall be located in the rear two-thirds of the lot and shall not be subject to rear and side yard setbacks required for detached accessory buildings . ( 276075/85 ) If any such structure exceeds forty-two ( 42 ) inches high and is located in the required side yard setback for the dwelling, a minimum clearance of five (5 ) feet -shall be maintained between said structure and the dwelling to permit access to, the rear yard . ( 2760-5/85 ) 9730.24 Agricultural Stands. Agricultural stands may be permitted in any district as a temporary use subject to iapproval of an administrative review application by the Board of Zoning Adjustments , .and compliance with the following : ( a ) Stands shall be located within the agricultural area where the produce is grown. I 11/87 a 9730 . 24--9730 . 26 1 0 ( b) Such temporary use shall be limited to the sale of produce grown on the parcel or on adjacent parcels under common ownership or under lease by the applicant . ( c ) Stands shall not be located closer than twenty ( 20 ) feet to the edge of the street pavement ; and in no case shall encroach on a public right-of-way. ( d) In the event additional right-of-way is needed or additional improvements are installed, the applicant shall be required to relocate the structure at his expense, and in compliance with all provisions of this section. ( e) Adequate off-street parking shall be provided, and oiled to meet Department of Public Works standards whenever necessary to control weed growth. ( f ) Prior to issuance of a business license or .building permit, a one hundred dollar ($100 ) cash bond shall be posted with the City Treasurer to guarantee removal of temporary stands on termination of the use, and to guarantee maintenance of the property . Said bond shall be accompanied by a signed agreement which allows the city to enter upon the premises to remove the building structure if it becomes a nuisance, a hazard or is in disrepair . (g ) Approval of an administrative review application shall be limited to one ( 1) year . unless otherwise stipulated by the Board of Zoning Adjustments . ( h ) Request for permission to erect a sign shall be included with the application for . admini.strative review, and any changes to be made to such sign shall be subject to approval of the Board of Zoning Adjustments . 9730 .26 Christmas Tree and Pumpkin Sales Lots. Christmas tree and pumpkin sales lots are permitted adjacent to any arterial highway in any district as a temporary use subject to approval by the Director . and compliance with the following : ( a ) Storage and display of trees and pumpkins shall be set back not less than ten ( 10) feet from the edge of the street pavement , and shall not encroach on the public right-of-way . ( b ) All utility poles , temporary structures, signs, trash, including any unsold trees or pumpkins, etc . shall be removed, and the site completely restored to its original condition not later than January 3 * of the following year for Christmas tree sales, and November 10 of the same year for pumpkin sales . 11/87 9730. 26--9730. 28 (c ) Temporary shelters shall be constructed according to- Department of Development Services standards. (d ) No operation of a Christmas tree sales lots shall commence until permission has been granted by the Fire Department after an on-site inspection has been made to insure that all conditions of local and state codes are met . ' ( e ) A minimum of . ten ( 10) off-street parking spaces shall be provided. ( f) Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. ' '(g ) Prior to issuance of a business license for - undeveloped or unimproved sites, a five hundred dollar ($500 ) cash bond shall be posted with the city to insure removal of any structure, clean-up of the site upon termination of the temporary use, and to guarantee maintenance of the property . 9730 .28 Trailer, Temporary Structures or Construction Offices. Trailers or temporary structures. may be used` on —� construction sites provided the. use is the same as the future use of the building under construction, or is used 'as a construction office. ( a ) A temporary construction facility permit , limited to one ( 1) year, shall be- issued for a trailer used for the same purpose, as the building under construction, subject to such reasonable conditions as may be imposed by the Director . The applicant may file a written request with the Director to extend .the permit for an additional one-year period . ( b) Adequate off-street parking facilities shall be provided . ( c ) No trailer, temporary structure, or construction office shall be permitted to remain on site following completion of construction . ( d) Prior to issuance of a permit, a five hundred dollar ( $500 ) cash bond shall be posted with the city to guarantee removal of the trailer , temporary structure, or construction office. 11/87 9730 . 28--9730 . 32 ( e) No trailer , temporary structure, or construction office shall be located - within twenty ( 20) feet of the edge of the public street pavement or encroach on a public right-of-way . 9730.. 30. Commercial Coaches. Commercial coaches may be allowed as an expansion -of an existing use for a period not to exceed five ( 5 ) years subject to approval of a use permit by _the . Board .of Zoning Adjustments, and provided that parking , access, setbacks, landscaping and all applicable provisions for the district where such commercial coach is to be located are met . Prior to issuance of a permit, a five hundred dollar ($500 ) cash bond shall be posted with the city to guarantee removal of such commercial coach . For the purpose of this section, "commercial coach" shall mean a structure transportable in one or more -sections, designed and equipped for human occupancy for industrial; professional or commercial use, which is required to be moved under permit , and shall include a trailer coach . 9730.32 Subdivision Sales Offices and Model Homes . Subdivision sales .offices and model homes in conjunction with a subdivision may be permitted subject to approval of an administrative review application by the Board of - Zoning' Adjustments, and compliance with the following requirements . ( a ) The office use shall be discontinued within thirty ( 30 ) days following sale of the last on-site unit . A cash bond of one thousand dollars ( $1000) shall be posted with the city' f'or the sales office and for each model home to guarantee compliance with. all provisions of this code and the Huntington Beach Building Code . Such model homes shall only serve the tract specified in the administrative review application . . . - ( b) The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs ,temporary structures, parking and landscaping . ( c) The administrative review permit may be subject to review by the Board of Zoning Adjustments one ( 1 ) year after issuance to insure compliance with all city codes. ( d ) No sales office shall be converted or expanded into a general business office for the contractor or developer . 11/87 9730. 34= 9730: 36 !4 9730.34 Use Permits Required for Multiple -Dwellings. A use . permit shall be required for any multiple dwelling when an.y. portion thereof is situated more than 150 feet from a public street . - Where such multiple dwelling or portion thereof is an integral part of a proposed project, the use - permit shall be required for the entire project, other provisions of this code notwithstanding: 9730.36 Home Occupations. Conditions. Home occupations may be permitted in mobilehome parksi', and in Ali 92, R3 and R4 districts provided the following conditions are met : (a) Business shall be restricted to one room in the dwelling and' all materials, supplies, equipment, products., or facilities shall be stored and kept therein. (b) Garages shall not be used in connection with such business except to park business vehicles. ( c) No person residing off the premises shall be employed. (d ) There shall be. no display. of merchandise, projects; operations., signs, or nameplates of any kind visible from outside the dwelling.. ( e) The appearance of the dwelling shall not be alteted, nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or _any other means whatsoever . ( f ) The occupation shall not increase pedestrian or vehicular traffic in the neighborhood. (g ) The occupation shall not require the use of commercial vehicles for delivery of materials to or, from the premises. ( h) No commercial vehicle or equipment used in conjunction with the, occupation shall be parked overnight on the street or in any yard area of the premises. ( i ) The occupation shall not create noise, odor, dust, vibration, fumes, or smoke readily detected' at the boundaries of the parcel on which it is situated, and shall not create any disturbance which adversely affects electrical appliances located on adjacent properties. 11/87 i 9730 . 36--9730. 42 ( j ) All applicable provisions of the Uniform Fire Code shall be met . W A home occupation -to give swimming instruction in an outdoor swimming pool shall be subject to approval of a use permit by the Board of Zoning Adjustments . Each - swimming class shall be limited to four ( 4) students, - and no more than two (2 ) vehicles shall be used to transport students to such classes . At the time application is made for a use permit, the applicant shall also furnish evidence of liability insurance conditioned that applicant shall indemnify and save harmless the city, its officers and employees from any and all loss, - costs, damages , expenses or liability which may arise out of 'or result from the . granting of the permit or the conduct of the activity for which the use permit is issued, and all loss or damage that may be sustained by any person as a result of, or' which may be caused by or arise out of the conduct of the activity for which the permit is issued . Such policy of insurance shall be written by an insurance company acceptable to the city, in the sums required by Resolution No. 4337 as it presently exists or may hereafter be amended, and shall be maintained in such sums at applicant 's expense at all times during the period for which the use permit is in effect . 9730.38 Inspection of Premises. Any authorized city employee .may inspect the premises for which application has been made or permission granted for a home bccupation at any reasonable time. 9730.40 Home Occupation Application. At the time application is made to conduct a home occupation, the applicant shall pay a fee established by resolution of the City Council , and sign an affidavit that he understands all of the conditions of approval for the operation of such home occupation, and will comply with such conditions . Any. violation of the conditions, -set' out hereinabove, or other conditions of approval imposed by the Board of-,Zoning Adjustments shall be -cause for revocation of the authorization to conduct said occupation, and such occupation shall cease immediately upon revocation. 9730.42 Revocation of Home Occu ation Permit. Appeal. A permit to conduct a home occupation may extend from year to year provided' tha.t there have been no complaints regarding the conduct of such operation . Upon receipt of a complaint the I 11/87 9730. 42--9730. 50 Board of Zoning Adjustments shall hold a public hearing to review the application and determine whether such occupation may continue . The decision of the Board shall be final , subject to appeal as provided elsewhere in this code. i 9730.44 Commercial, Professional and industrial Uses. Housing of Goods. All goods, wares, merchandise, produce and other commodities which are stored or offered for sale or exchange in the professional, commercial, and industrial districts, shall be housed in permanent buildings except as otherwise provided by this code . 9730. 48 Nonrelated Persons. Twenty-four Hour Care. No person shall conduct, operate or maintain, or permit to be conducted; operated or maintained, or participate in the conduct , maintenance or operation of a home for the care of nonrelated persons on a twenty-four ( 24 ) hour basis in the city of Huntington Beach until application for a use permit has been made and approved by the Board of Zoning Adjustments . 9730.50 Applications. Criteria For. The Board shall consider the following criter1ra when reviewing applications for the care of nonrelated persons : ( a) - The care of six ( 6) or fewer nonrelated persons shall be �- conducted only in a state-authorized, certified or licensed family care home, foster home or group home which complies with all applicable laws and regulations. . Evidence of such authorization or license shall accompany the initial application . ( b) A minimum of 150 square feet of floor area shall be provided for each person residing on the property. ( c ) A minimum of 150 square feet of fenced, outdoor play area with a minimum dimension of ten ( 10 ) feet shall be provided for each ambulatory child under the age of sixteen ( 16) . ( d) In no way shall the appearance of the dwelling be altered whether by colors, materials, construction, lighting , windows , signs, sounds, or any other means so that it may be reasonably recognized as serving other than a residential use. ( e) The number and location of all exits shall comply with the requirements of the Huntington Beach Building Code. For the purpose of this section nonrelated shall mean any person residing on the property who is not related by blood, marriage or legal adoption. 11/87 f 9730 . 52 9730.52 TemporarX Commercial Parking Lots. Temporary parching lots may be permitted tor-a perio�c of five ( 5) years subject to approval of a use permit by the Board of Zoning Adjustments, and compliance with .the following standards : ( a) All parking space dimensions , striping, -driveway widths an layout shall comply with Article 979. (b) Paving shall be two ( 2 ) inches of asphalt over . 90 percent compacted native soil , or as approved by the Department of Development Services . ( c) On-site signs shall not exceed twelve ( 12) square feet, shall not be . more than ten ( 10) feet high, and shall be in accord with the design established for the municipal parking lot at the pier. ( d) Landscaped planters, with an inside dimension of three ( 3 ) feet shall .be provided along street side property lines excluding driveways . ( e) All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications on file in such department . ( f ) All landscaped areas shall have sprinkler systems . ( g) The physical boundaries of the parking lot,. shall be marked by low profile pilasters with chain or cable connectors or low profile wood poles and heavy rope connectors. The design and materials shall be approved by the . Board of Zoning Adjustments . ( h) Landscaping shall be protected .from vehicle and pedestrian damage by one, of the following methods : ( 1 ) Wheel bumpers ( asphalt , concrete, or wood) . ( 2) Asphalt or concrete curbs, or ( 3 ) Any other design that will provide adequate protect.ion,t ' approved by the Board of Zoning Adjustments . ( i ) Parking lots equipped with automatic entry devices shall locate such devices at the entrance, set back twenty ( 20 ) feet from the right-of-way, or at a distance determined by the Board of Zoning Adjustment.s . i f 11/87 9730. 54--9730. 56 9730.54 Temporary Commercial Parking Lots. Revocation of Use Permit.rmit. ' The Board of Zoning. Adjustments may revoke a use permit for any temporary commercial parking lot when the i permittee fails to comply substantially with any of the conditions of approval or applicable provisions of the city codes, including failure to maintain the site in a clean, orderly condition, free of all debris and trash . i 9730.56 Seasonal Parking Lots. Seasonal parking lots may be permitted from Memorial Day through the third weekend in September within one thousand ( 1, 000 ) yards of the mean high i tide line of the Pacific Ocean for a� maximum of five ( 5 ) successive summer seasons, subject to a-nnual approval of an administrative review application by the Board of Zoning Adjustments. Any seasonal parking lot which has operated for two consecutive summer seasons may thereafter be required by the Board to conform to the requirements set out in this article for temporary commercial parking lots . The following standards shall apply to seasonal parking lots : ( a) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three ( 3 ) feet in height, solidly built . At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half ( 1-1/2) inches in diameter securely set in the ground and placed eight ( 8 ) feet on center . ' The posts shall be .connected with at least one ( 1) strand of i one-half ( 1/2) inch cable or chain securely fastened to each post . An opening shall be provided to accommodate vehicle access during business hours . A means of closing and locking of the access opening after business hours shall be provided. ( b) All aisle dimensions, bay depths, driveway widths, circulation and turning radii , shall comply with Article 979 herein and Fire Department requirements. Median lines of parking bays shall be marked off by a physical barrier such as concrete wheel bumpers , telephone poles or equivalent . ( c ) Lots shall be surfaced to meet minimum specifications as established by the Public Works, Fire,' and Development Services Departments for support of vehicles and -to h provide dust control . ( d) The site shall be maintained i'n a clean condition, free (� from trash and debris . Trash containers shall be placed �• on the site sufficient to accommodate and store all trash that accumulates on the lot . f 11/87 9730 . 56--9730 . 58 ( e) Lots shall be . secu.red to prevent overnight parking between the closing hour on one business day and the opening hour the following business day . ( f ) An attendant shall be on duty at all times during business hours . ( g) Directional and informational signs shall be displayed on-site to provide identification •of entry into the parking lot and charges for parking and hours of operation . Such signs shall be located at the entrance in a copy size visible to motorists entering the parking . lot'. On-site signs shall not exceed twelve ( 12) square feet and shall not be more than eight ( 8 ) feet high, nor less than six ( 6 ) feet high. Said signs shall be removed from the site each season no later than the third weekend each September . ( h) An approved fire extinguisher shall be provided on the premises during business hours . ( 1) A certificate - of insurance for combined single limit bodily injury and/or property damage including products liability ' in the amount of $300, 000 per occurrence shall be filed with the Department of Administrative. Services . ( j ) ' A hold'harmless agreement holding the city harmless shall also be filed with the Department of Administrative Services . ( Urg . 2693-5/84, 2691-6/84 ) 9730.57 ' Seasonal Parking Lots. Conformance to Standards Prior to Permit. Revocation of Permit . Subsequent to approval of an application for a seasonal parking . lot by the Board of Zoning Adjustments, the applicant shall meet all standards, requirements, and install all improvements . The parking lot shall be then inspected and approved by the city prior to issuance of a Certificate to Operate. The Board of Zoning Adjustments- may revoke an administrative review application approval and the Certificate to Operate for a seasonal parking - lot' when the permittee fails to comply with standards and conditions set forth herein . ( Urg . 2693-5/84, 2691-6/84 ) 9730.58 Automobile Related Standards. The following standards shall be applicable in all districts which allow major and minor automobile repair uses not otherwise regulated by this code : ...� 11/87 A 9730. 58--9730 . 64 ( a ) Service bays : ( 1 )• The ingress and egress to service bays shall be designed to minimize visual intrusion onto abutting property zoned or general planned for residential use . ( 2 ) Service bay doors shall be constructed of opaque materials . ( 3 ) Landscaping shal-1 be in compliance with the provisions of this code and shall be designed to conceal service bays and the entrances thereto. ( b) Outside storage : All outside storage shall be completely screened : from view by a masonry wall , not over eight ( 8 ) feet high, and contained behind the front setback . Storage areas shall not be larger than 20 percent of the gross floor area of the main structure . 9730 . 60 Trash Areas: All commercial and industrial uses shall provide bins on-site for the storage of trash and refuse behind the required setback . Such areas shall be enclosed on three ( 3 ) sides by a six . ( 6 ) foot high solid masonry wall and j, equipped with a six ( 6 ) foot gate facing away from the street . The design and materials used in such trash enclosures shall harmonize with the main structure . 9730 . 62 Archeological Remains.. The filing of an application for a . use permit , accompanied by a fee established by resolution of the City Council , shall be required prior to any grading , digging , trenching , or other surficial disturbance to a depth of more than six ( 6 ) inches of any area appearing on an archeological map, or within one hundred ( 100) feet of such area . Archeological maps , adopted by the City Council as part of the Open Space and Conservation Element of the General Plan, are on file and available for inspection in the Department of Development Services . 9730 . 64 Temporary Outdoor Events. ( a ) Except for swap meets which are expressly prohibited , temporary outdoor events , defined in Article 970, not otherwise regulated by the ordinances of this city, shall be permitted at the following locations upon approval of a use permit by the Board of Zoning Adjustments : ( 1 ) Commercial or industrial property . ( 2) Property abutting an arterial highway. ( 3 ) Parking lots , and ( 4) Public or private waterways. 11/87 a 9730 . 64--9730 . 80 ( b) No public hearing shall be required for temporary outdoor events lasting no longer than three ( 3 ) consecutive days . ( c) Other provisions of this code, notwithstanding , an applicant for .a use permit to hold a temporary outdoor event shall appeal an adverse decision of the Board of Zoning. Adjustments within two ( 2 ) days after such adverse decision has been rendered .' 9730 . 66 Residential Parking Requirements . Coastal Zone. Each dwelling unit located in the California Coastal Zone shall have a minimum of two ( 2 ) on-site parking spaces . Such parking spaces may be arranged in tandem for that portion of the total parking. requirement which exceeds the minimum parking requirement of the base zone, and the two-space tandem parking , as required herein, shall be assigned to the same dwelling unit . 9730 . 68 Private Garages and Carports. Residential Uses . All private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building . 9730 . 70 Certificate of Occupancy:" Before any certificate of occupancy can be. issued, the use for which such certificate of occupancy is to be obtained shall comply with all applicable city codes . 9730 . 80 Certificate to Operate . ( a ) Operation of any temporary, provisional or seasonal business or use of property , which does not require a Certificate of Occupancy , is prohibited and a business license will not be issued until a Certificate to Operate is issued by the director . ( b) After final inspection when it is found that the operation of a business or use of a property- complies with the provisions of this code and other applicable laws , the Director shall issue a Certificate to Operate which sh-all contain the following : ( 1 ) The address or location of the business or property . ( 2 ) The name and address of the property owner . ( 3 ) The name and address of the business operator . ( 4 ) A description of the business or use of the property . ( 5 ) A statement that the business or use complies with the requirements of this code . 11/87 = r ' 9730. 80--9730. 85. 1 ( 6) Signature of the Director or his duly authorized representative. (7 ) The dates and/or period of ' time during which the certificate is valid . ( 8 ) Certificate to Operate Fee. Whenever an application is made for a Certificate to Operate, a processing f-ee for the Certificate of Occupancy in an amount established by resolution of the City Council shall be paid to the city. This 'fee shall be in addition to all other required fees . If subsequent review of the application results in denial of the Certificate to Operate, such fee shall not be refunded . ( Urg . 2693-5/84, 2691=6/84 ) 9730.85 Satellite dish antennas. The following provisions shall regulate the installation of satellite dish antennas on residential real property in this city . These regulations are not applicable to commercial or industrial developments. (Ord. 283.1, 18 Jun 86 ) 9730.85.1 General provisions. ( a ) One satellite dish antenna shall only be permitted installation per single-family residential lot, apartment project, or planned residential development . ( b) Maximum width of a satellite dish antenna shall be ten ( 10) feet in diameter . ( c ) All satellite dish antennas, including support struc- tures and wiring , shall be screened from view from adjacent properties and public rights-of-way by the use of walls, fences, and/or landscaping materials . A minimum height of seven (7 ) feet is required for landscaping . ( d ) No advertising or text shall be permitted on a satel- lite i dish antenna. ( e) All antennas and the construction and installation 'thereof shall conform to building code and electrical code regulations and requirements . (,f ) Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material , and be erected in a secure, wind-resistant manner . ( g) Every antenna shall be adequately grounded for protection against a direct strike of lightning . (Ord. 2831, 18 Jun 86 ) 11/87 9730 . 85. 2--'9730 . 85. 4 9730.85.2 Satellite dish antennas attached to: main structures. When attached to a main structure the satellite dish antenna shall : ( a) Not exceed the maximum building height for the dis- trict in which it is ,located; (b) Not encroach into any required setback; h - ( c ) Be screened from view from adjacent property or public rights-of-way through the use of parapet walls or other architectural elements, approved by the director or set back sufficiently from street not to pose a visual obstruction . (Ord . 2831, 18 Jun 86 ) 9730.85.3 Satellite dish antennas detached from main . structures . When detached from a main structure, a satellite Uis'�i antenna shall : ( a) Be limited to a maximum height of ten ( 10 ) feet; ( b) Maintain the setback requirements for accessory' structures; and (c) ' Not be located within a required open space or private recreation area, or required parking space . (Ord. 2831 , 1.8 . Jun 86 ) 9730.85.4 Satellite dish antennas--Exception. A use permit application may be processed for those .sites incapable of receiving signals from an antenna to, be installed pursuant to these regulations . The applicant shall submit documentation that installation at a height greater than permitted, or in another yard. area is necessary. for the reception of usable sat- eilite signals. (Ord. 2831 , 18 Jun 86 ) (prior Law : 495-5/46, 517-10/47, 752-3/60, 1046-4/64, 1130-4/65, 1191-3/66, 1194-4/66, 1222-7/66, 1283-1/67, 1326-6/67, 133577/67, 1351-10/67, 1367-11/67, 1375-12/67, 1395-3/68, 1407-5/68, 1423-6/68, 1441-9/68, . 1648-6/71, 1653-11/71, 1670-9/71 , 1786-11/72, 1821-2/73, 2041-3/76, 2113-11/76, 2127-12/76, 2197-6/77, 2439-8/80, 2487-6/81 , 2556-8/82, 2588-1/83, 2693-5/84 Urg, 2691-6/84, 2730-10/84, 2760-5/85, 2791 , 2808B-12/85 ) I 11/87 CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 5/14/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5.16 Chapter 5.16 Chapter 13.08 Chapter 13.08 �I 6 a Chapter 5.16 � RATES Sections*. 5. 16.010 Rates per employees 5. 16.020 Rates per employees--Minimum license 5.16.030 Application for reclassification--Action 5. 16.040 License classifications designated 5. 16.050 Flat rate payment code letters 5.16.060 Advertising 5.16.070 Amusement activities 5. 16.080 Auctioneer 5. 16.090 Bankrupt sale 5. 16.100 Bath 5.16.110 Circus 5. 16. 120 Contractors 5. 16. 130 Dancing teacher 5.16.140 House moving 5.16.150 Repealed, Ordinance No. 2022, 1 Jan 76 5. 16. 160 Junk collector 5. 16.170 Junk dealer and auto wrecking 5.16.180 Music or fine arts teacher 5. 16. 190 Office building 5. 16.200 Oil business--Nonproduction 5. 16.210 Outdoor theaters 5.16.220 Pawnbroker 5. 16.230 Peddler 5. 16.240 Public dance hall , public dance and dinner dancing place 5. 16.250 Public utilities 5.16.260 Rooming house, apartment house, motel , bungalow or auto court 5. 16.270 Skating rink 5. 16.280 Small stands and businesses--Temporary and permanent 5. 16.290 Solicitor or canvasser 5. 16.300 Soliciting on streets for hotels or dining rooms 5. 16.310 Stockyard auction 5. 16.320 Trailer parks 5.16.330 Transportation, trucking and hauling--Established place of business 5. 16.340 Transportation, trucking or hauling--No business location 5. 16.350 Transportation, trucking or hauling--Exceptions from fee 5.16.360 Transportation, trucking or hauling--Dump and tank trucks 5. 16.370 Truck rental or leasing 5. 16.380 Passenger vehicle rental or leasing 5. 16.390 Trailer rentals 5. 16.400 Transportation--Water 5. 16.410 Vending, bulk-vending and amusement machines 5. 16.420 Water companies 5. 16.430 Repealed, Ordinance No. 2022, 7 Jan 76 10/88 6 T 5.16.010--5.16.040(a) n 5.16.010 Rates per employees. The following rates shall apply to business licenses: First three employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Next nine persons, per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.75 Next forty persons , per employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.25 All other employees in excess of forty, per employee. . . . . . . . . . . . . . $1 .50 (766-7/60, 904-6/62, 1605710/70, 2022-1/76, 2965-10/88) 5.16.020 Rates per employees--Minimum license. The minimum license in each classification shall be $45.00 per year. In any case where a licensee or an applicant for a license believes that this individual business is not assigned to a proper classification under this chapter because of circumstances peculiar to it, he may apply to the finance director for reclassification. Such application shall contain such information as the finance director may deem necessary and require in order to determine whether applicant' s individual business is properly classified. The finance director shall then conduct an investigation, following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. (766-7/60, 904-6/62, 1605-10/70, 2965-10/88) 5.16.030 Application for reclassification--Action. The finance director shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Huntington Beach, California, postage prepaid, addressed to the applicant at his . last known address . Such applicant may, within fifteen days after the mailing or serving of such notice, make written request to the city clerk for a hearing on his application for reclassification. If such request is made within the time prescribed, the city clerk shall cause the matter to be set for hearing before the city council within fifteen days. The city clerk shall give the applicant at least ten days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassification. The city council shall consider all evidence and its findings thereon shall be final . Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. (766-7/60, 904-6/62, 1605-10/70) 5.16.040 License classifications designated. Every person described in the following classifications who engages in business within the city shall pay a license tax based upon the average number of employees at, the rates hereinafter set forth: (a) Classification A. Abstractor of titles. Advertising agent Accountant Agricultural advisor or counselor Accounting service Appraiser 10/88 5. 16.040(a)--5. 16.040(b) Aquarian chirothessian Geologist Architect Herbalist Assayer Industrial relations consultant Attorney at law Insurance adjuster Auctioneer Interior decorator Auditor Investment counselor Bacteriologist Labor relations consultant Bail bond broker Landscape architect Barber shop Lapidary Beauty shop Mechanical engineer Business management consultant Mortician Certified public accountant Naturopath Chemical engineer Oculist Chemist Optician Child nurseries (4 children or more) Optometrist Chiropodist Oral surgeon Chiropractor Orchard care Civil engineer Osteopath physician Claim adjuster Physician Construction engineer Physician and surgeon Consulting engineer _ Private home for the aged Dancing academy (4 persons or more) Dealers in stocks, bonds Real estate broker and other securities Real estate office Dental laboratory Sanitation engineer ` Dentist Stocks and bonds broker Designer Surgeon Detective Surveyor Detecti.ve agency Taxidermist Draftsman Trade or business school Drugless practitioner Tree remover Electrical engineer Tree surgery Electrologist Tree trimming Employment agency or bureau Veterinarian Fine arts or music school and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor in subsections (f) , (g) , or (h) of section 5.04.010; provided that licenses for contractors not maintaining a fixed place of business in the city may, at the option of applicant for such license, be based upon the flat rate fees prescribed in section 5. 16.050. 10/88 5.16.040(c)--5. 16.060(d) (c) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares , merchandise, or produce, comes under this classification. (d) Classification D. Any person conducting, managing or carrying on a business. consisting mainly of selling at retail any goods, or conducting and maintaining a. recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. (327-4/29, 766-7/60, 838-6/61 , 904-6/62, 1605-10/70) 5.16.050 Flat rate payment code letters. Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual , quarterly, monthly, weekly or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60, 904-6/62) 5.16.060 Advertising. The fees for advertisers shall be as follows: (a) By distributing samples or handbills, provided that this section shall not apply to any person, employee, agent or representative of any person who already has a city license as provided elsewhere in this chapter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 A (b) By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined in Article 976 of the Huntington Beach Ordinance Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $82.50 A (c) By vehicle containing amplifier, phonograph, loudspeakers, etc: for each vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $82.50 A Or at the option of the licensee, for each vehicle. . . . . . . . . . . . . . . $22.50 D If any such vehicle is used by a city licensee to advertise solely his own business and such vehicle is regularly registered and licensed by the state to such licensee, then the fee for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30 A Or at the option of the licensee, for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 D (d) By means of stereopticon, biograph, moving pictures or similar device (not moving picture theaters) used outdoors . . . . . . . . . . . . . . $195 A Or, used indoors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $82.50 A (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 10/88 5. 16.070--5. 16. 110 5.16.070 Amusement activities. License fees are imposed for amusement activities as follows: (a) For any bowling alley, the first six lanes, a minimum fee of $307.50 per year; for each lane over six (6) . . . . . . . . . . . . . . . . . . . . . . $50 A (b) For boxing or wrestling exhibitions per exhibition . . . . . . . . $30 (c) Carnival , tent show or open-air show or in hall or building constructed for theatrical purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157.50 D In addition, for five concessions. or less. . . . . . . . . . . . . . . . . $37.50 D In addition, for each concession in excess of five . . . . . . . $13.50 D .(d) For each juke box, phonograph or motion picture device operated by insertion of coin, per machine . . . . . . . . . . . . . . . . . . . . . . . . . $22.50 A (e) The owner of the business shall be held responsible for the full amount of the license fee if the operator, exhibitor, machine owner, lessee or other person has not paid the fee when due and payable. (766-7/60, 904-6/62, 1604-10/70_, 2594-2/83) 5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose permanent place of business-, as filed with the California �. Auctioneer Commission, is located in the city of Huntington Beach, the fee shall be subject to rates per employees as detailed in section 5. 16.010. (766-7/60, 904-6/62, 1604-10/70, 2784-9/85) 5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person, the fee shall be $30 D. 5.16.100 Bath. For every person conducting, managing, or carrying, on the business of giving steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating, any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommod'ati'ons, the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $82.50` A (766-7/60, 904-6162, 1604-1r0/70) 5.16.110 Circus. With seating capacity under four thousand, the� fee shall be: Firstday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $232.50 D Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157.50° D With seating capacity over four thousand, the fee shall be: Firstday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $307.50 D 10/88 5. 16. 110--5. 16. 170(b) Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157.50 D for every sideshow in conjunction with a circus, the fee shall be $22.50 D For every concession in conjunction with a circus, the fee shall be $15 D (766-7/60, 904-6/62, 1604-10/70) 5.16.120 Contractors. Every person engaging in business in this city as a .contractor, as defined in subsections (e) , (f) , and (1 ) of section 5.04.010, who does not engage in such business from a fixed place of business within this city, and who elects to exercise the option provided for in section 5. 16.040, shall pay a license fee as indicated herein: General engineering and/or general building contractor . . . . . . . . . . . $112.50 A Specialty, subcontractor, or other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60 A (766-7/60, 904-6/62, 1604-10/70) 5.16.130 Dancing teacher. Every person engaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing- is given, shall pay a fee of . . . . . . . . . . . . . . $ 37.50 A (1604-10/70) 5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures, shall pay a fee of . . $ 82.50 A j (766-7/60, 904-6/62, 1604-10/70) 5.16.160 Junk collector. (a) For every person conducting, managing or carrying on the business of junk collector, the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . $157.50 A or at the option of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . $15 D (b) For the purpose of this section, a "junk collector" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail , rags, bottles, papers, cans, metal or other articles of junk. (766-7/60, 904-6/62, 1604-10/70) 5.16.170 Junk dealer and auto wrecking. (a) For every person conducting, managing or carrying on the business of junk dealer or auto wrecker, the fee shall be . . . . . . . . . . . . . $157.50 A (b) For the purpose of this section an "auto wrecker" means and includes any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. (766-7/60, 904-6/62, 1604-10/70) 10/88 ° 5.16.180--5. 16.220 5.16.180 Music or fine arts teacher. Every person engaged in the profession of .teaching music, dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place of business where such teaching is carried on, shall pay a fee of . . . . . . . . . . . $45 A. (Ord. 1604, 21 Oct 70; Ord. 904, 6/62; Ord. 766, 7/60) 5.16.190 Office building. For every person conducting, managing or carrying on the business of operating an office building, for each office therein the fee shall be . . . . . . . . . . . . . . $7.50 A and for each unit/office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . $3 (1604-10/70) 5.16.200 Oil business--Nonproduction. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the city, the business or activity of oil well , injection well , or water-source-well drilling or servicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or any petroleum products, or byproducts, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance with section 5. 16.010. Nothing in this section shall be deemed to apply or relate to actual oil or gas production operations. (1652-9/71 ) 5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motions pictures are exhibited the license fee shall be: Number of Stalls Fee per Year First500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $307.50 All over 500 (per stall ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60, 904-6/62, 1604-10/70) 5.16.220 Pawnbroker. For the purpose of this section the term- "pawnbroker" shall include every person conducting, managing or carrying on the business of lending money either for himself or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the lending of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States. The license fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $457.50 A (766-7/60, 904-6/62, 1604-10/70) 10/88 f . 5. 16.230--5. 16.240(c) 5.16.230 Peddler. Peddlers of flags , banners, balloons, cones, horns, kites_, noise-making instruments, toys , notions, souvenirs or similar goods or novelties of any description other than from a stand, tent, wagon or other vehicle shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10 D orby vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67.50 A Peddlers of any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and delivering any goods for human consumption directly to the consumer thereof, by means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or, in the case of food catering vehicles , from place to place, within this city shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 D or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67.50 A Provided, however,. that issuance of a license to any person,. firm or corporation under this section shall not be construed to permit violation by such person, firm or corporation of Chapter 9.64. The license tax prescribed by this section shall cover one person and in the case of route peddlers, one-vehicle only and an additional like fee shall be paid for each additional such person or vehicle so engaged. Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5. 12.050 and 5.12.060. (1604-10/70, 904-6/62, 838-6/61 , 766-7/60) 5.16.240 Public dance hall , public dance and dinner dancing place. Every person conducting, managing or operating a public dance hall or dinner place shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $307.50 A Every person conducting, managing or operating a public dance shall pay a fee of (per dance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: (a) "Public dance hall " means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. (b) "Public dance" means a dance open to the public for an admittance fee or charge, which is held on one day only. (c) "Dinner dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. (766-7/60, 904-6/62, 1604-10/70) 10/88 f 5. 16.250--5. 16.310 5.16.250 Public utilities. ""Any public utility operating in the city under a franchise or franchises from the city, or applicable therein; and which makes franchise payments thereunder is subject to the provisions of- this chapter only to the extent it engages in retail merchandising not covered- by the franchise in the city. (766-7/60, 904-6/62, 1604-10/70) 5.16.260 Rooming house apartment house motel bungalow or auto court For every person conducting, managing, or carrying on the business of operating an apartment house, rooming house, motel , bungalow court or auto court consisting of three or more rental units, the fee shall be $7.50 A and $6 per unit. (766-7/60, 904-6/62, 1604-10/70) 5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or .park, the license fee shall be $157.50 A. (766-7/60, 904-6/62, 1604-10/70) _ 5.16.280 Small stands and businesses--Temporary and permanent Every person, not having a regularly established place of business in this city, who sells or offers for sale goods or articles of any description in his possession, or services, at.,, on or from a stand upon any public street, alley or public place, or in or from a doorway of any room ,r:,r building, or unenclosed or- vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall pay a fee of $45; or, at the option of the licensee, $10 D. (766-7/60, 1604-10/70) 5.16.290 Solicitor or canvasser. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged, the fee shall be. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.50 D Prior to the issuance of any license under this section, each applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5. 12.050 and 5.12.060. This//'s'ection shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in the city as provided elsewhere by this title, or who takes orders only from businesses licensed under this title. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 5.16.300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel , inn, rooming house, lodging house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation, the fee shall be $82.50 A. (766-7/60, 904-6/62, 1604-10/70) j5.16.310 Stockyard auction_ For every person conducting, managing or carrying on any stockyard, sales, stable or corral where horses, cattle, goats , sheep, mules and other livestock are bought, sold or exchanged at public auction, the license fee shall be $157.50 A. (1604-10/70) 10/88 t 5. 16.320--5. 16.350 5.16.320 Trailer_Darks. For every person conducting, managing or carrying on the business of trailer park or mobilehome park the license fee shall be $82.50 annually for the first twenty-five (25) trail-er spaces and $2.25 for each additional trailer space. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 5.16.330 Transportation trucking and hauling--Established place of business. Every person engaged in the business , in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods, wares, merchandise, products of any nature, raw materials , pipe or castings, tanks or machinery or tools of any description, when said person has an established place of business within the city, shall pay an annual license fee in accordance with the following schedule for each and every motor vehicle so used or operated in excess of one vehicle: for vehicles with a manufacturer' s rated capacity of under one ton $7.50 A for vehicles with a manufacturer' s rated capacity of under three tons, but one ton or over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.50 A for vehicles with a manufacturer' s capacity of three tons or over $30.00 A (766-7/60, 838-6/61 , 904-6/62, 1604-Oct 70) 5.16.340 Transportation. trucking or hauling--No business location_ Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, and who uses the public streets or highways of this city for the purpose of such use or operation for the delivery or transportation of any goods , wares, merchandise, products of any nature, raw materials, waste materials , pipe or casting, tanks , machinery or tools of any description or in connection with rendering services for fees, when said person does not have an established place of business within this city, shall pay an annual license fee of $45 for each and every vehicle so used or operated other than those vehicles described in sections 5.16.340 and 5. 16.350. (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 5.16.350 Transportation. trucking or hauling_--Exceptions from fee. No fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this city if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this city upon an average of more than thirteen in any quarter of the year. More than thirteen such trips or hauls within any quarter shall be deemed doing business within this city. A business shall be deemed conducted within this city if an office or agency is maintained here or if transportation business is solicited here. (766-7/60, 838-6/61 , 904-6/621 1604-10/70) 10/88 '�� 5. 16.360--5. 16.380 5.16.360 Transportation. trucking or hauling--Dump and tank trucks. Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation, hauling or delivery or removal of crude oil , petroleum products or petroleum byproducts in any form, rotary mud, sand, dirt fill , asphalt, water, machinery of any description, or any other articles or commodity not otherwise classified in sections 5.16.330 and 5.16.340, who uses the public streets or highways of this city for the purpose of such use or operation, who is not required to pay the license or fees as set forth in sections 5. 16.330 and 5.16.340, shall pay an annual license fee based upon each motor vehicle so used or operated of . . . . . . . . . . . . . . . . . . . . . . . . $37.50 for each vehicle with. single rear axle $22.50 A for each vehicle with dual rear a°xle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.50 A (b) Tank Truck or Tank Wagon (semi-tractor and front trailer as one tank truck or tank wagon) . for each tank truck or tank wagon . . . . . . . . . . . . . . . . . . . . . . . . . $67:50 A for each additional tank truck, wagon or trailer . . . . . . . . . . $13.50 A (766-7/60, 838-6/61 , 904-6/62, 1604-10/70) 5.16.370 Truck rental or leasing. r~ (a) Every person conducting, managing or carrying on the business of renting or leasing the use of any truck or motor-propelled vehicle for the transportation of materials, commodities or products, or the transportation of any other object, to be driven by the person or employees or other representative of the person hiring the same at rates per mile, per trip, per hour, per day, per week, per month, per .year or any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $45 plus $15 for each truck or vehicle over one used in the business . (b) In the case of persons operating trucks or vehicles in this city, within the meaning of sections 5. 16.330 through 5. 16.350, when such truck or vehicle has been rented from a truck rental business or agency, the person having rented or hired such truck or vehicle shall pay the license fee prescribed in sections 5.16.330 through 5.16.350, whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or leased over one used in the business. (766-7/60, 838-6/61 , 904-6/62, '1604-10/70) 5.16.380 Passenger vehicle rental or leasing. Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the 10/88 5.16.380--5.16.410(a)(1 ) person or employee or other representative of the person hiring, renting or leasing the same at rates per mile, per trip, per hour, per month, per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $45 plus $7.50 for each vehicle over one used in the business. Provided that where a person conducts , manages or carries on the rental or leasing of both trucks and passenger vehicles as one and the same business, from the same place of business , the payment of only one annual license fee of $45 will be required in addition to the prescribed fees for each vehicle over one used in the business. (766-7/60, 904-6/62, 1604-10/70) 5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of $37.50 plus $1 .50 per wheel for all trailers used in the business. (766-7/60, 904-6/62, 1604-10/70) 5.16.400 Transportation--Water. Every person engaged in the business, in whole or in part, of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers , whether fee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods, wares, merchandise, products of any nature, raw materials, waste materials, pipe or castings, tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: for the first vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 A for each and every vessel so used or operated in excess of one vessel : less than sixteen feet in length . . . . . . . . . . . . . . . . . . . . . . . . . . $15 A Sixteen feet or over but less than twenty-six feet in length $22.50 A Twenty-six feet or over but less than forty feet in length $30 A Forty feet or over in length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $37.50 A (904-6/62, 1604-10/70) 5.16.410 Vending bulk-vending and amusement machines. (a) Every person owning, conducting, transacting, managing, operating or carrying on the business of providing, furnishing, letting the use of, distributing or maintaining any vending machine, bulk-vending machine and/or amusement machine, as defined in this title, and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: (1) Vending Machines: Service machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.50 A and for each service machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3 A 10/88 5.16.410(a)(1 )--5.16.420 All others: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.50 A for each machine charging 1¢ to and including 4¢ . . . . . . . . . . . . . . . . . $2 A for each machine charging 5¢ to and including 9¢ . . . . . . . . . . . . . . . . . $6 A for each machine charging 100 and over . . . . . . . . . . . . . . . . . . . . . . . . . . . $12 A for each cigarette vending machine . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . $25 A Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof. (2) Bulk-vending Machines: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.50 A for each machine charging 1¢ to and including 4¢ . . . . . . . . . . . . . . . . . $2 A for each machine charging 50 to and including 9¢ . . . . . . . . . . . . . . . . . $4 A for each machine charging 100 or over . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60 (3) Amusement Machines: for each pinball machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50 A for each pool /billiard machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50 A for all other amusement mac.hines . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50 A (b) In the event any license fee provided by this section on any vending or bulk-vending machine is not paid when due and payable, the owner of the �. business on whose business premises such vending or bulk-vending machine is located, shall be jointly and severally liable to pay the full amount of such license fee. (c) A person having a business license in connection with a fixed place of business in this city is not exempt from payment of license fees otherwise imposed by this chapter. (d) A minimum annual license fee of $307.50 shall be paid by each game arcade, amusement center room, business or parlor containing an aggregate of four or more pool tables , billiard tables, pinball machines, electronic video screen game machines, and/or other amusement devices . The fees levied under this section shall be credited toward such minimum. (2594-2/83, 1461-2/69, 904-6/62, 838-6/61 , 766-7/60) 5.16.420 Water companies. An annual fee of $7.50 and 750 per customer for the maximum number of customers at one time during the preceding calendar year. (766-7/60, 904-6/62, 1604-10/70) 10/88 3.08.010 0 Chapter 13.0g BEACH REGULATM (80-8/11 , 341-10/30, 344-10/31 , 554-12/49, 769-7/60, 831-4/61 , 861-9/61 . 911-7/62, Urg 1306-3/67, 1509-7/69, 1535-11/69, 1588-8/70, 1743-5/72, Urg 1776-9/72, 1856-8/73, 1935-11/74, 2138-1/77, 2768-5/85, 2851-8/68, 2882-12/86, 2907-8/87) Sections: 13.08.010 Unlawful acts ' 13.08.020 Defacing and/or destroying public property 13.08.030 Littering 13.08.040 Dangerous objects in bathing area 13.08.050 Camps prohibited 13.08.060 Fires 13.08.070 Dogs and other animals 13.08.080 Soliciting 13.08.090 Alcoholic beverages--Possession 13.08.100 Alcoholic beverages--Permits--Terms 13.08. 110 Alcoholic beverages--Permits--Revocation or suspension 13.08. 120 Hazardous water sports 13.08. 130 Hazardous articles 13.08. 140 Beach games and practices 13.08.150 Digging 13.08. 160 Spear Guns 13.08.170 Jumping from municipal piers and public bridges 13.08.180 Climbing on rails of municipal pier or bridges 13.08. 190 Climbing on lifeguard stations 13.08.200 Leaving hazardous objects 13.08.210 False alarms 13.08.220 Interfering with lifeguard 13.08.225 Interfering with park ranger 13.08.230 Causing object to reflect 13.08.240 Curfew 13.08.250 Fireworks 13.08.260 Electrical outlets 13.08.270 Speaker systems 13.08.280 Vehicles--Regulation 13.08.290 Vehicles--Speed 13.08.300 Delivering concessions 13.08.310 Parking 13.08.320 Traffic control signs 13.08.330 Removal of sand 13.08.340 Glass containers on beach 13.08.010 Unlawful acts. It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the boundaries of any beach, within the city limits, owned, operated, controlled or formed by the city council of the City of Huntington Beach, any acts in the following sections. (769-7/60, Urg 1306-3/67) , 10/88 13.08.020--13.08.090 13.08.020 Defacing and/or destroying public property. No person shall cut, carve, hack, remove, deface or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other structure, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory, restroom, building, sign or other structure therein, any initial , name writing, printing, drawing or vulgar, profane or obscene word or picture. (769-7/60) 13.08.030 Littering No person shall deposit or discard or leave any , handbill , bottle, can or rubbish or trash or debris on the beach or in the Pacific Ocean, other than in those receptacles provided for such purpose, or to deposit in any commode or urinal in any public toilet any newspaper, rag, part of clothing or any item likely to clog said commode or urinal . This section shall not be interpreted to prohibit distribution of any constitutionally protected material . (80-8/11 , 769-7/60, Urg 1306-3/67) 13.08.040 Dangerous objects in bathing area. No person shall throw, cast, deposit or cause to be thrown, cast or deposited on the beach of the Pacific Ocean, below the high tide line in this city, any glass, bottles, tin cans, nails, rubbish, trash or any article whatsoever that is or may become a menace to life or limb to any person or bather in said ocean or on said beach. (80-8/11 , Urg 1306-3/67) 13.08.050 Camps prohibited. No person shall maintain any camp or occupy the same at any place on the beach of the Pacific Ocean within the city except by special permit issued by the director of harbors and beaches. (341-10/30) 13.08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon, except in the fire rings provided therefor. (769-7/60, Urg 1306-3/67) 13.08.070 Dogs and other animals. No person having the care, charge or control of any dog or pet or domesticated or wild animal or reptile, shall permit or allow said dog, pet, domesticated or wild animal or reptile to be, under any circumstances or conditions, on or upon the municipal pier, or upon the public beaches in the city; except that upon those beach areas located north of the line created by extending the northern curbline of Goldenwest Street to the Pacific Ocean, dogs constrained by a leash no longer than six (6) feet in length are permitted. (344-10/31 , 554-12/49, 769-7/60, 2907-8/87) 13.08.080 Soliciting. No person shall engage in the business of soliciting, selling or peddling any liquids or edibles for human consumption, or to distribute circulars, or to hawk, peddle or vend any goods, wares or merchandise except .pursuant to a permit issued under the authority of the director of harbors and beaches. (769-7/60) 13.08.090 Alcoholic beverages--Possession. Except as hereinafter provided, no person shall , on or upon the beach or pier within the city limits of Huntington Beach consume, sell , purchase, give away or have in his possession any alcoholic beverage, or transport or deliver to any person or persons therein any alcoholic beverage. (769-7/60, Urg 1306-3/67, 1588-8/70) 10/88 13.08.100--13.08.110(e) 13.08.100 Alcoholic beverages--Permits--Terms. The city council may grant permits for the sale and consumption of alcoholic beverages under the following terms and conditions: (a) The kind or kinds of permitted alcoholic beverages shall be named in the permit. (b) Each- permit shall require that all alcoholic beverages be sold and consumed on permittee' s premises, the location and area of permittee' s premises to be set forth in said permit. (c) That there be compliance with all other city, county and state laws and regulations . (d) Such other terms and .conditions as are reasonably required to protect the peace, health, welfare or safety of the public. (e) The permit shall not be transferable. (f) The permit shall expire one year from and after the date of issuance, unless sooner revoked as provided by this chapter. (g) Nothing herein contained shall be construed as permitting the sale, use, possession or consumption of any alcoholic beverage on the beach or pier except pursuant to and as limited by a permit, as above set forth. (769-7/60, Urg 1306-3/67, 1588-8/70) 13.08.110 Alcoholic beverages--Permit--Revocation or suspension. Permits are subject to suspension or to revocation by the city council after notice to permittee and public hearing, (a) Permittee I--,as made a substantial misrepresentation in his application for permit; (b) Permittee or any of his employees has violated any laws or regulations concerning the operation of the business, or any terms or conditions of the permit; (c) Permittee or any of his employees has been convicted of any crime involving moral turpitude; (d) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous drugs without reporting such incidents to the police department without unnecessary delay or not more than twenty-four (24) hours after the commission thereof; (e) Permittee or any of .his employees has caused or permitted any breach of the peace on such premises, or has performed or permitted any act against the peace, health, welfare or safety of the public. (769-7/60, Urg 1306-3/67, 1588-8/70) 10/88 13.08.120--13.08. 120(e) 13.08.120 Hazardous water sports. The following regulations shall apply to water sports: (a) In order to protect the public health, safety and welfare, the city council may, by resolution, fix the hours during which no person in the water of the Pacific Ocean within three hundred yards of the mean high tide line thereof, within the city shall use or have in his possession any surfboard, paddleboard, bellyboard, skimmer, canoe, boat or any similar object made entirely or partially of wood, metal , hard plastic or any other hard substance; provided, however, no person shall use or have in his possession any hazardous articles, as defined in section 13.08. 130, in any area of the water 'of the Pacific Ocean, or within three hundred yards of the mean high tide line thereof, within the city limits of Huntington Beach, designated as a hazardous water sport area by the director or his authorized agent, based on prevailing weather, water conditions, density of use, and/or other hazard inducing conditions . (b) The director or his authorized agent, shall give notice of the time during which hazardous water sports, as defined herein, are prohibited. Such prohibition shall be effective when a yellow flag having dimensions of 2 feet by 2 feet, and having a solid black circle in the center, one foot in diameter, commonly known as a "black ball " flag, is prominently displayed from a lifeguard tower, station, pier or f similar structure. (c) During the times the "black ball " flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean adjacent to the beach within two hundred yards of the point of the display of the "black ball " flag, provided that where the "black ball " flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures, that all waters of the Pacific Ocean adjacent to the beach shall be restricted to swimming and bathing only. (d) No person shall fail , refuse or neglect to leave the waters of the Pacific Ocean adjacent to the beach when such restriction and prohibition, as set out in this section, is in force. (e) Notwithstanding any provision of this section, the director, or his authorized agent, may from time to time designate certain areas to be used exclusively by persons using surfboards and paddleboards. Such designation may be revoked at any time and the area covered by any such designation may be enlarged or reduced at any time. No person shall swim or bathe in the waters of the Pacific Ocean included in such area so designated except while using a surfboard or paddleboard. (769-7/60, 331-4/61 , Urg 1306-3/67, 1743-5/72, Urg 1776-9/72, 1856-8/73) 10/88 13.08. 130--13.08.200 13.08.130 Hazardous articles. No person shall use any surfboard, paddleboard, skimmer, bellyboard, rubber life raft, canoe, boat, or any similar object made entirely or partially of wood, metal , glass, hard plastic or any other hard substance at any time, on the beach or in the Pacific Ocean in a manner that constitutes a hazard to any other person. (769-7/60, Urg 1306-3/67) 13.08.140 Beach games and practices. No person shall use any hard ball , softball , bat football , volleyball , shot put, hammer throw, javelin, boomerang, flying saucer or any athletic apparatus or game, or similar object, or conduct or participate in any sport or game at any place thereon, outside of the area provided thereof, or to conduct or participate in any sand throwing, blanket throwing or any sport that constitutes a hazard to any person. (769-7/60, Urg 1306-3/67) 13.08.150 Digging_ No person shall dig or cause the digging of any hole in the sand exceeding a depth of two feet. Any person who digs, or causes to be dug, any hole upon the beach shall fill the hole before leaving the beach area. (769-7/60) 13.08.160 Spear-guns. No-person shall have any spear gun or similar underwater fishing device in his or her possession on the shore of any beach unless the point of such device is covered by a sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the beach, or in swimming areas therein. (769-7/60, Urg 1306-3/67) 13.08.170 Jumping from municipal piers and public bridges. No person shall dive, jump or enter the water from the municipal pier or any part thereof; provided, however, that this section shall not apply to the regularly employed lifeguard personnel of the city who are engaged in lifeguard training or in emergency jumps from the pier or bridges for the purpose of saving lives and/or property. (769-7/60, 911-7/62) 13.08.180 Climbing on rails of municipal pier or bridges. No person shall sit, walk or balance on the rails of the municipal pier or public bridges or climb upon, over or under such rails, or sit, walk, balance or climb upon or over any cement walls which may be adjacent to such rails. (769-7/60, 911-7/62, 1935-11/74) 13.08.190 Climbing on lifeguard stations. No person shall climb or cause someone else to climb on any lifeguard station or ladder on the beach or municipal pier unless told to do so by an official employee of the city. (769-7/60, Urg 1306-3/67) 13.08.200 Leaving hazardous objects. No person shall lay or cause to be laid, any surfboard, paddleboard or similar object against any lifeguard station or municipal structure. (Urg 1306-3/67) 10/88 13.08.210--13.08.280 13.08.210 False alarms. No person shall cause .a false rescue or call for help when it is not needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his tower or to have his attention drawn to a false alarm. (769-7/60, Urg 1306-3/67) 13.08.220 Interfering with lifeguard. No person shall willfully resist, delay or obstruct any lifeguard in the discharge or attempt to discharge any duty of his position. (Urg 1306-3/67) 13.08.225 Interfering with park ranger. No person shall willfully resist, delay or obstruct any park ranger in the discharge or attempt to discharge any duty of his position. 13.08.230 Causing object to reflect. No person shall use a mirror, glass or any similar object to cause the sun to reflect thereon so as to interfere with the vision of any lifeguard or other person(s) . (Urg 1306-3/67, 1535-11 /69, 1743-5/72) 13.08.240 Curfew. No person shall be on the public beach within the city between the hours of 12:01 a.m. and 5 a.m. except upon official business of the city. In the event of'-special circumstances so warranting, the director of harbors and beaches, in his judgment, is authorized and empowered to modify temporarily the hours during which the beaches are closed. Said modification to be filed with the city administrator at least ten days prior to the requested date. (769-7/60, 861-9/61 , Urg 1306-3/67) 13.08.250 Fireworks. No person shall light, set off, or discharge or have / in his or her possession, fireworks on the beach. (Urg 1306-3/67, 1509-7/69) 13.08.260 Electrical systems. No person shall use any electrical outlets on the beach without first obtaining written consent from the director of harbors and beaches and paying such fees as may be prescribed. (Urg 1306-3/67, 1509-7/69) 13.08.270 Speaker systems. No person shall play, use or operate, or permit to be played, used or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing sound upon the beach, pier, beach service road or municipal parking lot, at such a volume as unreasonably to disturb the peace, quiet and comfort of persons who are not voluntary listeners thereto. This section does not apply to the regularly employed safety service personnel of the city who use said safety equipment in the course of their daily operations, nor to any public address system authorized by section 13.24.200. (Urg 1306-3/67, 1743-5/72, 1935-11/74) 13.08.280 Vehicles--Regulation. No person shall operate any motor driven cycle, motor driven bicycle, motorcycle, automobile, motor truck or other vehicle or conveyance (regardless of horsepower rating or size) on the beach other than for law enforcement, lifesaving or emergency purposes, or for beach 10/88 13.08.280--13.08.340 maintenance purposes, without the express written consent of the director of harbors and beaches; nor on any roads on which signs are posted prohibiting such activity, nor in any manner or direction prohibited by posted signs, nor on any beach other than on the roads, drives or parking areas designed for such purposes. (Urg 1306-3/67, 2138-1/77) 13.08.290 Vehicles--Speed. No person shall operate any wheeled conveyance of any type on the beach or beach service road at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum speed limit when pedestrians are present shall be 5 miles per hour. (Urg 1306-3/67, Urg 2768-5/85, 2851-8/86) 13.08.300 Delivering concessions. During the period of June 15 to September 15, any and all commercial motor vehicles of any type, must make their deliveries to beach concessions between the hours of 6 a.m. and 11 a.m. (Urg 1306-3/67) i 13.08.310 Parking_ No person shall park any vehicle except in designated parking areas; provided, however, that the director of harbors and beaches is authorized to permit parking along roads and in underdeveloped areas when, in his opinion, such parking will not interfere with beach area operations. (Urg 1306-3/67) 13.08.320 Traffic. control signs. The director of harbors and beaches is authorized and directed to erect and maintain signs at locations he deems appropriate, indicating the speed limits established by the city council for beaches, along roadways and streets herein. The director of harbors and beaches is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. (Urg 1306-3/67) 13.08.330 Removal of sand. No person shall remove, or cause to be removed from the beach, any sand without written permission from the director of harbors and beaches . (Urg 1306-3/67) 13.08.340 Glass containers on beach. No person shall have, possess or use any dangerous article or container such as a bottle, glass, crockery or .other article used for carrying or containing any liquid for drinking purposes upon any beach or adjacent pier area in the city of, Huntington Beach. (2882-12/86) �. 10/88 f CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 5/14/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 961 Article 961 50 9610.1--9610.2(a)(4) grti cTe 961 Sm (917-8/62, 922-9/62, 1105-1,/.65, 1504-8/69, 2155-2/71, 2215-2/77, 2211-10/77, 2292-8/78, 2438-8/80, 2441-8/80, 2832=8/86, Urg 2874-10/'W :29.344/881, 3019-12/89, 3042-6/90) Sections: 9610.1 General provisions 9610.2 Permit procedure 9610.3 Exempt signs 9610.4 Prohibited signs t 9610.5 Permitted signs--Schedule 9610.6 Planned sign program 9610.7 Special sign permit 9610.8 Nonconforming signs--Limited sign permit 9610.9 Miscellaneous provisions 9610.10 Definitions 9610.1 General provisions. The purpose of this article is to promote and protect the public health, safety and welfare by regulating existing and proposed signs of all types-within the city of Huntington Beach in order to assure a quality visual environment, signs which are compatible with their surroundings and which effectively communicate their message. Signs within the City shall be permitted only as specified in this article, shall reflect a common color and style for a site or use, and shall be maintained in good repair with adjacent areas kept free from trash and debris. The Director shall be authorized and directed to enforce the provisions of this article. (2832-8/86) 9610.2 Permit procedure. A sign permit shall be required prior to the placement, erection, reconstruction, alteration or display of any sign, unless expressly exempt by this article. (a) The approval of a planned sign program pursuant to section 9610.6 shall be required prior to application for a sign permit for the following requests: (1 ) Existing developments with five or more activities or five or more identification signs where there is a request for a new freestanding sign. (2) A special sign permit or limited sign permit request at a commercial or industrial center. Such planned sign program shall be made a condition and be approved prior to issuance of sign permit. (3) Exposed neon conduit, tubing, or raceways, and lit fascia panels with or without sign copy. (4) Signs which do not conform to all specific regulations of this article may be authorized by a planned sign program. (5) Changeable copy signs. 6/90 a 96102(b.)--9610.4 (b) A complete sign application submittal shall include three (3) sets of fully dimensioned plans drawn to scale: Planned sign program -packages shall be a maximum of 8 11-2 -x, 11 inches. (1) A letter from -tha, property owner.Approving the proposed signs and authorizing the applicant to submit the sign application in his/her behalf. (2) Sign elevations indicating overall square footage and letter/figure dimensions, letter style, color (indicate standard color number if applicable), materials, proposed copy and illumination method. (3) Building elevations with signs depicted. (4) For wall signs, method of attachment; for freestanding signs, foundation plan, sign support and attachment plan. (5) Type and method of electrical insulation devices, where applicable. (6) Site plan indicating the location of all proposed signs, as well as any existing "signs on the site and their square footages. Photographs should be submitted if available. (7) For planned sign programs, it may be necessary to include a written set of design standards. (2832-8/86) 9610.3 Exempt signs. The following signs are exempt from permit requirements: (a) Governmental signs, notices or posters. (b) Real estate signs subject to the limitations specified in this article. (c) Construction signs as defined by this article. (d) No trespassing signs .as defined by this article and posted a minimum of one hundred (100) feet. apart. (e) Window signs as defined by this article and restricted to a maximum of twenty (20%) percent of the window area. (f) Oil operations signs pursuant to Title 15 of the Huntington Beach Municipal Code. (g) Political signs, provided they do not pose a traffic or safety hazard, are not erected more than forty—five (45) days prior to or removed more than fifteen (15) days after an election. Permission from the property owner shall be secured prior to the placement of such signs. (2832-8/86, Urg. 2874-10/86) 9610,.4 Prohibited signs. The following signs are prohibited within the city of Huntington' Beach: , . 6/90 9610.4(a)--9610.4(o) n (a) Flashing, moving, pulsating, or intermittently lighted signs, including searchlights; except, electronic readerboards and public service signs such as those for tiMe and temperaty:re. (b) . Signs which conflict with any traffic control device due to color, wording, design, location, or illumination, or with the .safe and efficient flow of traffic, both vehicular and pedestrian. (c) Animals or human beings, live or simulated, utilized as signs. (d) Loudspeakers, or signs which emit sound, .odor, or visible matter. (e) Mechanical movement signs. (f) Roof signs as defined by this article. (g) Projecting signs as defined by this article. (h) (Deleted per Ord No. 3042-6/90) (i ) Banners, flags, kites, pennants, or balloons, except if permitted as temporary signs pursuant to section 9610.9(a) . (j) Signs which constitute a nuisance or hazard due to their intensity of light. (k) Billboards or advertising structures, including any off-site signs installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is located, except subdivision directional signs pursuant to section 9610.9(c) . (1 ) Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the sign within sixty (60) days of the business' closing date. (m) Portable signs including "A-frame" signs and those of a similar nature which are not permanently attached to the ground or building. (n) Vehicle signs, signs affixed to automobiles, trucks, trailers or other vehicles on private or public property for the basic purpose of advertising, identifying, or providing direction to a use or activity not related to the lawful use of the vehicle for delivering merchandise or rendering services. Any such vehicles which have as their primary purpose to serve as a nonmoving sign display. (o) Signs on any public property or projecting within the public right-of-way, except political signs and those required by law. This section shall not prohibit the placement of advertising panels on public service items including but not limited to trash receptacles, bicycle racks, bus benches, transit shelters, and telephone booths, within public rights-of-way or in publicly-operated beaches or parks provided such items are placed in accordance with an agreement granted by the City 6/90 9610.4(o)--9610.5 Counci l or a franchise pursuant to the City Charter. Any such advertising shall be subject to the locational criteria contained in Chapter' 112.36 of the Municipal Code and approval by the Planning Commission. (2882-8/86, Org. 2874=10/86, 2934-4/88, 3042-6/90) 9610.5 Permitted signs--Schedule. All signs shall be governed by the following schedule, except if addressed elsewhere in this article. The schedule lists maximum standards for .number, area, and height of allowed signs which does not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to building setbacks, visibility of attached signing on the site, and the proposed sign' s relationship to the overall appearance of the property, to the surrounding neighborhood, and to community goals. Compatible design, simplicity, and sign effectiveness shall be used as guidelines for sign approval . The Planning Commission may, in addition, from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the community. (a) RESIDENTIAL USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT i Neighborhood f/s or 1 per street 1 sq ft per dwelling 6 ft 1. Signs shall be affixed to perimeter wall Identification wall entrance unit, max. 50 sq ft or placed within a landscaped planter. i 2. Sign copy shall be limited to 18 inches in height, name of development only. I One on each side of .5 sq ft per dwelling 3. Freestanding signs shall be setback entrance unit, max. 25 sq ft 20 ft from any interior property line. Placement shall conform to Diagram A. Vacancy Signs for Wall One per street 6 sq ft Below 1. Copy limited to "vacancy", type of unit multi—family developments frontage roofline available, and source of information. 1 6/90 t , (b) COMMERCIAL ~ •USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN 'HEIGHT Alt. A f/s One per site 50 sq ft 7 ft 1. Bonus sq ft stated shall be for signs Business Identification with an opaque background and internal for sites less than 400 ft 60 sq ft for bonus illumination for items of information on one frontage signs only. Alt. B f/s One freestanding sign 30 sq ft 7 ft 2. Signs shall be located in a landscaped Business Identification may be permitted if no planter a minimum of 2 feet wider for corner sites with wall signs are placed 40 sq ft for bonus than the sign itself. Square poles less than 400 ft on one on bldg. identified signs or other architectural treatment and frontage a minimum clearance of 7.5 ft. shall 93 be required, except if the sign is Alt. C Provisions below for 8 ft. or less in height it shall be Business Identification wall signs shall apply of monument type, minimum 2 ft base. for buildings which Wall and no freestanding Placement shall conform with encroach into setback by sign shall be permitted. Diagram A. increased landscaping Separate freestanding signs for center 3. Primary sign copy shall be limited identification shall to center and/or major tenant still be allowed else- identification only. Maximum twelve where as permitted items of information. below. Secondary sign copy shall be limited to business identification only. Alt. D One per street frontage 70 sq ft 15 ft. I Maximum eight items of information. (1) Center Identification f/s No business shall have more than one for sites with over 400 80 sq ft for bonus 15.5 ft. freestanding sign facing each ft on one frontage signs frontage. "N ` 4. Tenant directories shall have low intensity internal or external (2) Secondary business f/s Two per 400 ft frontage 30 sq ft 7 ft illumination, subject to staff identification for sites For sites with over approval, and shall be oriented to with over 400 ft on one 1300 ft frontage, pedestrians and motorists on the site. frontage. number shall be subject Minimum 30 ft setback from exterior to planned sign program property lines. Minimum distance of 25 ft between directory and other freestanding signs on the site. Tenant Directory where f/s One per site 30 sq ft 7 ft site where site has three or wall 5. Monument signs shall be located a or more activities minimum distance of 200 ft apart. Business Identification wall One per street or 1.5 sq ft per lineal ft Below 1. Signs over 50 sq ft in area shall have parking lot frontage fo of bldg frontage. If roofline an opaque background and internal each separate business business has more than illumination for items of information on the ground floor. one frontage, no sign only. shall exceed 1.5 sq ft of the wall it is 2. Placement shall conform to Diagram B. placed upon. 3. One nameplate may be placed at each ( Channel letter signs: door, loading dock, or other entrance 10% bonus after above facing a public street; max 6 sq ft. j ( above calculation. i Max" 200 sq ft per business for all wall f signs. - I I Under !One per business 8 sq ft Minimum I1. Canopy sign shall be.attached Canopy i ground perpendicular to the building face, clear- centered above the store entrance or ante lease length. 8 ft 2. Sign shall be unilluminated. (b) COMMERCIAL (continued) �~ USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Electronic Readerboards (See Section 9610.9 for specifications) Changeable Copy f/s One per site 30% of allowable area See Alt To be combined with permitted sign. — Hotel with convention A, B, C. facility D. I— Live entertainment f/s One per site 30% of allowable area See Alt To be combined with permitted sign. A, B, C, 0. — Tenant Directory f/s One per site (See tenant Directory Above) — Menu Board f/s or One per site 10 sq ft 7 ft May be in addition to permitted sign. wall I (c) INDUSTRIAL AND MIXED USE USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Business Identification f/s One per site Under 1 acre: 32 sq ft 7 ft. 1. Freestanding signs and structures shall I be completely located within a landscaped! Industrial centers over planter. 1 acre: 50 sq ft 2. Freestanding signs shall conform to Diagram A. 3. Signs shall be of monument type. 4. External illumination only. i i Wall One per street or 1 sq ft per lineal ft Below 1. No internal illumination permitted. parking lot frontage of building frontage. roofline 2. One nameplate may be laced at each for each separate P y p business. Channel letter signs door, loading dock, or other entrance ' receive a 10% bonus facing a public street; max. 6 sq ft 1111 after the above calculation. Max. 100 sq ft —� (d) SERVICE STATIONS Business Identification f/s One per site Alternative A: 7 ft 1. Service Stations with convenience markets 20 sq ft if sign shall use Alternative A. contains only identification and no 2. Freestanding signs and structures shall be changeable copy panels completely located within a landscaped panels for pricing. planter. Alternative B: I 3. Signs shall be of monument type. 50 sq ft if price information is !! incorporated on sign. Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site. Wall One per street frontage 1 sq ft per lineal ft Below 1. Internal illumination for channel I of building frontage; roofline letters only. Max. 40 sq ft 2. If canopy fascia signs are used for business identification, no wall signs shall be permitted on the building. ((Canopy One per street frontage 10 sq ft Confined 3. Maximum letter height for fascia signs (Fascia to shall be 75% of the width of the fascia. i III fascia I tl----- i I Fuel Price and credit 4f/s One per street frontage 12 sq ft 6 ft 1. Price signs shall advertise fuel prices information in conjunction with only and no other product available. Alternative A sign. t( Price signs shall be 2. Freestanding signs and sign structures located a minimum 15 ft shall be completed located within a from other freestanding landscaped planter. signs. Pump Instructions or Attached One per canopy column. 2 sq ft 10 ft 1. No other signs shall be permitted on the Identification to pump canopy or column except as specified; island spandrel signs shall be prohibited. column 2. Signs encompassed within a fuel pump or required by State or Federal government shall not be regulated by this ordinance. No signs shall be permitted on the top of the pumps. (e) CHURCHES, SCHOOLS, AND COMMERCIAL RECREATIONAL USES WITHIN.PUBLIC PARKS USF OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Identification f/s One per site 32 sq ft 7 ft 1. Freestanding signs shall be completely located within a landscaped planter. 1 I 2. Signs shall be of monument type. Wall One per use 1 sq ft per lineal ft Below 3. Freestanding signs shall be setback 5 ft� of bldy frontage Max. roofline from any interior property line. 32 sq ft ('h,ingeahie Cnpy f/, hi, leer, s,ie 30% of allowable area 7 ft To he combined with permitted sign. wall One per site 10 sq ft May be in addition to permitted sign. 9610.6--9610. 6(c) (f) PERMITTED IN ALL DISTRICTS USE OF SIGN TYPE MAXIMUM MAXIMUM MAXIMUM OTHER STANDARDS NUMBER AREA PER SIGN HEIGHT Building Identification Wall One per street frontage 2% of the wall face to Shall be 1. Such sign shall be in addition to that for bldgs. over 100 ft in which it is attached; placed which is permitted elsewhere in this height Max. 200 sq ft within article. top 25 ft of bldg REAL ESTATE f/s 1. Real estate signs shall be removed - Residential Districts One per site 8 sq ft 6 ft immediately after sale or lease, which or shall be defined as the close of escrow. - Office/Professional One per site 20 sq ft 10 ft Districts wall 2. Signs shall not be attached to the perimeter walls of residential - Commercial/Industrial One per street frontage 30 sq ft 12 ft communities or create any hazard for Districts traffic or pedestrians. - Miscellaneous/All other One per street frontage 20 sq ft �10 ft 3. Open house signs and flags may be Districts i displayed only during daylight hours and when the property is available for j inspection. Open House Signs and Real f/s IOne sign 6 sq ft I4 ft Estate Flags Open house signs may only be placed at the immediate points of access to a Three flags per sight 2.5 sq ft 6 ft residential subdivision from an arterial. Placement shall be in the parkway only and not in street medians i i or dividers. Directional and f/s One per parking lot 2 sq ft 4 ft 1. No business identification, product Convenience Signs entrance as.approved by information, or logos permitted. Copy the Director or by limited to "entrance,""exit,""drive tanned sign program thru," etc. 9610.6 Planned sign program. The purpose of these provisions is to encourage coordinated and quality sign design as well as permit more flexible sign standards for commercial and industrial centers. The process is not intended, however, to circumvent any of the objectives of this article. The provisions of section 9610.5 shall be used as a guide in the design of a planned sign program which shall be equivalent to minimum standards. The Director shall review and approve planned sign programs subject to the requirements listed below. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved planned sign program. (a) Signs shall reflect a common theme, incorporating similar design elements in terms of materials, letter style, •colors, illumination, sign type and sign shape. (b) Signs shall utilize materials, colors, and a design motif which is compatible with the architecture of the buildings . �(c) Signs shall be consistent with surrounding developments in terms of design, materials and colors. 6/90 9610.6(d) - 9610.8(a)(5) (d) Signs shall not be approved which exceed the permitted square footage delineated in section 9610.5, Permitted signs, by greater than ten (10%) percent. (e) For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the sign program shall be submitted and become part of the approval . A cash bond may be required to guarantee their removal . Appeals to the decisions of the Director shall be made in accordance with section 9815.4. (2832-8/86) 9610.7 Special sign permit. The Planning Commission may grant a special sign permit subject to the findings listed below for requests for supergraphics, for three-dimensional signs, for theatre marquees, and for requests for relief from the strict application of section 9610.5. A special sign permit cannot be processed for those signs listed as prohibited in section 9610.4. (a) Strict compliance with section 9610.5 will result in a substantial hardship to the applicant. (b) The sign will not adversely affect other signs in the area. (c) The sign will not be detrimental to properties located in the vicinity. t (d) The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. Special sign permits shall become effective ten (10) days after approval by the Planning Commission; however if an appeal is filed, a sign permit shall not be issued until the final decision of the City Council . Appeal procedures shall be governed by sections 9842 through 9842.6.2 of this code. (2832-8/86) 9610.8 Nonconforming signs/Limited sign permit. The eventual elimination of existing signs which are not in conformance with the provisions of this article is as much a subject of health, safety, and welfare as is the regulation of new signs. The provisions of this section shall apply to all nonconforming signs . (a) General provisions. A nonconforming sign may not be: (1 ) Changed to another nonconforming sign. (2) Structurally altered so as to extend its useful life. (3) Expanded or altered as defined by section 9610. 10. (4) Reestablished after discontinuance for ninety (90) days or more. (5) Reestablished after damage or destruction of more than fifty (50%) percent of its value. 6/90 9610.8(b)--9610.8(c)(5) (b) Amortization provisions. Existing signs which became nonconforming upon the adoption of Ordinance 2155, �January 3, 1977, shall be modified or removed to comply with all provisions of this article upon expiration of the amortization period listed below or as otherwise required in this section. Existing signs which are rendered nonconforming upon the adoption of Ordinance No. 2832 shall comply with the provisions adopted on January 3, 1977 upon expiration of the amortization period listed below. All signs which incorporate any flashing or moving lighting or any mechanical movement shall cease all flashing, moving, or mechanical movement within thirty days after the adoption of this article. The amortization period shall begin to run and the replacement value for the si-gn shall be based upon its value at the time the provision was adopted that resulted in the sign first being classified as nonconforming, whether the provision is part of the current sign code or was adopted by a prior ordinance. Signs which were erected or altered without benefit of permit shall be immediately removed by the owner upon written notice from the City. Signs replaced or requested to be modified at the owner' s initiative shall comply with all current provisions of this article. Replacement value Time period $500 or less One (1 ) year $501 - $1000 Two (2) years $1001 - $3000 Three (3) years For each $500 .increment Six (6) months Maximum Period Five (5) years (c) Limited sign permit. The owner of a sign which does not conform to the provisions, of section 9610.5 may make application for a limited sign permit to the Planning Commission for permission to change the face or copy of ,such sign. A limited sign permit cannot be processed for signs listed as prohibited in section 9610.4. The Planning Commission may approve the face change and extend a sign' s use for a time period deemed appropriate, not toaexceed two (2). years. A cash bond in an amount determined by the Planning Commission shall be required to guarantee the sign' s removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: (1 ) Due to unique. ci.rcumstances, the sign' s immediate removal will result in a substantial hardship for the applicant. (2) The sign will not adversely affect other lawfully erected signs in the area. (3) The sign will not be detrimental to properties located in the vicinity. (4) The sign will be in keeping with the character of the surrounding area. (5) The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (2832-8/86) 6/90 9610.9--9610.9(c)(2) f� 9610.9 Miscellaneous provisions. (a) Temporary signs. Temporary banners, flags, or pennants may be permitted for a maximum of three (3) times per year for a total of ninety (90) days each calendar year to identify a special event such as a grand opening or anniversary sale. Approval shall be subject to the discretion of the Director for other events; however, a special event shall not mean the occasional promotion of retail sales by a business. A cash bond to guarantee removal shall be required. Automobile dealerships shall be subject to a six (6) month maximum time period provided a planned sign program is approved prior to the display. Sites with electronic readerboards shall be permitted to have temporary signs displayed a maximum of fifteen (15) days per calendar year. (b) Coastal zone--Specific plans. Signs within the coastal zone shall comply with any separate requirements. Signs within the Downtown Specific Plan or any other specific plan area shall comply with any additional requirements outlined within the plan itself or design guidelines. (c) Subdivision directional signs. Subdivision directional signs shall contain only the name of a development, the developer, price information, and directional information for land development projects located within the city of Huntington Beach. No land development project shall be permitted more than six (6) off-site subdivision directional signs and approval for such signs shall be subject to the following standards: (1 ) Location requirements: Signs shall not be located within any public right-of-way. Signs shall not be located on any property developed with residential uses other than that of the subdivision identified. Signs located on the same side of the street shall be a minimum of six hundred (600) feet from any other subdivision directional sign except signs facing each street may be placed at the intersection of arterial highways. Signs a maximum of sixty-four (64) square feet and fifteen (15) feet high may be permitted provided they are set back fifty (50) feet from any adjacent developed property. Signs a maximum of thirty-two (32) square feet and eight (8) feet high may be permitted provided they are set back twenty-five (25) feet from any adjacent developed property. (2) Permit expiration. Permits issued for subdivision directional signs shall expire either one (1 ) year from the date of issuance or on the date the project's units have all been sold, leased, or rented for the first time, whichever is sooner. Annual renewals may be granted for such time as units still exist for sale; however, a renewal may not be granted for signs which are not in conformance with the provisions of this section. 6/90 9610.9(c)(3)--9610.9(d)(2) (3) Street widening. When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency. (4) Required bond. Prior to the issuance of a building permit, the applicant shall file a cash bond in an amount set by resolution of the City Council . The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within fifteen (15) days after the expiration of the permit. If the sign structure is not removed, the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded. (2832-8/86) (d) Electronic readerboards. Electronic readerboards may be permitted subject to the approval of a conditional use permit by the Planning Commission, approval of a planned sign program according to the provisions of Section 9610.6 and approval of the Design Review Board according to the provisions of Article 985. Approval of electronic readerboards shall be subject to the following: (1 ) Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign, the Planning Commission shall make the following findings: The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Ordinance Code; The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicle or pedestrian traffic; and The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining residential neighborhoods. (2) Permitted signs. Electronic readerboards may be freestanding or wall type signs . The maximum number of electronic readerboards shall be one per site. The maximum sign area shall be one hundred fifteen (115) square feet; ninety (90) square feet for message center and twenty-five (25) feet. The maximum height of an electronic readerboard sign shall be twenty-five (25) feet. The electronic readerboard shall have cylinders, a shade screen and a photocell for reducing the intensity of lighting at night. 6/90 9610.9(0)(2)-79610.10 The maximum measurable light output of the electronic readerboard shall not exceed_ fifty (50) foot candles at the property line. (3) Location requirements. The minimum lot_ frontage of the parcel shall be two hundred (200) feet. Electronic readerboards shall be allowed only on parcels abutting a freeway and-on parcels abutting Beach Boulevard_ , excluding the portion along Beach Boulevard designateld as a landscape corridor south of Adams to Pacific Coast Highway. The minimum distance between electronic readerboards shall be one hundred fifty 0 5b) feet. The minimum distance from an electronic readerboard sign to any residence shall be one hundred fifty (150) feet. (4) Other standards. In addition to the electronic r.eaderboar.d sign, .one monument sign, maximum of seven (7) feet in height and a maximum of fifty (50) square feet in sign area, may be permitted and all other signage shall be brought into conformance with the provisions of this article. _Where a site has an electronic readerboard, temporary banners, balloons., flags, etc. , shall be permitted_a maximum of fifteen (15) days per calendar year. The hours of operation of any electronic readerboard shall be limited to 6:30 a.m. to 10:30 p.m. At least ten (10%) percent of the message -time, or any percentage deemed necessary by the City' for emergency conditions, shall be used for public service announcements. Messages in an electronic readerboard ,shall •be no faster than one message every four (4) seconds and the ;ml,n-imum -interval between messages shall be at least one second. Continuous motion of -messages is .not permitted. Light -intensity changes (other .th.an betw.een •day and night u-ses) are .not permitted. 900,10 _Definitions. The following words and phrases, wherever used in this article, shall be construed as defined in this section unless- the context clearly indicates otherwise: C-1 6/90 o 9610.10(1 )--9610. 10(13) (1 ) Activity: a business establishment with direct access to a parking lot or public right—of—way and under separate management from any other business establishment within the same building. (2) Alteration: any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. (3) Area of sign: the area included within the outer dimensions of a sign. For signs without a border or frame (channel or skeleton letters) , the area shall be within a rectangle formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign. (4) Attached sign: any sign which is permanently affixed to a building, including wall signs. (5) Billboard or outdoor advertising structure: a structure of any kind or character erected or maintained for advertising a business, activity, service or product not sold or produced on the premises upon which the sign is placed. (6) Business identification sign: a sign which serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Logos may also be permitted. -M Building frontage: the lineal extent of a building or activity which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area. (8) Canopy sign: any sign attached to the underside of a projecting canopy protruding over a private sidewalk or private right—of—way. (9) Changeable copy sign: any sign designed and intended to have an easily and readily changeable copy, such as an attraction board. (10) Channel letters: individual letters or figures , illuminated or unilluminated, affixed to a building or freestanding sign structure. (11 ) Commercial center: any site containing three (3) or more commercial activities . (12) Construction sign: a sign which states the name of the future site occupant and may include the name, address or phone number of related construction, architectural , and financial firms. Such sign shall be a maximum of eight (8) feet in height and thirty—two (32) square feet in area. (13) Dime_tional or convenience sign: a sign necessary for public convenience or safety which is designed to be viewed from on—site or adjacent to the site by pedestrians or motorists. 6/90 9610. 10(14)--9610. 10(28) (14) Director: the Director of Community Development of the city of Huntington Beach, or a duly authorized representative. (15) Electronic readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. (16) Flashing or animated sign: a sign intermittently reflecting light, or which has any illumination which is not maintained constant in intensity, color or pattern, except electronic readerboards and those for time and temperature. (17) Freestanding sign: any sign permanently attached to the ground and which does not have a building as its primary structural support. (18) Grade: the level of the public sidewalk or street curb closest to the sign. (19) Grand opening: a promotional activity not exceeding thirty (30) calendar days used by newly established businesses to inform the public of their location and services. (20) Ground level : the highest elevation of the existing ground surface under a sign. (21 ) Height of sign: the vertical distance measured from average ground level along the base of the sign structure, before any berming, to the highest point of the structure. (22) Indirect illumination: a light cast on the surface of a sign from an exterior source. (23) Industrial center: any site containing three (3) or more industrial activities. (24) Interior illumination: any sign face which is artificially lit from the inside. (25) Item of information: each word, design, symbol , or figure. (26) Land development project: any industrial , commercial , or residential development containing five (5) or more parcels or dwelling units which are proposed for construction. (27) Monument sign: a low profile freestanding sign erected with its base on the ground and which is designed to incorporate design and building materials which complement the architectural theme of the buildings on the premises. A monument sign shall not exceed seven (7) feet in height. Berming incorporated with the placement of the sign shall be included in any height measurement. The base of a monument sign shall not be counted as sign area. (28) LpgQ: a trademark or company name symbol . 6/90 a 9610.10(29)--9610.10(42) (29) Namepla e i n: an attached sign which designates the names and/or address of a business, and/or the words "entrance" or "exit" . (30) Nonconforming sign: a sign which complied with the Huntington Beach Ordinance Code at the time it was installed, but which is now in conflict with the provisions of this article. (31 ) Open house sign: a sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. (32) Political sign: a sign identifying either a candidate for public office or an issue relating to a forthcoming election. (33) Projecting sign: a sign which projects from the wall of a building more than eighteen (18) inches and which has its display surface perpendicular to such wall . (34) Real estate sign: a temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. (35) Roof sign: an attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. (36) Sign: any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention. (37) Sign copy: any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign for the purpose of attracting attention. (38) Sign structure: any structure which supports any sign. (39) Site: one or more parcels of land identified by the assessor' s records. Where an integrated building development has been approved or proposed, the site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels served by common access ways, driveways, parking and landscaping. (40) Site (street)_frontagg: the length of a lot or parcel of land along or fronting on a street. (41 ) Subdivision directional sign: a sign providing direction to a land development project pursuant to this article. (42) Supergraphic: a painted design which covers an area greater than ten (10%) percent of a wall , building facade, or other structure. 6/90 i 9610. 10(43)--9610. 10(46) (43) Temporary 5j*_qn: any sign constructed of cloth, plastic, paper or similar material displayed for a limited period of time outside a building. (44) Trespassing sign: a sign which contains the following copy only, "No trespassing. " (45) Wall sign: any sign which is attached or erected on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall , and which does not project more than eighteen (18) inches from the building, or project above the height of the wall or parapet. (46) Window sign: a sign in which the name, address, phone number, or hours of operation are applied directly to the window of a business. (2832-8/86) 6/90 To remain clear 4--- z 10' 25' ct b t Driveway 25' o I Min. 0 10 ' ro wide 0 n landscape ro . rt area m n c•t N < N• m Sign Type Setback Pole 40 ' z DIAGRAM A Monument Subject to Director review x a x I �y S1.Csarl... AREA b --Ty Now DIAGRAM B a 70% Leasehold - Max. Width b 75% Fascia - Max. Height x Equal Dimensions / (2832-8/86) Oqual Dimensions CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 5/l/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 906 Article 906 ***CORRECTING ORDINANCE NUMBER AND EFFECTIVE DATE*** i I I 9060--9060.1 --- Article 906 DISTRICTS (465-6/46, 731=10/59, 737-12/59, 754-4/60, :807-1 /61 , 822-4/61 , 880-1 /62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3103-4/91) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial Ml-A Restricted Manufacturing Ml Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -Ol Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification , 4/91 9060--9061 The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3103-4/91 ) 4/91 CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 4/30/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 906 Article 906 r � U v 9060--9060.. 1 Arti'cTe 906 DISTRICTS Sections: 9060 Districts 9061 District maps 9060.Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single ,Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial MI-A Restricted Manufacturing Ml Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeterie's LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix CQ Qualified classification 2/90 9060--9061 i The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (2905-A-11 /87, 2830-5/86, 2735-12/84, 2660-12/83, 2659-12/83, 2657-12/83, 2656-12/83, 2641-10/83, 2620-7/83, 2490-7/81 , 2488-5/81 , 2199-7/77, 2134-1/77, 2024-3/76, 1988-7/75, 1944-11 /74, 1845-7/73, Urg Ord 2604-1/73, 1677-11/71 , 1599-10/70, 1565-4/70, 1564-4/70, 881-1/62, 880-1/62, 822-4/61 , 807-1 /61 , 737-12/59, 731-10/59, 465-6/46) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (3030-2/90, 3029-2/90, 3028-2/90, 2905-A-11/87, 2830-5/86, 754-4/60, 737-11 /59) 2/90 CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 4/30/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 906 Article 906 CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 4/15/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 10.20 Chapter 10.20 Chapter 14.18 Chapter 14.18 Title 14 Title 14 100200010 -10020.040 Chapter 10.20 PROHIBITED PLACES OF OPERATION Sections: 10. 20. 010 Protruding loads. 10. 20.020 Vehicles on sidewalks . 10. 20.030 Toy vehicles skateboards, or roller skates on roadway. 10.20. 040 Skateboards . 10. 20. 050 Pedestrian overcrossing--Toy vehicles prohibited. 10. 20.010 Protruding loads . It is unlawful for the opera- tor of any of the following vehicles to drive the same in any business district between the hours of 7 a.m. and 6 p.m. of any day except Sunday: Protruding loads." Any vehicle so loaded that any part of its load extends more than three (3) feet to the front or more than ten (10) feet to the rear of the vehicle. (Ord. 322, 2 Jan 29 ) 10. 20. 020 Vehicles on sidewalks . The operator of any ve- hicle except those vehicles regulated by Chapter 10.88, shall not drive within any sidewalk area except to a permanent or tem- porary drive. (Ord. 1003, 16 Oct 63; Ord. 32211 1/29) 10. 20.030 Toy vehicles, - skateboards or --roller - skates on roadway. It is unlawful for any person upon a skateboard or roller skates or riding in or by means of any coaster, toy ve- hicle or similar device to go upon any roadway. (Ord: 2175, 24 Mar 77 ; Ord. 1199, 5/66; Ord . 3221 1/29) 10. 20. 040 Skateboards . It is unlawful for any person upon a skateboard, or similar device to go upon any right-of-way, sidewalk or parking area where the use of such skateboard or similar device creates a hazard to the pedestrian using such sidewalk or parking area. (Ord. 11991' 4 May 66; Ord: 113311- 5/65) 10. 20.050 Pedestrian overcrossing--Toy Vehicles prohi- bited. It is unlawful for any person to ride a skateboard, coaster, toy vehicle, roller skates or any vehicle of a similar nature over any pedestrian overcrossing within the limits of the city. (Ord. 17841 5 Dec 72; Ord. 1199, 5/66) C 286 14.08.010--14.08.020 Title 14 WATER AND SEWERS Chapters' 14.04 Repealed, Ordinance No. 2591 , 5 Jan 83 14.08 Service Connections 14.12 Fees. Rates and Deposits 14.16 Water Use Regulations , 14.20 Water Main Extensions 14.24 Water Pollution 14.26 Construction and Abandonment of Water Wells 14.32 Repealed, Ordinance No. 2591 , 5 Jan 83 14.36 Sewer System Service Connections, Fees and Deposits 14.40 Repealed, Ordinance No. 2931 6 Apr 88 14.44 Sewer Main Extensions 14.48 Drainage Chapter 14.08 SERVICE CONNECTIONS �- (674-12/57) Sections- 14.08.010 Application form 14.08.020 Separate required 14.08.030 Multiple occupancies on premises 14.08.040 Multiple occupancy exceptions 14.08.050 Property separation 14.08.060 Interfering with pipes 14.08.010 Application form. Before water can be served from the city mains to any person or for any premises, such person or the owner or occupant of such premises shall make written application for such services upon a form provided by the city water department. The information required in all instances where application is made for water shall include the name and address of applicant, description of the property where service is desired, together with the applicant' s status as owner or lessee. (674-12/57) 14.08.020 Separate required. Every premises supplied by city water shall have its own separate service connection with the city main, and the premises so supplied shall not supply water to any other premises. (674-12/57) 4/88 14.08.030--14.08.060 14.08.030 Multiple occupancies on premises. Where more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a water meter shall be required and installed for each occupancy, unless otherwise approved by the water superin- tendent. (674-12/57) 14.08.040 Multiple occupancy exceptions. The following exception shall apply to multiple occupancies on the same premises: (a) Where there exists a dwelling on the rear of a lot, in front of which is another dwelling, one service may be provided for such premises. The cost of such water meter installation and service shall be paid by the owner or party receiving service: (674-12/57) (b) Where two or more buildings owned by the same person are built upon the lot, said buildings may be served by one service pipe and one meter if approved by the water superintendent. (674-12/57) 14.08.050 Property separation. Whenever one service pipe and meter has been serving more than one occupancy on the same parcel of property owned by one owner, and the property ownership is severed, the water superintendent may, in his discretion, require separate service pipe and meter for each occupancy. (674-12/57) 14.08.060 Interfering with pipes. No person shall , without the permission of the water superintendent, or his duly appointed agents or employees, remove, change, disturb, or in any way tamper with or interfere with any of the facilities, apparatus, appliances or property used or maintained for the production, storage or supply of water by the city to consumers thereof; nor shall any person without the permission of the water superintendent install any pipe, apparatus, appliance or connection to any part of the system of waterworks in the city. (674-12/57) 4/$8 CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 4/23/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 3.03 Chapter 3.03 Chapter 3.36 Chapter 3.36 y 3.03.010--3.03.040 Chapter 3.03 PROFESSIONAL SERVICES Sections: 3.03.010 Purpose 3.03.020 Definitions 3.03.030 Repealed, 2590-1 /83 3.03.040 Selection guidelines 3.03.050 Repealed, Ordinance No. 2590, 5 Jan 83 3.03.060 Procedure 3.03.070 Repealed, Ordinance No. 2590, 5 Jan 83 3.03.080 Exempt and emergency procedures 3.03.090 Authorization by city administrator 3.03. 100 Authorization by department head 3.03. 110 Exemptions 3.03. 120 Existing agreements 3.03.010 Purpose. This chapter is adopted in order to provide a uniform procedure for contracting for certain services by the city of Huntington Beach. (2047-5/76, 2590-1 /83) 3.03.020 Definitions. (a) "Consultant" means any provider of services under this chapter as an individual , partnership, corporation or otherwise. (b) "Director" means the department head or his authorized representative vested with the authority to administer the provisions of this chapter with respect to contracting for services. (c) "Services" means those services which ,require a special skill or expertise or services which are not readily or efficiently procured by competitive bidding. (2047-5/76, 2590-1 /83) 3.03.040 Selection guidelines. In all cases , the final selection of a consultant shall include consideration of the following factors : (a) Actual capability to complete the project in conformance with the specifications , conditions and other requirements of..the city of Huntington Beach; (b) Demonstrated ability to prepare professional , accurate and timely—finished products irrespective of unusual or difficult circumstances. (c) A reasonable contract price in relation to the size,' quality and time restraints of the proposed project with due consideration of y competitive proposals . (2047-5/76) 3/89 3.03.060--3.03.080(d) 3.03.060 Procedure. The procedure for the contracting of services is as follows : (a) The director of the department primarily responsible for the particular project shall prepare a written statement defining the necessity and scope of the project, and submit- it. to the city administrator. Upon approval by the city administrator, the director shall prepare a written statement of the specifications , conditions and other requirements for the requested services and provide a copy to consultants who may wish to perform the service. (b) Except in extraordinary circumstances , the director, or his designee, shall request informal written proposals from not less than three (3) available qualified consultants . He shall thereafter conduct discussions with them regarding the project if such discussions are i-ndicated by the complexity of the project, and based upon the selection guidelines established in section 3.03.040 and the criteria established by him, select the consultant from the responsible proposals submitted to him, deemed to be the most highly qualified to provide the services -.required. (c) If the procurement has been budgeted, contractual agreement shall be negotiated with the consultant subject to final approval as to form by the city attorney, and as to content by the city administrator. The final agreement shall be approved by the city council . (d) If the procurement has not been budgeted, then the director shall prepare a request for appropriation for the city administrator to submit to the city council in the usual prescribed manner. (e) The city attorney shall counsel and advise city officials in the implementation of this chapter. (2047-5/76, 2590-1 /83) 3.03.080 Exempt and emergency procedures . The need for certain budgeted and emergency and exempted procurements are recognized. An emergency shall be deemed to exist if: (a) There is a great public calamity; (b) There is immediate need to prepare for national or local defense; (c) There is a breakdown in machinery or an essential service which requires the immediate attention of a professional in order to protect the public health, safety or welfare; (d) An essential , departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procedure would cause an undue delay in the procurement of the needed services . (2047-5/76) „ 3/89 f 3.03.090--3.03. 120 3.03.090 Authorization by city administrator. In the case of an emergency which requires the immediate retention of a professional consultant, the city administrator may authorize the department director to secure by the open-market procedure, at the lowest obtainable price consistent with professional standards , any professional service regardless of the amount of the expenditure. A full report of the circumstances of all emergency purchases shall be filed with the city council by the city administrator and shall be entered in the minutes of said council . (2047-5/76,2464-12/80, 2590-1 /83) 3.03. 100 Authorization by department heads. The head of any department for which such services are required may, with the approval of the City Administrator, contract directly for any professional services in the amount of Ten Thousand Dollars ($10,000.00) or less , when procurement of such services has been budgeted. (2047-5/76, 2945-7/88) 3.03. 110 Exemptions. Exempted from the provisions set forth in the above sections are those services which would not involve the expenditure of city funds but would be financed through fees such as development processing, environmental impact reports , plan check, etc . , provided, however, that the director for whom the services are primarily to be performed shall obtain proposals for the project in accordance with the provisions set forth in section 3.03.060. (2047-5/76) 3.03. 120 Existing agreements . The terms and conditions of any existing professional services agreement may be modified so as to increase or decrease the term, compensation or otherwise, by mutual agreement of the city and the consultant selected. (2390-9/79) 3/89 3 36`.GTO-1.3`6-.010(c.) Chapter 3..36 UTILITIES TA'X (1598-10/70, 2211-8/77, 2452-10/80, 2470-2/81,, 2886-12/86, 2933-8/88, 3095-4/91')� Sections: 3.36.0l'0 Definitions 3.36.020 Telephone tax--Imposed 3.36.030 Telephone tax--Charges 3.36.040 Telephone tax--Intrastate use 3.36.050 Electricity tax 3.36.060 Use of electrical energy 3.36.070 Gas tax--Imposed 3.36.080 Gas tax--Exclusions 3.36.090' Water- tax--Imposed 3'.36. 100 Water tax--Exclusions 3.36.110 Repealed, Ordinance No. 2232, 7- Dec- 77 3.36..120 Exemptions 3.36.130 Collection of tax 3.36.140 Collection--When made 3.36. 150 Collection--Commencement 3.36.160 Filing return and payment 3.36. 170 Delinquent when 3.36.180 Penalty--Effect 3.36.190 Penalty--Imposed by admini.strator 3.36.200 Penalty--Combining nature 3.36.210 Actions to collect 3.36.220 Failure to pay--Administrative remedy 3.36.230 Assessment--Administrative remedy 3.36.240 Assessment--Hearing 3.36.250 Records 3.36.260 Refunds 3.36.270 City exempt 3.36.280 Senior citizens--Exemption 3.36.290 Application required 3.36.300 Notification to service s-upplier, 3..36.310 Service supplier--Duty of 3.36.320 Exemption automatic 3.36.330 Tax billing exemptions--Effective when 3.36.340 Violation--Penalty 3.36.0.10. Definitions. Except where the context otherwise: requi.res,. the. definitions given in this section govern the construction- of this; chapt:er:. (a) "City" means the City of Huntington Beach. (b) "Month" means a calendar month. (c) "Person" means any domestic or foreign corporati-on,. firm, association, syndicate, joint stock company, partnership of any kind,. joint venture, club, Massachusetts business or common law trust, society, individual or., municipal corporation. 4/91 3.36.010(d)--3.36.050(b) (d) "Service supplier" means any entity which receives taxes paid and remits same as imposed by this chapter. r (e) "Service user" means a person required to pay a tax imposed by this chapter. (f) "Tax administrator" means the Finance Director of the City. (g) "Telephone corporation, electrical corporation, gas corporation, and water corporation" shall have the same meanings as defined in sections 234, 218, 222, and 241 respectively, of the Public Utilities Code of the state of California, as said sections existed on January 1 , 1970. "Electrical corporation" and "water corporation" shall be construed to include any organization, municipality or agency engaged in the selling or supplying of electrical power or water to a service user; however, as specified by Public Utilities Code section 218, does not include a corporation or person employing cogeneration technology or producing power from other than a conventional power source for the generation of electricity. (1598-10/70, 2933-8/88) 3.36.020 Telephone tax--Imposed. There is imposed a tax upon every person in the City, other than a telephone corporation, using intrastate telephone communication services in the City. The tax imposed by this section shall be at the rate of 5 percent of all charges made for such services. (1598-10/70) 3.36.030 Telephone tax--Charges. As used in this section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "telephone-communication services" include land-mobile services or maritime-mobile services as defined in section 2. 1 of Title 47 of the Code of Federal Regulations, as such section existed on January 1 , 1970. (1598-10/70) 3.36.040 Telephone tax--Intrastate use. Notwithstanding the provisions of section 3.36.020, the tax imposed under this chapter shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed by section 4251 of Title 26 of the United States Code, as such section existed on January 1 , 1970, without regard to section 3.36.020. (1598-10/70) 3.36.050 Electricity tax. There is imposed a tax upon every person in the City using electrical energy in the City. The tax imposed by this section shall be at the rate of five (5) percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges" as used in this section shall include charges made for: (a) Metered energy; and (b) Minimum charges for service, including customer charges, service charges, demand charges, standby charges and annual and monthly charges. 4/91 3.36.050--3.36.120 In the case of a service user employing cogeneration technology the tax imposed by this section shall be based upon the legal rate per kilowatt cogenerated, as charged by the applicable public utility. (1598-10/70, 2933-8/88) 3.36.060 Use of electrical energy. As used in this section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries. The term shall not include electricity used in water pumping by water corporations; nor shall the term include the mere receiving of such energy by an electrical corporation or governmental agency at a point within the City for resale. (1598-10/70) 3.36.070 Gas tax--Imposed. There is imposed a tax upon every person in the City using gas in the City which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of 5 percent of the charges made for such gas. (1598-10/70) 3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed in this. section is computed: (a) Charges made for gas which is to be resold and delivered through mains or pipes; i (b) Charges made for gas to be used in the generation of electrical energy by an electrical corporation; (c) Charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities; and (d) Charges for gas used in water pumping by water corporation. (1598-10/70) 3.36.090 Water tax--Imposed. There is imposed a tax upon every person in the City using water in the City which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of 5 percent of the charges made for such water and shall be paid by the person paying for such water. (1598-10/70) 3.36.100 Water tax--Exclusions. There shall be excluded from the base on which the tax imposed in this section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or a county or municipal water district for water used and consumed by such department, utility or district in the conduct of the business of such department, utility or district. (1598-10/70) 3.36.120 Exemptions. Nothing in this chapter shall be construed as imposing a tax upon any person if imposition of such tax upon that person would be in violation 'of the Constitution of the United States or the Constitution of the state of California. (1598-10/70) 4/91 3.36.130--3.36.210 3.36.130 Collection of tax. The amount of tax imposed by this chapter shall be collected from the service user by the service supplier. (1598-10/70, 2933-8/88) 3.36.140 Collection--When made. The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the service supplier. (1598-10/70) 3.36.150 Collection--Commencement. The duty to collect tax from a service user shall commence with the beginning of the first regular billing period applicable to that person which shall begin as of January 1 , 1971 , or at the beginning of the first regular billing period thereafter which would not include service prior to January 1 , 1971 . Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (1598-10/70) 3.36.160 Filing return and payment. Each service supplier shall make a return to the tax administrator, on forms provided by him, stating the amount of taxes billed by the service supplier during the preceding month. The full amount of the tax collected shall be included with the return and filed with the tax administrator. The tax administrator is authorized to require such further information as he deems necessary to determine properly if the tax here imposed is being levied and collected in accordance with this chapter. Returns must be postmarked with prepaid postage and properly addressed, or personally delivered to the tax administrator on or before the 20th of each month. Returns are due immediately upon cessation of business for any reason. (1598-10/70; 2211-8/77) 3.36.170 Delinquent when. Taxes collected from a service user which are not filed with the tax administrator on or before the due dates provided in this chapter are delinquent. (1598-10/70; 2211-8/77) 3.36.180 Penalty--Effect . Penalties for delinquency in payment of any tax collected or any deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of 15 percent of the total tax collected or imposed herein. (1598-10/70; 2211-8/77) 3.36.190 Penalty--Imposed by administrator. The tax administrator shall have power to impose additional penalties upon persons required to collect taxes under the provisions of this chapter for fraud or negligence in reporting or paying at the rate of 15 percent of the amount of the tax collected or as recomputed by the tax administrator. (1598-10/70; 2211-8/77) 3.36.200 Penalty--Combining nature Every penalty imposed under the provisions of this chapter shall become a part of the tax required to be paid. (1598-10/70; 2211-8/77) 3.36.210 Actions to collect. Any tax required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the City. Any such tax collected from a service user which has not been paid to the tax administrator shall be deemed a debt owed to the City by the person required to collect and pay. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. (1598-10/70; 2211-8/77) 4/91 3.36.220--3.36.260(a) 3.36.220 Failure to pay--Administrative remedy. Whenever the tax administrator determines that a service user has deliberately withheld the amount of the tax owed by him from the amounts remitted to a service supplier, or that a service user has failed to pay the amount of the tax for a period of two or more billing periods, or whenever the tax administrator deems it in the best interest of the City, he may relieve the service supplier of the obligation to collect taxes due under this chapter from certain named service users for specified billing periods. The tax administrator shall notify the service user that he has assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by handing it to him personally or by deposit of the notice in the United States mail , postage prepaid thereon, addressed to the service user at the address to which billing was made by the service supplier; or should the service user have changed his address, to his last known address. If a service user fails to remit the tax to the tax administrator within fifteen days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person; a penalty of 25 percent of the amount of the tax set forth in the notice shall be imposed but not less than five dollars. The penalty shall become part of the tax herein required to be paid. (1598-10—/70) 3.36.230 Assessment--Administrative remedy. The tax administrator may make an assessment for taxes not -paid or remitted by a person required to pay or remit. A notice of the assessment which shall refer briefly to the amount of the taxes and penalties imposed and the time and place when such assessment shall be submitted to the City Council for confirmation or modification. The tax administrator shall mail a copy of such notice to the person selling the service and to the service user at least ten days prior to the date of the hearing and shall post such notice for at least five continuous days prior to the date of the hearing on the chamber doors of the City Council . Any interested party having any objections may appear and be heard at the hearing provided his objection is filed in writing with the tax administrator prior to the time set for the hearing. (1598-10/70) 3.36.240 Assessment--Hearing. At the time fixed for considering the assessment, the City Council shall hear the same together with any objection filed as aforesaid and thereupon may confirm or modify the assessment by motion. (1598-10/70) 3.36.250 Records. It shall be the duty of every person required to collect and remit to the City any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times. (1598-10/70) 3.36.260 Refunds. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this chapter, it may be refunded as provided in this section. (a) A person required to collect and remit taxes imposed under this chapter, may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the 4/91 I 3.36.260(a)--3.36.320 tax administrator that the service user from whom the tax has been _ collected did not owe the tax; provided, however, that neither a refund J nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. (b) No refund shall be paid under the provisions of this section unless the claimant established his right thereto by written records showing entitlement thereto. (1598-10/70) 3.36.270 city exempt. The taxes imposed by this chapter shall not apply to the City. (1598-10/70) 3.36.280 Senior citizens--Exemption. The tax imposed by this chapter shall not apply to any individual service user sixty-two years of age or older who uses telephone, electric, water or gas services, in or upon any premises occupied by such individual , provided the combined adjusted gross income as used for federal income tax reporting purposes of all members of the household in which such service user resides does not exceed the "HUD Income Guidelines - Very Low Income Category" currently on file at the City' s Office of the Housing Rehabilitation Administrator, for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided by this chapter is applied. (2452-10/80, 2886-12/86, 3095-4/91) 3.36.290 Application required. Any service user, meeting the requirements for exempt status, may file a verified application with the director of finance on a form furnished by him. The director of finance, or his designee, shall review all applications and certify those service users as exempt who meet the requirements for the exemption provided by this chapter. (2452-10/80) 3.36.300 Notification to service supplier. The director of finance, or his designee shall compile a list of all exempt service users, together with the addresses, account numbers, if any, of such users, and such other information as may be necessary for service suppliers to remove exempt service users from their tax billings. (2452-10/80) 3.36.310 Service supplier--Duty of. No service supplier shall be required to bill any exempt service user for any tax imposed by this chapter after receipt of notice from the director of finance that such service user has met the requirements for exempt. status established by the provisions of this chapter. (2452-10/80; 2470-2/81 ) 3.36.320 Exemption automatic. The exemption provided for in this chapter shall continue and be renewed automatically from year to year except as hereinafter provided. No exempt service user shall fail to notify the director of finance within ten (10) days of a change of address, or of any other fact or circumstance which might disqualify him or otherwise affect his exempt status. All exempt service users shall file with the director of finance new verified applications in order to receive exempt service at a new address or location. (2452-10/80) 4/91 /� 3.36.330--3.36.340 3.36.330 Tax billing exemptions--Effective when All service suppliers shall remove exempt service users from their tax billings for the first regular full billings dated on or before October 15, 1980, and thereafter within sixty (60) days after notice from the director of finance to do so. (2452-10/80) 3.36.340 Violation--Penalty . It is unlawful and a misdemeanor for any person knowingly to receive the exemption provided by this chapter when such person has not met the requirements on which such exemption is based, or when such person can no longer meet the requirements on which such exemption is based, and upon conviction thereof shall be subject to a fine of five hundred dollars ($500) or imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed or continued. (2452-10/80) 4/91 . - o CITY OF HUNTINGTON BEACH MUNICIPAL CODE EFFECTIVE 4/3/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE City Charter 'City Charter ,Chapter 3.36 Chapter 3.36 Chapter 5.40 Chapter 5.40 t � f r� V � ; Cityf Huntington Beach , Calif ornia 46 sib* Ty CITY CHARTER CITY CHARTER V O \�y00R PORq TF v > > 19 r c D U NT � Incorporated, February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) Charter Amendments Charter Election Certified Res . 773 Results 5/3/37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5/17/37 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 /29/47 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 /27/49 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5/9/49 Revised. . . . . . . . . . . . . . . . . . . . . .5/l /50 New Charter. . . . . . . . . . . . 2/10/66 ` Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 /18/71 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .6/5/75 Amondments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12/10/76 Amendmenls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7/17/78 Amendments : . (Consolidation — November) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12/9/82 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12/7/84 CITY CHARTER TALE .OF CONTENTS ARTI.CtE I . INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101 . Seal Section 102. Boundaries Section 103. Powers_ of City Section 104. Construction. Section 105.. I.ntergov,e.rnmeni;al ReTations- ARTICLE II. FORM OF GOVERNMENT Secti-on 20G. Counci 1-Admi ni-strator. Form of- Government i 1 ARTICLE: III ELECTIVE-.OFFICES, Section 300- City Council , Attorney, C.herk and: Treasurer. Terms Section 301 . Powers- Vested in City Council Section 30 .'. Compensation Section 303. Meetings and� Loca.tion } Section° 300. Quorums, -Proceed.i ngs and: Ru.l e.s of Order- Section, 300'. Presl-ding. Officer E Section 300. Mayor-Pro Tempore- I Section 3.00.. Non'.-Interference, with Admi ni s.trati on r Section 300. Official Bonds. Section 3.00. City Attorney. Powers and. Duties_ Se.c.ti on 300.. City Clerk. Powers, and Duttes: Section 300. Ci ty Treasurer: Powers and: Dut.i es. } Section 300. Vacancies., Forfeitures and. Replacement Section 30.0:. Confl i.ct� of- I:nte:rest., Nepoti.sm- ARTICLE-IV. APPOINTIVE`OFFICES,. AND. PERSONNEL Section, 400.. Ci ty- Admi-nistrator,. Compos.i tion,. Term., ETi gj bi l i ty., Removal i S'ect.i on 401 . Powers: and:.Duties, S.ect.i on 402... Acting City Administrator ' Section 403. Personnel Section 40.4-. Re:ti rement: System- Section 405. Boards., Commtssions. and Committees ARTICLE V. ORDINANCES..AND. RESOLUTIONS Section 500.. Regular Ordinances. Enactment-, Adoption, Publication, Amendment, When Effective:- and; Cod-i fi cat.i on Section 501 . Emergency Ordinances } Secti-on 502. Resol utto.ns. Section 503. PublishIng, of Legal Notices- ARTICLE VI'. FISCAL_ ADMINISTRATION Section 600. Fiscal' Year \ Section 601 . Annual Budget, Preparation by the City Administrator ! Section 602- Annual Budget. Submission to the City Council Section 601. Annual Budget. Public Hearing. I c--2. i Section 604. Annual Budget. Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611 . Revenue Bonds Section 612. Sale of Public Utility Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit 4 ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701 . Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE VIII . MISCELLANEOUS Section 800. Transition Section 801 . Definitions Section 802. Violations (Amended Charter effective December 7, 1984) i i i S I I I 4 c-3 CHARTER. We, the people of the. City of Huntington Beach, State o.f.' Cal ifornia. do ordain and establish this Charter as the .fundamental law of the ;City of Hun- tington Beach under the Constitution of the 'State:of California. i ARTICLE. I INCORPORATION AND. PONE;RS.- OF THE.CITY Section 100 NAME. The muni c.i pa=1 corporation. now.; ex.i sti ng and. known as.. the City o.f Huntington Beach shad 1 remain 'and. continue. to,. exist-- as, a muni ci pal- corporati on under its present name of "City, of'Huntington.B-each-. l Section 101 . SEAL. Th'e,, City shall have: an official sea] which• may b:e changed from time, to.. time:. by� ordinance. The p.re:s.ent- offi c:i al seal shad 1 con- tinue to- be. the official seal of the. City until changed, in the=manner. stated: Secti on, 102. BOUNDARI-ESA. The. boundaries: of- the- City shal'1, continue as now estab.l i shed until changed in- the manner au.tho.ri zed: by law. Section. 103. POWERS. OF' CITY. The City shall have, the: power- to make and enforce aill taws. and.] re-gulations. in respect to.-municipal affa,-irs,. subject- only to such res:tri cti ons,. and 1 i mi tati ons: as may be. p:rovi=d.ed: i n thi s Charter- or i n the Cons.ti tuti on of- the:-S.ta:t e._of" Cal i for.M a,. j Section 104. CONSTRUCTION: They general grant: of power to: the City under this . Chaster shaI 1 be-, coms.trued broadly, in favor of;-' the City. The speci fi c- provi si ons enumerated:. in this... Charter are-.,. intended:. to b:e.. and: sha.l 1 bew inter preted. as. limitations. upon the.. general grant, of' p,owe;r- and.-. shall be construed narrowly. If any prrovisions. of- thi-s:. Chairter..; or the: ap.p.lication thereof to any person o.r ci rcumstance i s he]dM i rival i d., the.: remai nder,- of" the_ Charter and. the. app,l i cati on of" such p,,ro.vi si on to-other, persons or- ci rcumstances_, s.ha.l 1' not be; affected. thereby. i Section. 105. INTERGOVERNMENTAL.- RELATIONS_. The--: City may exerci se any of its powers or perfo.rm any of� i is functi ons and may parttci pate: i n the. fi nanc- i ng thereof', jointly or in. cooperation; by contract or- otherwise; with, any one- or more states, or civil d.i vi si ons.. or,-agencies- thereof,, , or the. Uni ted: St&te.s or any agency thereof'. ART CLE-J I.. FORW OF- GOVERNMENT" Section 200. COUNCIL-ADMINISTRATOR' FORM OF GOVERNMENT: The municipal government provided by- this Charter shall be&known a-s the-CouncilAdministrator form. of-gove.rnment. ARTICLE III j' ELECTIVE OFFICES - Section 300. CITY COUNCIL, ATTORNEY, CLERK AND_ TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven mem-- bers, a City C1 erk, a City Treasurer and- a City Attorney, all* to. be elected c-4- from the City at large at the times- and in the manner provided in this Charter ~� and who shall serve for terms of four years and until their respective succes- sors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member.for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. i Subject to the provisions of this Charter, the City Clerk City Treasurer and City Attorney in office at the time this Charter takes effect shall con- tinue in office until the expiration of their respective terms and the quali- fication of their successors. A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each , fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council , the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. Section 301 . POWERS VESTED IN CITY COUNCIL. All powers of the City shall j be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly sal- ary in the sum of One Hundred Seventy-five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addi- tion, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon i them by virtue of their serving as City Councilmen. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution j and may adjourn or re--adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjourn- ment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. i c-5 i. ,I (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council , by written notice to each member of the City Council and to each local newspaper of gen- eral circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twentyfour hours before the time of such meeting as specified in _the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeti..ng. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. Such waiver may be given by telegram. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor' s absence or by any member of the City Council in the absence of both the Mayor and j Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Coun- cil Chambers of the City or in such place within the City to which any such meeting may be adjourned. _ If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members of the City Council . (d) Open Meetings. All regular and special meetings of the .City Council shall be open and public., and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to execu- tive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard -by the City Council . Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall consti- tute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City clerk to be deliv- Bred personally or by mail to each Council member at least twenty-four hours before the time to which the meeting. is adjourned, or such notice may be dis- pensed with in the same manner as specified in this Charter for dispensing With notice of special meetings of the City Council . (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power. to administer oaths and affirmations in any investigation or proceeding pending before the City Coun- cil . The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the produc- tion of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in c-6 f the same manner as subpoenas in civil actions. Disobedience of such sub- -� poenas, or the refusal to testify (upon other than constitutional grounds) , shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have con- trol of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordi- nance, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal elec- tion, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding offi- cer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be pre- " scribed by this Charter or as may be imposed by the City Council . The Mayor shall serve in such capacity at the pleasure of the City Council . Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council . The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor' s absence or disability or at the Mayor's request. Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise f provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Administrator, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of inves- tigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or pri- vately. Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or 4 employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. c-7 i In all cases wherein an employee of the City is required to furnish a faithful" performance bond, there shall be no personal liability upon, or any right to recover against, the employee' s superior offi.cer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the Wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall be an attor- ney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law in this State for at least three years prior to his election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless other- wise provided by the City Council . (c) Represent and appear for the City in any or all actions or proceed- ings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any I � or all civil actions or proceedings in which such officer or employee is con- ' cerned or is a party for any act arising out of his employment or by reason of his official capacity. i (d) Attend all regular meetings of the City Council , unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. i (e) Approve the form of all contracts made by and all bonds, and insur- ance given to the City, endorsing his approval thereon in writing. i (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. ! (g) Devote such time to the duties of his office and at such place as may be specified by the City Council . (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. i (i) Surrender to his successor all books, papers, files, and documents pertaining to the City's affairs. Section 310. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council , unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose. { c-8 i i (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stati ng the same to be the on gi nal or a correct -copy, and as to an ordinance requiring publication, stating that the same has been .publ i shed or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records in his possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of offi— ci al' records. (g) Be ex officio Assessor, unless the City Council , has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i ) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the Cfty Council . The City Clerk may, subject to the approval of the City Council , appoint such deputy or deputies to assist him or act for him, at such salaries or j compensation as the Council may by ordinance or resolution prescribe. (Char— ter amendment December 9, 1982) i The minimum qualifications for the position of City Clerk shall be three years of relevant work experience which demonstrates record management skills and practice of administrative procedures. (Charter amendment December 7, 1984) i Section 311 . CITY TREASURER. POWERS AND DUTIES. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the city all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments, or from any court, or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be .designated by resolution of the City Council , or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions' of the i c-9 State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper, orders or warrants in the manner pro— vided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file cop— ies of such reports with the City Administrator and City Council . (e) Perform :such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council . The City Treasurer may, subject to the approval of the City Council , appoint such deputy or deputies to assist him or act for him, at _such salari.es or compensation as the Council may by ordinance or resolution prescribe. I The minimum qualifications for the position of City Treasurer shall be a combination of •-education and -experience in an area relative to fiscal manage— j ment. (Charter Amendment 1.2/7/84') Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. ` (a) Vacancies. A vacancy in the City Council or in any other office designated as elective -by this Charter, from whatever .cause arising, shall .be filled by appointment by the City Council . (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period ,of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office .shall become vacant. If an elected City officer is convicted of a crime involving moral turpitude or ceases to be _an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall .accept or retain any I other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, •the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the .unexpired term. Section 313. CONFLICT OF INTEREST. NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. i (b) Nepotism. The City Council shall not appoint to a salaried .position under the -City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Coun— c-10 cil , nor shall the City Administrator or any department head or other officer �- having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person. who has attained a salaried position with the City prior to the exis- tence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify them- selves from all decisions affecting the employment and promotional status of such person. i ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY ADMINISTRATOR. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City Administrator who shall be the chief administrative officer of the City. (b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of_the members of the City Council and shall serve at the pleasure of the City Council ; provided, however, that the person occupying the office shall not be removed from office except as herein provided. i (c) Eligibility. The Administrator shall be chosen on the basis of �1 executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the j office as herein set forth. No person shall be eligible to be appointed City Administrator or Acting City Administrator while serving as a member of the City Council nor within one year following the termination of membership on the City Council . (d) Removal . The City Administrator shall not be removed from office. during or within a period of ninety days next succeeding any municipal elect- ion at which a member of the City Council is elected. At any other time the City Administrator may be removed only at a regular meeting of the City Coun- cil and upon the affirmative vote of a majority of the members of the City Council . At least thirty days prior to the effective date of removal , the City Administrator shall be furnished with a written notice stating the Coun- cil ' s intentions and, if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice, the City Adminis- trator may by written notification to the City Clerk request a public hearing before the City Council , in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Administrator shall appear and be heard at such hearing. After furnishing the City Adminis- trator with written notice of'the intended removal , the City Council may suspend the Administrator from duty, but his compensation shall continue until removal as herein provided. In removing the City Administrator, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Administrator to present to each other and to the public all pertinent facts prior to the final action of removal . c-11 � i Section 401 . POWERS AND DUTIES. Except as otherwise provided in this Charter, ,the City Administrator shall be responsible to the City Council for the, 'proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Administrator shall have the-power and be required to: (a). Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers. However, no department head shall be appointed or removed until the City Administrator shall first have reviewed such appointment, or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council . (b) Prepare the budget annually, submit it to the City Council , and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. I (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized, purchasing system for a.11 City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection; storage, inventory, distribution and disposal of all supplies, I materials and equipment required by any office, department or agency of the City government. (g) Be- responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordi— nances, franchises and rights of the City. (h) Subject to policy established by the City Council , exercise control of 'all administrative offices and departments of the City and of all appoin— tive officers and employees except those directly appointed by the City Coun— cil and prescribe such general rules and regulations as he may deem necessary or proper for the, general conduct of the administrative offices and depart— ments of the City under his jurisdiction. i (i ) Perform such other duties consistent with this Charter as may be required by the City Council . Section 402. ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the City Administrator, the Assistant City Administrator shall serve as Acting City Administrator. During any temporary absence or disabil— ity of both the City Administrator, and the Assistant City Administrator, the !' City Administrator shall appoint one of the other officers or .department heads of the City to serve as Acting City Administrator. In the event the City i Admi ntstrator fails to make such appointment, such ,appointment may be "made by the City Council . c-12 i Section 403. PERSONNEL. In addition to the City Council , a City Clerk, a n City Treasurer, a City Attorney and City Administrator, the officers and employees of the City shall consist of such other officers, assistants, depu- ties and employees as the City Council may provide by ordinance or resolu- tion. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Administrator, Assistant City Administrator and any officers designated as elective by the Charter shall be exempt. The sys- tem shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system, provided, how- ever. that once included within the system, no officer or employee shall be withdrawn therefrom (unless the office or position is actually abolished or eliminated) without the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. i Section 404. RETIREMENT SYSTEM. The City shall participate in a retire- ment system. Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and commit- tees shall report directly to the City Council . i i ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION, AMENDMENT, WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially t as follows: "The City Council of the City of Huntington Beach does ordain as follows: ." No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction and f second reading, an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City ..� Clerk. i c-13 I i i (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typograph- ical or clerical errors shall not constitute the making of an alteration with- in the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be pub- lished by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. (d) Amendment. The amendment of any section or subsection of an ordi- nance may be accomplished solely by the re-enactment of such section or sub- section at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: (1 ) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this ICharter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set forth herein; however, such regulations and codifications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordi- nance. Section 501 . EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes. Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordi- nance. i c-14 Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause T to be .published all legal notices and other ,matters required to be published by law in , a daily, semiweekly or weekly newspaper published 'in the County or the 'City and circulated in the City which, is selected by the City Council for that purpose. No defect or irregularity in proceedings taken under .this sec- tion. shall invalidate any publication where it is otherwise in conformity with this. Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600. FISCAL YEAR. The fiscal year of the City shall be from July i to June 30 unless otherwise established by ordinance. Section 601 . ANNUAL BUDGET, PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission { and each department head shall furnish to the City Administrator, personally, or through the Director of Finance, estimates of the department' s, board's or commission' s revenue and expenditures for' the ensuing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget, the City Administrator shall review the estimates, hold con- ferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates a.s-'may be deemed advisable. i Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Administrator shall submit the proposed budget ,to the City Council at least sixty days prior to the beginning, of each fiscal year. After reviewing the proposed budget and making such revisions as' it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. i ' Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time, to time be adjourned, the City Council shall hold a public hearing on the proposed bud- get, at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and, on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote .of at least a majority of the total members of the Council . Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Administrator, Director of Finance, City Treas- urer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. r� The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City.. i I c-15 Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Administrator may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council i may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the .total members of the City Council . i Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable. for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX- LIMITS. I (a) The City Council shall not levy, a property tax for municipal pur— poses in excess of- One Dollar annually on each One Hundred Dollars of the l assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and col— lected,, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1 . A tax sufficient to meet all liabilities of the City of prin— cipal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually, based on City Council approved esti— mates, j for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to exceed $0,15 per One Hundred Dollars; promo— tional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per c-16 I f i One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified., -Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other measure whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of the City Council ; provided, however, that any tax levied or collected pursuant to Section 607(b) of this Charter shall be exempt from the minimum voting i requirement of this section. This section shall not apply to any license, permit, or any other fee or change whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in con— nection with the City' s duty to preserve or maintain the public peace, health, safety and welfare. i ; This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to � i the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any fran— chise or proprietary function of the City. Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless -, authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxa— tion, of all the real and personal property within the City. i No bonded indebtedness which shall constitute a general obligation of the City. may be created unless authorized by the affirmative vote of the majority required by law of the electors vbting on such proposition 'at any election at which the question is submitted to the electors. Section 611 . REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes., as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. i In shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of. the City for the establishment of i c-17 a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or reven— ues.,11or restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal j and/or interest on any issue of such bonds or to assure the application- there— of to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated .from all other funds of the City and reserved exclusively for- the p.urpose for which such special fund was established until the purpose of it's establishment shall have been fully accomplished. Section 612. SALE OF PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall, be sold, leased or otherwise transferred or di-sposed of unless authorized by the affirmative votes of at least a major— ity of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition, is submitted. Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound by a contract only if it is made in writing', approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direc— tion of the City Council . Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Administrator or other officer to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, ser— vices or other items included within the budget approved by the City Council , and may impose a monetary limit upon such authority. (b) By ordinance or resolution, the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by j the manager of such utility or by the head of the department or City Adminis— trator upon forms approved by the City Administrator and at rates fixed by the City Council ., j Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure of more than Twenty—five Thousand Dollars' ($25,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains. sewers, utilities, parks and playgrounds, and each separate purchase of materials or ! supplies for the same, where the expenditure required for such purchase shall exceed the sum of Twenty—five Thousand Dollars ($25.000), shall be let to the lowest responsible bidder after notice by publication in accordance with Sec— tion 503 by two or more insertions, the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, -or with— c-18 out advertising for bids if the total amount of the contract or project is less than Twenty-five Thousand Dollars ($25,000), the City Council may declare and"determine ne that in its opinion,, the work in question may be performed bet- ter or' more economically by the .City with .its own employees, or that the mate- rials or supplies may be purchased at lower price in the open market, and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council , it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the sum of Twenty-five Thousand Dol- lars ($25,000) may be let and purchases exceeding the sum of Twenty-five Thou- sand Dollars ($25,000) may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the ,preservation of life, health, or property and shall be authorized by at least five affirmative votes of the City Council . i Projects for the extension, replacement 'or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the .requirements of this section by the affirm- ative vote of a majority of the total members of the City Council . Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certi- fied public, accountant or firm of such accountants who have no personal inter- est, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids, desig- nate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon .as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council , one copy thereof to be distributed to each member. Addi- tional copies of the audit shall be placed on file in the office of the City f Clerk where the shall be available for inspection b the y p y general public, and a copy of the financial statement as of the close of the fiscal year shall be j published in the official newspaper. ARTICLE VII ELEMM i Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the City on the first Tuesday in November in each even- numbered year. Section 701 . SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. c-19 i Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be j held in accordance with the provisions of th'e Elections Code of the State of California, as the same now exists or hereafter may amended, for the holding of municipal elections, so far as the same are not in conflict with this Char- ter Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and refer- endum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or hereafter may, be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use, thereof in the City so far as such E provisions of the. Elections Code are not in conflict with the provisions of ! this Charter. Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and, the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act i:n accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby con- tinued in force until the .same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801 . DEFINITIONS. Unless the provisions or the context otherwise j requires, as used in this Charter: (a) "Shall " is mandatory, and "may" is permissive. (b) 'City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, com- mission, agency, officer or employee, as the case may be, of the City of Hun- tington Beach. F (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the. feminine includes the masculine. i c-20 i (f) The singular includes the plural and the plural the singular. i (-g) "person" includes firm and corporation. Section 802. VIOLATIONS. The violation of any provision of this Charter shal V be a misdemeanor and shall be punishable upon conviction by a fine not exceeding Five Hundred Dollars ($500) or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each day that any, such violation continues shall constitute a separate violation. I i i i i - i E i i i i c-21 Chapter 3.36 UTILITIES TAX (1598-10/70; '2211=8777,' 2452-10/80, 2470-2%81, 2886712/86, 293378l88) ' i Sections! 3.36.010 Definitions 3.36,020 felephone tax-- Imposed 3.36.030 Telephone tax--Charges 3.36.,040 Telephone tax--Intrastate use 3.36.,050 Electricity tax ' 3.36.060 Use of electrical energy 3.36.070 Gas tax--Imposed 3.36.080 Gas tax--Exclusions 3.36.090 Water tax--Imposed 3.36.100 Water tax,,--Exclusions 3.36. 110 Repealed. Ordinance No. 2232. 7 Dec 77 3.36.120 Exemptions t . ... 3.36.130 Collection of tax 3.36.140 Collection--When made 3.36.150 Collection--Commencement 3.36.160 Filing return and payment 8.86.170 Delinquent when ' ' 3.36. 180 Penalty--Effect 3.36.190 Penalty--Imposed by administrator 3.36.200 Penalty--Combining nature 3.36.210 Action's to collect 3.36.220 Failure to pay--Administrative remedy 8.36.230 Assessment-=Administrative remedy 3.36.240 Assessment--Hearing 3.36.250 Records 3.36.260 Refunds 3.36.270 City exempt 3.36.280 Senior citizens--Exemption 3.36.290 Application required 3.36.300 Notification to service supplier 3.36.310 Service supplier--Duty of 3.36.320 Exemption automatic 3.36.330 Tax billing exemptions--Effective when 3.36.340 Violation--Penalty 3.36.010 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: (a) "City" means the city of Huntington Beach. (b) "Month" means a calendar month. 8/88 4 3.36.010(c)--3.36.040 (c) "Person" means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society, individual or municipal corporation. (d) "Service supplier" means any entity which receives taxes paid and remits same as imposed by this chapter. (e) "Service user" means a person required to pay a tax imposed by this chapter. (f) "Tax administrator" means the finance director of the city. . (g) "Telephone corporation, electrical corporation, gas corporation, and water corporation" shall have the same meanings as defined in sections 234, 218, 222, and 241 respectively, of the Public Utilities Code of the state of California, as said sections existed on January 1 , 1970. "Electrical corporation" and "water corporation" shall be construed to include any organization, municipality or agency engaged in the selling or supplying of electrical power or water to a service user; however, as specified by Public Utilities Code section 218, does not include a corporation or person employing cogeneraion technology or producing power from other than a conventional power source for the generation of electricity. (1598-10/70, 2933-8/88) 3.36.020 Telephone tax--Imposed. There is imposed a tax upon every person in the city, other than a telephone corporation, using intrastate telephone communication services in the city. The tax imposed by this section shall be at the rate of 5 percent of all charges made for such services . (1598-10/70) 3.36.030 Telephone tax--Charges. As used in this section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "telephone-communication services" include land-mobile services or maritime-mobile services as defined in section 2. 1 of Title 47 of the Code of Federal Regulations, as such section existed on January 1 , 1970. (1598-10/70) 3.36.040 Telephone tax--Intrastate use. Notwithstanding the provisions of section 3.36.020, the tax imposed under this chapter shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed by section 4251 of Title 26 of the United States Code, as such section existed on January 1 , 1970, without regard to section 3.36.020. (1598-10/70) 8/88 3.36.050--3.36.090 3.36.050 Electricity tax. There is imposed a tax upon every person in the city using electrical energy in the city. The tax imposed by this section shall be at thee rate of 5 percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges" as used in this section shall include charges made for: (a) Metered energy; and (b) Minimum charges for service, including customer charges, service charges, demand charges, standby charges and annual and monthly charges. , In the case of a service user employing cogeneration technology the tax imposed by this section shall be based upon the legal rate per kilowatt cogenerated, as charged by the applicable public utility. (1598-10/70, 2933-8/88) 3.36.060 Use of electrical energy. As used in this section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries. The term shall -not include electricity used in water pumping by water corporations; nor shall the term include the mere receiving of such energy by an electrical corporation or governmental agency at a point within �- the city for resale. (1598-10/70) 3.36.070 Gas tax--Imposed. There is imposed a tax upon every person in the city using gas in the city which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of 5 percent of the charges made for such gas. (1598-10/70) 3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed in this section is computed: (a) Charges. made for gas which is to be resold and delivered through mains or pipes; (b) Charges made for gas to be used in the generation of electrical energy by an electrical corporation; (c) Charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities; and (d) Charges for gas used in water pumping by water corporation. ' (1598-10/70) 3 36 090 Water tax--Imposed There is imposed a tax upon every person in the city using water in the city which is delivered through mains or pipes. 8/88 3.36.090--3.36. 170 The tax imposed by this section shall be at the rate of 5 percent of the charges made for such water and shall be paid by the person paying for such water. (1598-10/70) 3.36.100 Water tax--Exclusions. There shall be excluded from the base on which the tax imposed in this section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or a county or municipal water district for water used and consumed by such department, utility or district in the conduct of the business of such department, utility or district. (1598-10/70) 3.36.120 Exemptions. Nothing in this chapter shall be construed as imposing a tax upon any person if imposition of such tax upon that person would be in violation of the Constitution of the United States or the Constitution of the state of California. (1598-10/70) 3.36.130 Collection of tax. The amount of tax imposed by this chapter shall be collected from the service user by the service supplier. (1598-10/70, 2933-8/88) 3.36.140 Collection--When made. The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the service supplier. (1598-10/70) 3.36.150 Collection--Commencement. The duty to collect tax from a service user shall commence with the beginning of the first regular billing period applicable to that person which shall begin as of January 1 , 1971 , or at the beginning ofthe first regular billing period thereafter which would not include service prior to January 1 , 1971 . Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (1598-10/70) 3.36.160 Filing return and paymet. Each service supplier shall make a return to the tax administrator, on forms provided by him, stating the amount of taxes billed by the service supplier during the preceding month. The full amount of the tax collected shall be included with the return and filed with the tax administrator. The tax administrator is authorized to require such further information as he deems necessary to determine properly if the tax here imposed is being levied and collected in accordance with this chapter. Returns must be postmarked with prepaid postage and properly addressed, or personally delivered to the tax administrator on or before the 20th of each month. Returns are due immediately upon cessation of business for any reason. (1598-10/70; 2211-8/77) 3.36.170 Delinquent when. Taxes collected from a service user which are not filed with the tax administrator on or before the due dates provided in this chapter are delinquent. (1598-10/70; 2211-8/77) 8/88 i 3.36.180--230 3.36,180 Penalty--Effect Penalties for delinquency in payment of any tax collected or any .deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of 15 percent of the total tax collected or imposed herein. (1598=10/70; 2.211-8/77) 3.36.190 Penalty--Imposed by administrator. The tax administrator shall have power to impose additional penalties upon persons required to collect taxes under the provisions of this chapter for fraud or negligence in reporting or paying at the rate of 15 percent of the amount of the tax collected or as recomputed by the tax administrator. (1598-10/70; 2211-8/77) 3.36.200 Penalty—Combining nature. Every penalty imposed under the provi sions of this chapter shall become a part of the tax required to be paid. (1598-10/70; 2211-8/77) 3.36.210 Actions to collect. Any tax required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the city. Any such tax collected from a service user which has not been paid to the tax administrator shall be deemed a debt owed to the city by the person required_ to collect and pay. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. (1598-10/70; 2211-8/77) 3.36.220 Failure to pav--Administrative remedy. Whenever the tax administrator �determines that a service user has deliberately withheld the amount of the ,tax owed by him from the amounts remitted to a service supplier, or that a service, user has failed to pay the amount of the tax for a period of two or more billing periods, or whenever the tax administrator deems it in the best interest of 'the city, he may relieve the service supplier of the obligation to collect taxes due under this chapter from certain named service users for specified billing periods. The tax administrator shall notify the service user that he has assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The no- tice shall be served on the service user by handing it to him personally or by deposit of the notice in the United States mail , postage prepaid thereon, addressed to the service user at the address to which billing was made by the service f supplier; or should the service user have changed his address, to his last 'known address. If a service user fails to remit the tax to the tax administrator within fifteen days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person; a penalty of 25 percent of the amount of the tax set forth in the notice shall be imposed but not less than five dollars. The penalty shall become part of the tax herein required to be paid. (1598-10-/70) 3.36.230 Assessment--Administrative remedy. The tax administrator may make an assessment for taxes not paid or remitted by a person required to pay or remit. A notice of the assessment which shall refer briefly to the amount of the taxes and penalties imposed and the time and place when such assessment 8/88 3.36.230--3.36.280 shall be submitted to the city council for confirmation or modification. The tax administrator shall mail a copy of such notice to the person selling the service and to the service user at least ten days prior to the date of the hearing and shall post such notice for at least five continuous days prior to the date of the hearing on the chamber doors of the city council . Any interested party having any objections may appear and be heard at the hearing provided his objection is filed in writing with the tax administrator prior to the time- set for the hearing. (1598-10/70) 3.36.240 Assessment--Hearing. At the time fixed for considering the assessment, the city council shall hear the same together with any objection filed as aforesaid and thereupon may confirm or modify the assessment by motion. (1598-10/70) 3.36.250 Records. It shall be the duty of every person required to collect and remit to the city any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times. (1598-10/70) 3.36.260 Refunds. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this chapter, it may be refunded as provided in this section. (a) A person required to collect and remit taxes imposed under this chapter, may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the service user from whom the tax has been collected did not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. (b) No refund shall be paid under the provisions of this section unless the claimant established his right thereto by written records showing entitlement thereto. (1598-10/70) 3.36.270 City exempt. The taxes imposed by this chapter shall not apply to , the city. (1598-10/70) 3.36.280 Senior citizens--Exemption. The tax imposed by this chapter shall not apply to any individual service user sixty-two years of age or older who uses telephone, electric,water or gas services, in or upon any premises occupied by such individual , provided the combined adjusted gross income as used for federal income tax reporting purposes of all members of the household 8/88 3.36.280--3.36.340 in which such service user resides was less than ten thousand dollars for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided by this chapter is applied. (2452-10/80; 2886-12/86) I 3.36.290 Application required . Any service user, meeting the requirements for exempt status , may file a verified application with the director of finance on a form furnished by him. The director of finance, or his designee, shall review all applications and certify those service users as exempt who meet the requirements for the exemption provided by this chapter. (2452-10/80) 3.36.300 Notification to service supplier .\ The director of finance,' or his designee shall compile a list of all exempt service users, together with the addresses, account numbers, if any, of such users, and such other information as may be necessary for service suppliers to remove exempt service users from their tax billings . (2452-10/80) 3.36.310 Service supplier--Duty of No service supplier shall be required to bill any exempt service user for any tax imposed by this chapter after receipt of notice from the director of finance that such service user has met the requirements for exempt status established by the provisions of this chapter. (2452-10/80; 2470-2/81 ) 3.36.320 Exemption automatic . The exemption provided for in this chapter �\ shall continue and be renewed automatically from year to year except as hereinafter provided. No exempt service user shall fail to notify the director of finance within ten (10) days of a change of address, or of any other fact or circumstance which might disqualify him or otherwise affect his exempt status. All exempt service users shall file with the director of finance new verified applications in order to receive exempt service at a new address or location. (2452-10/80) 3.36.330 Tax billing exemptions--Effective when . All service suppliers shall remove exempt service users from their tax billings for the first regular full billings dated on or before October 15, 1980, and thereafter within sixty (60) days after notice from the director of finance to do so. (2452-10/80) 3.36.340 Violation--Penalty. It is unlawful and a misdemeanor for any person knowingly to receive the exemption provided by this chapter when such person has not met the requirements on which such exemption is based, or when such person can no longer meet the requirements on which such exemption is based, and upon conviction thereof shall be subject to a fine of five hundred dollars ($500) or imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed or continued. (2452-10/80) 8/88 5.40.010--5.40.030 '• Chapter 5.40 COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS (3047-8/90) Sections: 5.40.010 Intent and Purpose 5.40.020 Definition 5.40.030 Permit Required 5.40.040 Transfer of Permit 5.40.050 Permit Application and Procedure 5.40.060 Issuance or Denial 5.40.070 Appeal of the Action by the Director of Public Works 5.40.080 Appeals to the City Council 5.40.090 Permit Term 5.40.100 Revocation of Permit 5.40. 110 Display of Permit 5.40. 120 Required Deposits 5.40. 130 Insurance 5.40. 140 Permittee Liability 5.40. 150 Acceptance of Permit by the Applicant 5.40. 160 Changes in Permit 5.40. 170 Violation -- Penalty 5.40.010 Intent and Purpose. It is the intent and purpose of this Chapter to establish general operating procedures and standards for trash drop off boxes and trash bins operating within the incorporated area of this city, to provide a fair and impartial means of allowing responsible private operators to provide such service in the public interest. (3047-8/90) 5.40.020 Definitions. For the purpose of this chapter, the following terms are defined: (a) "Director of Public Works" means the Director of Public Works of the City of Huntington Beach. (3047-8/90) (b) "Permittee" means a refuse collector who has been granted a permit by the City of Huntington Beach. (3047-8/90) (c) "Trash Bin" means a container used for the purpose of depositing trash for later collection, or items to be recycled. (3047-8/90) (d) "Dump off box, drop off box, or D.O.B. " , means a container used for the purpose of depositing trash for later collection or items to be recycled. (3047-8/90) 5.40.030 Permit Required. It shall be unlawful , except the City or its authorized representative, for any person to collect trash from trash bins or trash drop off boxes, or to act in such a capacity either directly or indirectly without possession of a permit. (3047-8/90) 8/90 5.40.040--5.40.060(c) 5.40.040 Transfer of Permit. No license issued pursuant to this chapter can be transferred by operation of law or otherwise. The following shall be considered transfers for purposes of this section: (a) Any change in the business structure of a licensee, including, but not limited to, changes from or to: (1 ) A sole proprietorship; (2) A partnership, including any change in the partners; and (3) A corporation, including any change in the shareholders , whether by operation of law or otherwise. (3047-8/90) (b) Bankruptcy, an assignment for the benefit of creditors , or the appointment of a receiver. (3047-8/90) (c) A sale or transfer of over 10 (10%) percent of the assets of a licensee. (3047-8/90) 5 40 050 Permit Application and Procedure. (a) General . Application for trash bin or D.O.B. permits may be obtained at the office of the Director of Public Works. Permit application forms and processing procedures shall be established by the Director of Public Works. (3047-8/90) (b) Plans. The Director of Public Works may require such details as deemed necessary to determine the exact location, nature, dimensions, duration and purpose of the desired permit. (3047-8/90) 5.40.060 Issuance or Denial . (a) Approval . Upon finding the requested permit conforms to the provision of this Chapter, other applicable provisions of the Huntington Beach Municipal Code, and State and Federal law, the Director of Public Works, or his authorized agent, shall issue the permit. (3047-8/90) (b) Denial . If the Director of Public Works finds that the requested permit is in conflict with , any provision of this Chapter or any other applicable provision of law or the Huntington Beach Municipal Code, the Director of Public Works, or his authorized agent, shall deny the permit. (3047-8/90) (c) Time Limit. The Director of Public Works shall approve or deny the permit within thirty (30) days of receipt of the written application for the permit. (3047-8/90) 8/90 :� > O 9 D \ 5.40.070--5.40. 100 5.40.070 Appeal of the Action by the Director of Public Works. If any applicant is dissatisfied with decisions of the Director of Public Works , they may appeal such decision to the City Manager. The appeal shall be in writing to the City Manager and shall set forth the basis of the appeal . The City Manager, or his designee, shall hold the hearing on the appeal within thirty (30) days of receipt of the written appeal . The City Manager, or his designee shall render a written decision within thirty (30) days after the close of the hearing on the appeal . (3047-8/90) 5.40.080 Appeals to the City Council . (a) Any person dissatisfied with any decision of the City Manager may file, within fifteen (15) days after such decision is announced at the conclusion of a hearing, otherwise within fifteen (15) days after mailing the applicant or permittee a written notice of the decision by registered or certified mail , a written Notice of Appeal to the City Council . (3047-8/90) (b) Within fifteen (15) days of receipt of a Notice of Appeal to the City Council , the City Manager, or his designee shall give not less than ten (10) days ' written notice of the date, time, and place of such hearing on appeal to the appellant, or permittee. The City Council , at a hearing on appeal , shall consider only the transcript of proceedings before the City Manager, or his designee, together with any exhibits received in evidence during such proceedings; provided, however, that on application of any party, the City Council may, in its discretion, permit the introduction of additional evidence. In either case, the City Council may hear and consider additional argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. (3047-8/90) 5.40.090 Permit Term. The term of the permit shall be as set forth in the approved permit. A permit may be granted by the Director of Public Works for a period not to exceed six (6) months from the date of issuance. The Director of Public Works may terminate a continuing permit by posting 'a notice on the trash bin or D.O.B. one (1 ) day, twenty-four (24) hours prior to the date of termination. The permit term may be renewed or extended at the discretion of the Director of Public Works . (3047-8/90) 5.40.100 Revocation of Permit. A permit may be revoked at any time at the option of the Director of Public Works whenever the permittee fails to comply with or violates this City ordinance, City standards, safety regulations , or any condition of the issuance of the permit. Upon revocation of the permit, the permittee shall immediately remove the trash bin or D.O.B. If the trash bin or D.O.B. is not removed within twenty-four (24) hours after notice is posted, the city or its authorized representative, may remove and impound the trash bin or D.O.B. Any and all costs incurred by the City for enforcement of this Section shall be at the expense of the permittee or violator. Costs incurred by the City will be deducted from any deposits posted by the permittee and, if necessary, recovered by legal action. (3047-8/90) 8/90 CF J 5.40. 110--5.40. 170 5.40.110 Display of Permit. The permittee shall post in a conspicuous place upon the trash bin or D.O.B. any permit issued pursuant to this chapter. (3047-8/90) 5.40.120 Required Deposits. (a) Prior to issuance of a permit, the permittee shall deposit with the City, cash or a certified or cashier' s check, in the sum to be fixed by the Director of Public Works , not to exceed five hundred dollars ($500.00) , as sufficient to reimburse the City for costs of removal of ' the trash bin or D.O.B. and for the cost of inspection and permit. (3047-8/90) (b) Inspection and permit fee. The amount of the inspection and permit fee shall be the actual cost of such inspection and permit by the City as determined by the Director of .Public Works, but not to exceed fifty dollars ($50.00) . (3047-8/90) 5.40.130 Insurance. Insurance Permittee shall maintain liability and workers ' compensation insurance in an amount and form as required by the latest resolution of the City Council for permit applications . (3047-8/90) 5.40.140 Permittee Liability. Permittee shall agree to hold the City, its officers, and employees harmless from any and all liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee' s installation, operation, maintenance or removal of the trash bin or drop off box. (3047-8/90) 5.40.150 Acceptance of Permit by the Applicant. Acceptance by the applicant of the permit shall be conclusive evidence of the reasonableness of the terms imposed and shall constitute a waiver of any right to legislative determination thereof. (3047-8/90) 5.40.160 Changes in Permit. No changes may be made in the location, dimension, character, or duration of the use as granted by the permit, except upon written authorization of the Director of Public Works. (3047-8/90) 5.40.170 Violation -- Penalty. (a) Any person who violates any provision of this chapter shall be guilty of a MISDEMEANOR, and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months, or by both. Each day of the existence of any continuing violation shall constitute a separate offense. (3047-8/90) (b) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (1688-12/71 , 1788-1282, 3047-8/90) 8/90 CITY OF HUNTINGTON BEACH DIVISION MAPS Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE DM 33 DM 33Z f PLA-RING ZONING G� DM 33 SECTIONAL DISTRICT MAP 28-5-II � Iry FEET .� NOTE \ ADOPTED AUGUST 15,1960 ALL DIMENSIONS ARE IN FEET CITY OF ANY ZONE ADJOINING ANY RIGHT OF WAY CITY COUNCIL ORDINANCE NO. IS INTENDED TO EXTEND TO THE CENTER ZONE ZONE OF SUCH RIGHT OF WAY AMENDED CASE ORDNO AMENDED CASE ORONO LEGEND: 9-3-63 352 1000 10-16 72 7I-20(L) 1781 C� QUALIFIED CLASSIFICATION LOW TIAL �IVNTINGTON BEACH 51863 42 1056 12 75 75-2 2133 ® MEDUMDEYRE5DENIDENTILDIS 4-6-64 396 1045 12CT -IS-75 75-09 2029 II''CC��4.q'� HIGHWAY COMMERCIAL DISTRICT 5-18-64 426 1056 12-6-76 76'21 2133 MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT 4-5-65 505 1132 4-17-78 78-5 2279 rv.1 MEDIUM DENSIT111FEY RESIDENTIAL RIOT CT 10-18-65 526 1162 -2-79 78-25 2339 OP OFFICE PROFESSIONAL DISTRICT 6-6-66 66-6 25 5'7-79 78-A8:B 236E ® RESIDENTIAL AGRICULTURAL DISTRICT ORANGE COUNTY CALIFORNIA "- COMMUNITY FACILITIES S(EDUCATION)DISTRICT 5-I-67 67-6 1319 5-]-79 79-2 2369 CF.R commurvlTv FaclunEs IRECREATwrvAUDISTRICT 7-17-67 67-12 1339 6_15-81 81-4 2492 COASTAL ZONE SUFFIX 8-7-67 PP67-2 1343 7-2-84 84-7 2706 _..-_ COASTAL ZONE BOUNDARY 2-5-68 67-35 1389 8-20-84 84-13 2719 _._ SETBACK LINE 4-7-69 69-3 1487 4-1-85 85-1 2755 7-17-71 71-9 1659 1-17-83 FLOOD ZONE 2606 --- UL IMATE RIGHT OF WAY 2-22-72 71-45 1723 I0-5-87 87-1 2906 =�^� PREGSE PLAN OF STREET ALIGNMENT 8-21-72 PP72-4 1771 FLOOOPLAIN DISTRICT WITHIN FLOOOZONE-FP2 21 22 28 2i 29 28 J - WARNER AVE, l �C4 pp -(0)-C4rd RI RI RI NiIG CL' a:� 1 22 EL DORADO DR. h r ROGERS ¢ DR. N R2 „R2 W z RI zRI R1 RI C4 DUNBaR - -- W DR V ~ J J X19TlEn< 99' I' 94 21' 47' RR2o z RI PENDLETION D. �w 53_�— R2 R2 W r U U RI RI RI RI RI R - AG=�E o R3-23 o ~ s 1019 "' -= OR===: R2 DR @g R1 w Rl W RI LL R RI R I Z Q — BRANNEN DR. 3 RI �GE P R3-23 - F v GLENROY DR. i� 3 RI E32G ;';03-23 TC Q W F LIEGE DR.J aJM R3 l`„-RT--a- -_o ,/,// / R,' 4 KENIWORTH O DR. RI RI �� 62004 n, GHENT DR. -I Z RA-CZ /RI J J J 2•89'5B'17"W]]300 E R RI P R\exeQA¢�3s31LeDRG]�z DR J RI RI RI RI RI-FP2 pl N rHn WENDY CR o C F-E D ITA DR. Rl[ V w ^ DR (RI) cNi RI s RI m ; // I w � G E �\�Cj✓ g NORDINAV c555555 RI v 0 „W e5 N 0 59 w 125a se SLATER -- --F c AVE. f � RN N N PRICE DR. 3 RI-CZ , _ ,o Gti DR,�� SERENE R I o R I R I R T \ pO RI-C LL a 2 m DR. RI—BURY RI-CZo R I / cl> p OR J �kRa RI-CZ CZ LOURDES DR. O /a� s MFLMSIDE OR RI CZ s R I k _ CANOCq �/ � < . C� /�a` U c'- - RAPHAEL DR. nn r �T BECK.CRC 'l/� Ck ? V� `C A LU L0µ CR L55Kr�n orvT o R I ffc� to �� y9 o pa0� V� RI-CZ4 PINION DR. CF-R-CZ S 44 k (RI) 0 4p9r °P �` DR ArvV TERRIER DR. 3 P4 DUa PADUA DR. � o R s RI-CZ6 / �q0 ,� tLANCEFIELD CRC c 34� Vti c2 RI-CZ _ D ; RI-CZ RI-R.CZ 2 VE. 'r' 29 2R � n 29 2T 32 33 // 4 33 34 PLANNING �mf SECTIONAL DISTRICT MAP 29-5-II °°° SCALE IN FEET �Y Q CITY OF UNTINGTON BEACHA& ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 9 � _ 0 01 WARNER AVE L zo zl 30 29 a�vaj Z +' WESTPORT 29 2A _ N 3 a UNDHILL Nu EDGEWATER J ES LR K G LR CF-R -- ORION AVE WEATHERLY BAY _ R LR a ALADDIN OR CF R u 1�Y 3 � CURTIS LR SEAPINE OR DOUR w o WARNER z AVE. LOS PATOS H CITY. OF H AVE •� I G � S � /O \ ,9 Z_ CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 2/21/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 911 Article 911 I , CYO -Ad 9110--9110.1 (c)(4) Article 911 LOW-DENSITY RESIDENTIAL DISTRICT (RI) (495-6/46, 556-2/50, 731-10/59, 810-1/61 , 940-1/63, 961-6/63, 1077-9/64, 1110-2/65, 1120-2/65, 1189-4/66, 1194-5/66, 1212-7/66, 1377-1/67, 1469-3/69, 1492-5/69, 1512-8/69, 1533-11/69, 1553-3/70, 1608-11 /70, 1705-2/72, 1754-7/72, 1952-2/75, 1953-2/75, 2110-10/76, 2115-11/76, 2166-3/77, 2373-9/79, 2411-2/80, 2560-7/72, 2580-11 /82, 2680-3/84, 2735-12/84, 2837-7/86, 3055-11/90) Sections• 9110 General provisions 9110.1 Permitted uses 9110.2 Minimum parcel size/frontage 9110.3 Maximum density/intensity 9110.4 Maximum building height 9110.5 Maximum site coverage 9110.6 Setback (front yard) 9110.7 Setback (side yard) 9110.8 Setback (rear yard) 9110.9 Open space 9110.10 Parking 9110.11 Miscellaneous requirements 9110 General provisions. The low density residential district (Rl ) is intended to be the most restrictive residential zone in terms of population density and in the requirements for light, air, ventilation, and open space for each individual lot. (2837-8/86) 9110.1 Permitted uses. The following subsections list permitted uses and the approval process for each one: (a) Building permit. Single family dwellings and accessory buildings which are permanently located on a parcel shall be subject to the issuance of a building permit. Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (b) Plan review. Zero side or rear yard setbacks shall be subject to plan review approval by the Director pursuant to section 9110.8(a) . (c) Conditional use permit. The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: (1 ) Planned residential developments pursuant to Article 915. (2) Building heights between twenty-five (25) and thirty (30) feet, and/or third stories pursuant to section 9110.4(a) . (3) Unclassified uses pursuant to Article 963. (4) Second unit additions pursuant to section 9110.3. (2837-8/86) 11/90 9110.2--9110.3(d) ' 9110.2 Minimum parcel size/frontage. A licensed land surveyor or civil engineer shall submit calculations showing lot width, depth, and area for any new parcel . (a) The minimum lot size shall be six thousand (6,000) square feet. (b) The minimum lot frontage shall be sixty (60) feet; ' however, the minimum required for cul-de-sac and knuckle lots shall be forty-five (45) feet. Lot frontage shall be calculated as outlined in the Definitions section. (c) Exception for averaging. The minimum lot size may be reduced to five thousand (5,000) square feet and/or the minimum lot frontage may be reduced to fifty (50) feet if the lot Is part of up to six (6) contiguous lots under the same ownership at the time of subdivision which, when averaged, meet the minimum lot size and frontage requirements. Provided further that none of the lots in the group shall be used to compute the average for any other group of lots. (d) Exceptions for lots created prior to code. (1 ) An individual lot which does not conform to the minimum lot area or frontage requirement shall be considered a legal building site if it was legally created prior to the effective date of Ordinance 495 (June 5, 1946) and which since that date has not been held in common ownership with any other lot with which it could have been merged. (2) A parcel of land under one ownership consisting of two (2) or more lots with less than five thousand (5,000) square feet each, if legally created prior to the effective date of Ordinance 495 (June 5, 1946) shall be considered a legal building site if the total square footage of the lots is a minimum of five thousand (5,000) square feet and the parcel abuts a dedicated street or vehicular easement. (2837-8/86) 9110.3 Maximum density/intensity. The maximum density shall not exceed one (1 ) dwelling unit per lot. Exception: a second unit may be added to an existing single family residence upon approval of a conditional use permit subject to the following standards: (a) The applicant shall be an owner occupant. (b) The minimum lot size shall be six thousand (6,000) square feet. (c) The second unit shall be attached to the main dwelling in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the second unit shall not be visible from the street in front of the residence. (d) The maximum square footage of the second unit shall be six hundred fifty (650) square feet nor shall it exceed one (1 ) bedroom. 11/90 „ Q. • 9110.3(d)-9110.4(a)(4) (e) The second unit shall not be sold separately from the main dwelling. (f) Four (4) total on—site parking spaces (nine (9) by nineteen (19) feet in size) shall be provided,. two (2) of which may be unenclosed, uncovered and arranged in tandem .with the existing spaces. Unenclos,ed spaces shall be located on the driveway apron or on a paved area between the driveway and the nearest side property line. Recreational vehicle storage shall not be permitted within any .required parking space. (g). The second unit shall comply with all applicable land use regulations of the Huntington Beach Ordinance Code except as specified herein. (h) The park and recreation fee shall be as,sesse.d 'at twenty-five (25) percent of the fee for a single family residence as set by resolution of.the City Council . (i ) No separate utility meters shall be permitted for the second unit. (j) The following safety and conservation measures for the new unit shall be implemented: (1 ) Insulation of acce.ssible. attic areas to R-19. (2) Weatherstripping of,doors and windows. (3) Installation of low flow shower heads and faucets certified by the California energy commission. (4) Installat-ion of approved smoke detectors. (2837-8/86) 9110.4 Maximum building height. Maximum building height shall be as follows: Main dwelling Twenty—five (25) feet and maximum two (2) stories Accessory building Fifteen (15) feet (a) Exception by conditional use permit. A maximum building height of thirty (30) feet and/or three (3) stories may be permitted subject to the approval of a conditional use permit. The Planning Commission shall consider the following guidelines in its decision on such a request: (1 ) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents , or on surrounding property values. j (2) The location, site plan and building design shall be harmonious and compatible with the streets, driveways, property lines, and - surrounding neighborhood. (3) The age and anticipated permanence of buildings on adjacent I properties shall be considered. 11 /90 . a 1 9110.4(a)(4)-=9110.7(a) (4) The commiss.ion shall consider any other criteria .it deems necessary ' to preserve the health, safety, welfare and convenience of the neighborhood. (2837-8/86) 9110.5 Maximum site coverage. Maximum site coverage shall be 'fifty (50) percent. Site coverage shall be as outlined in the definitions article. Exception: the maximum .site coverage shall be fifty-five (55'), percent for all lots abutting a park, recreation area, school , public waterway, or *flood cont-rol or: pu•blic utility right-of-way which is a minimum of one :hundred, (100). feet in clear width.. (2837-8/86) 9110.6 Setback (front yard). The minimum setback from the front property fines for a:ll structures exceeding forty-two .(42) inches. in height shall be as follows: Dwelling Fifteen (15) feet Front .entry:garage . Twenty-two (22) feet or carport Side entry garage Ten (10) feet Eaves, fireplaces,. Eleven 0 1.) feet open unroofed stairways `and balconies Accessory Buildings Fifty (50) feet or located within rear one-half of lot Detached garages may be located in front one-half of a lot which does not .exceed one hundred fifty (150) feet in length (2837-8/86) 91-10.7 Setback (side yard). The minimum setback from the side property lines shall be as follows: (a). ' Interior Side Yard Dwelling, garages and Ten (10) percent 'of lot width; minimum j accessory buildings of three (3) feet, need not exceed five (5) feet 0 Eaves Refer to Uniform Building Code Fireplaces Thirty (30) inches Open .unroofed stairways Three .(3) -feet and balconies Exception for zero - Refer -to 9110.8(a) p lot line 11 /90 * 9110.7(b)--9110.8(a) (b) Exterior Side Yard "f Dwelling and accessory Twenty (20) percent of lot width, buildings minimum of six (6) feet, need not exceed ten (10) feet Front entry garage Twenty—two (22) feet or. carport Eaves Refer to Uniform Building Code Fireplaces Thirty MY inches Open unroofed stairways Three (3) feet (2837-8/86)• and balconies t 9110.8 Setback (rear yard). The minimum setback from the rear property lines shall be as follows: Dwelling and open Ten (10) feet except may 'be reduced to unroofed stairways five (5) feet (including eaves) if rear yard abuts a park, recreation area, school , public waterway, or flood control or public utility right—of—way which is a minimum of one hundred (100) - feet in clear width Garage, carport or Five (5) feet if entered directly from open parking space alley Minimum turning radius shall be provided. pursuant' to Article, 960 Accessory buildings Five. (5) feet (including eaves) except no setback required if abutting an alley Eaves, fireplaces Six (6) feet Open unroofed balconies Ten (10) feet, except may be -reduced to five (5) feet if rear yard abuts• a public waterway Unenclosed patio covers Five (5) feet (including eaves) if walls composed of insect screening only, except no setback required if rear yard abuts a public waterway - a ..Projecting decks on Refer to section 9110. 11 (d) waterfront lots (a) Exception for zero lot line. A plan review application may be approved by the Director to permit either a zero side yard setback or a zero rear yard setback (only one zero setback per lot shall be 'permitted) . The Director shall consider the overall site plan, building materials, and the finish of the wall constructed on the zero setback property line in reviewing such. requests, as well as the following requirements: 11 /90 9110.8(a)(1 )--9110.9(a)(1 ) (1 ) The lot adjacent to the zero setback side or rear yard shall be held . under .'the•-same. ownership at the time of application and the setback for the. adjacent lot -shal.l be either zero or a minimum of ten (10) feet. (2) No portion of the dwelling. or any architectural features shall project over the property line. (3) The zero setback shall not be adjacent to a public or private right—of—way. (4) Exposure. protection between structures shall be provided. as specified by the fire department and building division. (5) The wall located at the zero setback property line shall be constructed of maintenance—free, solid decorative masonry for the first floor of the dwelling and of maintenance—free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches for the second story. Decorative construction need not be used on that portion of the wall obscured from view of the adjacent lot by another structure or wall . For a zero side yard setback, the wall shall intersect the rear property line. Fora zero rear yard setback, it shall intersect the side property lines. (6) For- parcels designed with one zero side yard setback, ,the opposite side yard shall be ten (10) feet wide and shall be. perpetually maintained free and clear of obstructions other than those specified below: eave encroachment of three (3) feet, swimming pools, normal landscaping, removable patio covers which maintain a minimum setback of five (5) feet from the side property line and/or garden walls and fences which cross said setback provided they are equipped with a gate and are equal in height to the first floor double plate, but not-, exceeding nine (9) .feet. (2837-8/86) 9110.9 Open space. Open space shall be required in accordance with the following provisions except that lots with a minimum forty (40) feet of water frontage shall ,be exempt from any open space requirement. Open space shall , be as outlined .in the definitions section. (a) Lots created after March 1969. Any lot recorded after the effective date of Ordinance 1469 (March 19, 1969) shall provide behind the front yard setback a minimum open space area of twelve hundred (1 ,200) square feet with no dimension less than twenty—five (25) feet. Required open space may be, allocated in conformance with one of the following alternatives when a building, structure or.fence over forty—two (42) inches in height provides a physical separation between the front yard setback and the remainder of the lot: (1 ) , One (1 ) area of nine hundred (900) square feet, with no dimension less than, twenty—five (25) feet, and an additional three hundred (300) square feet in up to two areas. with. no dimension less than fifteen 0 5) feet. . 11 /90 i i 4 • 9110.9(a)(2)--9110.11 (d) (2) Two (2) areas of six hundred twenty-five (625) square feet, with no dimension less than twenty-five (25) feet. i (b) Lots created before March 1969. Any lot recorded after the effective date of Ordinance 495 (June 5, 1946) and prior to the effective date of Ordinance 1469 (March 19, 1969) shall provide within the rear two-thirds of the lot a minimum open space area of nine hundred (900) square feet with no dimension less than twenty (20) feet. Required open space may be divided into two areas of four hundred fifty (450) square feet; minimum dimensions remain the same. j (c) Lots created before June 1946. Any ..lot recorded prior to the effective date of Ordinance 495 (June 5, 1946) shall provide within the rear two-thirds of the lot a minimum open space area of ninety (90) square feet for each five (5) feet of lot frontage, not to exceed nine hundred (900) square feet. The required open space may be divided into two ,areas f with no dimension less than fifteen (15) feet, plus one (1 ) foot for each five (5) feet of.lot frontage over twenty-five (25) feet, not to exceed twenty (20) feet,. (2837-8/86) 9110.10 Parking. Parking shall comply with the standards outlined in 'Article 960. The parking of-motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. (3055-11/90) (a) Oversized-.vehicles (see definitions Article 908) , campers, trailers and boats.on trailers ,may be parked on the paved driveway area or 'on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (3055-11/90) (b) Commercial oversized vehicles (see definitions Article 908) or special purpose machines shall be prohibited in any yard area. (2837-8/86, 3055-11/90) 9110.11 Miscellaneous requirements. (a) Accessory buildings. Accessory buildings may be permitted on a lot with a permitted main building. The minimum distance between an accessory building and any other building on the same lot shall be ten (10) feet. Setback requirements are as specified in this .arti,cle. (b) Architectural features. Architectural features, including eaves, fireplaces, and open unroofed stairways and balconies shall maintain a minimum distance of five (5) feet from any portion of any other building on the same lot. Setback requirements are as specified in this article. (c) Fencing. Fencing shall comply with the standards outlined in this code. (d) Projecting decks. Decks on waterfront lots may project five (5) feet beyond the bulkhead or bulkhead line extended provided that side yard setbacks as required for. the main dwelling are maintained, .and subject to the following requirements and Chapter 17.24 of the Huntington Beach Municipal Code. 11 /90 i 9110.11 (d)(1 )--9110.11(e)(2) (1 ) Covers and windscreens. Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas, fiberglass, tempered glass or metal , except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface -of the deck at the bulkhead line, but not exceeding the height of the second story finished floor. A minimum eighty (80) percent of one side of such ,windscreen shall be open. (2) Removal . Decks and windscreens projecting over City property which do not comply with the above provisions may be removed by the City upon thirty (30) days written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (e) Minimum dwelling size. (1 ) The minimum residential floor area shall be one. thousand (1 ,000) square feet. (2) The minimum width of a residential structure shall be twenty (20) feet. The Director.may approve a reduction in this requirement for a portion of or addition to the main dwelling. (2837-8/86) f 11/90 I r CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 2/21/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 912 Article 912 9120--9120.,l (c)(3) Article 912 MEDIUM, DENSITY RESIDENTIAL (R2), MEDIUM HIGH DENSITY RESIDENTIAL (R3.) AND HIGH DENSITY RESIDENTIAL 04) DISTRICTS (495-6/46, 556-2/50, 940-1/63, 1128-5/66, 1212-7/66, 1222-8/66, 1288-8/66, 1315-5/67, 1447-11/68, 1469-3/69, 1512-8/69, 1603-10/70, 1609-11/70, 1683-12/71 , 1684-12/71 , 1686-1/72, 1705-2/72, 1752-10/72, 1754-7/72, 1809-2/73, 1847-7/73, 1860-9/73, 1941-10/74, 1952-2/75, 2166-3/77, 2373-9/79, 2411-2/80, 2580-11/82, 2838-8/86, 3056-11/90) Sections 9120 General provisions 9120.1 Permitted uses 9120.2 Minimum parcel size/frontage 9120.3 Maximum density/intensity 9120.4 Maximum building height 9120.5 Maximum site coverage 9120.6 Setback (front yard) 9120.7 Setback (side yard) 9120.8 Setback (rear yard 9120.9 Open space 9120.10 Parking and Loading 9120.11 Miscellaneous requirements 9120 .General provisions. The R2, R3, and R4 districts are intended to provide for multifamily residential developments at medium to higher densities while still preserving the maximum amount of light, air, ventilation, and open space for the residents in such developments. (2838-8/86) 9120.1 Permitted uses. (a)- Building permit. Single family and multifamily dwellings, and customary accessory uses and structures permanently located on a parcel shall be permitted subject to the issuance of a building permit. Tents, trailers, vehicles, or -temporary structures shall not be used for dwelling purposes. (b) Plan review. Zero side or rear yard setbacks shall be subject to plan review approval by the Director pursuant to section 9110.8(a) . i (c). Use permit. The following uses may be permitted subject to the approval of a use permit application by the Zoning Administrator. (1 ) Projects which abut arterial highways. (2) Any project which includes a multifamily dwelling located more than 4 150 ,feet from a public street. (3) Use permit approval is required when the total number of units in a project exceeds four (4) units in the R2 district, eight (8) units in the R3 district and fourteen (14) units in the R4 district. Such larger projects shall be developed according to those provisions contained herein that specifically address "apartment complex developments." 11/90 9120.1(d)' -9120.3 (d) Conditional use permit. The following uses may be permitted subject to the approval of a conditional use permit by the,Planning Commission: . (1 ) Planned residential developments. (2) Unclassifi.ed uses pursuant to Article 963. (2838-8/86) 9120.2 Minimum parcel size/frontage:-- A-- licensed land surveyor or civil engineer shall submit calculations showing lot width, depth, and area for any new parcel . Frontage shall be calculated as outlined in the Definitions section. Type Minimum Lot Size Minimum Lot Width Interior Lots 6,000 square feet 60 feet Corner Lots 6,500 square feet 65 feet Cul—de—sac and 45 feet knuckle lots (a) Exceptions for lots created prior to code. (1) An individual lot which does not conform to the minimum lot area �~ requirement shall be considered a legal building site if it was legally `created prior to the effective date of Ordinance 495 (June 5, 1946) and which since that date has not been held in common ownership with any other lot with which it could have been merged. (2) A parcel of land under one ownership consisting of two (2) or more lots- with less than five thousand (5,000) square feet each and which were legally created prior' to the effective date of Ordinance 495 (June 5, 1946) shall be considered a legal building site if the total square footage of the lots is a minimum of five thousand (5,000) square feet and the parcel abuts a dedicated street or vehicular easement. (3) A legally created lot approved by the City with a lot siz.e five thousand (5,000) square feet or greater and a minimum lot frontage of fifty (50) feet shall be considered a legal building site. (2838-8/86) f 9120.3 Maximum density/intensity. The maximum density shall not exceed the following standards• for each zoning district. The maximum density for small complexes is indicated, as well as that for apartment complex developments as defined in section 9120.1 (c)(3) . 11/90 O � • i 9120.3--9120.6 Lot Area Required per Unit Zone Small complex Apartment complex (net square feet) (gross square feet) R2 2,000 3,000 R3 1 ,250 1 ,750 R4 1 ,000 1 ,250 (2838-8/86) 9120.4 Maximum building height. Maximum building height shall be: Dwellings: 30 feet Accessory Buildings: 15 feet (a) Exception 1 for apartment complex developments. Maximum building height for dwellings shall be thirty-five (35) feet subject to setback requirements contained herein; or (b) Exception 2 for increased setbacks. A maximum building height of thirty-five (35) feet may be permitted for main buildings provided the exterior wall of the building is set back a minimum of one hundred (100) feet from the lot line of any R1 zoned property, except this requirement may be. reduced to eighty-five (85) feet if the building site is separated from such property by (1 ) a school ; (2) golf course; or (3) a street, utility, or flood control public right-of-way which is a minimum of sixty (60) feet in clear width. The minimum interior side yard setback shall be ten (10) feet. (2838-8/86) 9120.5 Maximum site coverage. Maximum site coverage shall be 50 percent. Where a lot abuts a park, recreation area, school , public waterway, or flood . control or public utility right-of-way which is a minimum of one hundred (100) feet in clear width, site coverage may be increased to fifty-five (55) percent. Site coverage shall be as outlined in the definitions article. (2838-8/86) 9120.6 Setback (front yard). The minimum setback from the front property lines for all structures exceeding forty-two (42) inches in height shall be as follows: Dwelling R2: Fifteen (15) feet. R3 and R4: Ten (10) feet Exception: apartment complex developments shall have an average of 20 feet, minimum of 15 feet at any point (includes balconies, stairways, etc.) Front entry garage Twenty-two (22) feet or carport Side entry garage Ten (10) feet Eaves, fireplaces, R2: Eleven (11 ) feet open, unroofed stairways R3, R4: Six (6) feet and balconies 11/90 1 s 9120.6--9120.7(b)• Accessory Buildings Fifty (50) feet or located within rear one-half of lot. Detached garages may be located in front one-half of a lot which does not exceed 150 feet in length (2838-8/86) 9120.7 Setback (side yard). The minimum setback from the side property lines shall be as follows: (a) Interior Side Yard Dwelling, garages and Ten (10) percent of lot width accessory buildings minimum of 3 feet, need not exceed 5 feet Eaves Refer to Uniform Building Code Fireplaces Thirty (30) inches Open, unroofed stairways and balconies Three '(3) feet Exception for zero lot line Refer to section 9110.8(a) Exception for apartment complex developments: -Main buildings less Ten (10) feet minimum, plus 1 foot for each 2.5 than 30 feet in height feet of building length over 25 feet that is parallel to any adjacent R1 zoned property -Main buildings Ten (10) feet except minimum setback to the exceeding 30 feet in property line of any R1 zoned property shall height be 100 feet. If main building is separated from such property by a garage or carport structure, requirement may be reduced to eighty-five (85) feet. -Garages and carports No setback from interior property lines provided they are constructed of a maintenance free, solid masonry material . No portion of the structure or any architectural feature shall project over any property line. (b) Exterior side yard Dwelling and accessory Twenty (20) percent of the lot width, minimum building of 6 feet, need not exceed 10 feet. Exception: apartment complex developments shall have an average of twenty (20) feet, minimum of fifteen (15) feet at any point (includes balconies, stairways, etc.) . Front entry garage or carport Twenty-two (22) feet 11/90 9120.7(b)--9120.9 Eaves Refer to Uniform Building Code Fireplaces Thirty (30) inches Open, unroofed stair- Three (3) feet ways and balconies (2838-8/86) 9120.8 Setback (rear yard). The minimum setback from the rear property lines shall be as follows: Dwelling and open Ten (10) feet except may be reduced to five (5) unroofed stairways feet (including eaves) if rear yard abuts a park, recreation area, school , public waterway, or flood control or public utility right-of-way which is a minimum of 100 feet in clear width Garage, carport or Five (5) feet if entered directly from alley open parking space provided minimum turning radius is provided pursuant to Article 960 Accessory buildings - Five (5) feet, including eaves, except no setback required if abutting an alley �' Eaves, fireplaces Six (6) feet l -7 Open, unroofed Ten (10) feet, except may be reduced to five balconies (5) feet .if rear yard abuts a public waterway Unenclosed patio Five (5) feet (including eaves) if walls « covers composed of insect screening only, except no setback required if rear yard abuts a public waterway Exception for zero Refer to section 9110.8(a) lot line Exception for apartment Refer to section 9120.7(a) complex developments (2838-8/86) 9120.9 Open Space. The minimum square footage of open space area shall be twenty-five (25) percent of the residential gross floor area. A portion of ' this requirement shall be private recreation area in that each ground floor unit shall have a patio area and each unit above the ground floor shall have a balcony with minimum sizes as stated below. (Ground floor patios may be counted toward the twenty-five (25) percent requirement, but not balconies.) i Private Recreation Space Minimum Square Feet Minimum Dimension Patio 70 7 Balcony 60 6 11/90 a 9120.9--9120.11 (f) The remaining areas shall be common open space, arranged to offer maximum enjoyment to all residents as well as provide visual appeal and building separation. The minimum dimension of any common recreation area shall be twenty (20) feet for apartment complex developments. Enclosed recreation or leisure areas may encompass no more than 15 percent of the total requirement. Common recreation areas shall not be located within ten (10) feet of any ground floor wall containing a door or window opening, nor within five (5) feet -of any other wall . (2838-8/86) 9120.10 Parking and loading. All developments shall comply with the standards outlined in Article 960, as well as the following requirement: (3056-11/90) (a) Parking prohibited. The parking of trailers, campers and boats or machinery shall be prohibited in any required parking space and in the front of any dwelling. (3056-11/90) 9120.11 Miscellaneous Requirements. (a) Accessory buildings. Accessory buildings maybe permitted on a lot with a permitted main 'bui-lding. The minimum distance between an accessory building and any other building on the same parcel shall be ten (10) feet. Setback requirements are as specified in this article. (b) Building separation. The minimum distance between main buildings on the same parcel shall be fifteen (15) feet. Architectural features , (including eaves, fireplaces, and open unroofed stairways and balconies) shall maintain a minimum distance of five (5) feet from any portion of any other building on the same lot. Setback requirements for such architectural features are as specified in this article. (c) Building offset. Structures having dwellings attached side by side shall be composed of not more than six (6) dwelling units unless such structures provide an offset in the front building line a minimum of four (4) feet for every two dwelling units in the structure. (d) Minimum floor area. No. Bedrooms Square feet Bachelor/Single 500 One 650 Two 900 Three 1 ,100 Four 1 ,300 (e) Fencing. Fencing shall comply with the standards outlined in Article 977. (f) Landscaping. All setback areas visible from a public street and all common open space areas shall be landscaped and permanently maintained in an attractive manner with irrigation facilities provided. Trees shall be provided at a rate of one (1 ) thirty—inch box tree per forty-five (45) feet of street frontage or fraction thereof. Landscaping plans shall conform to the provisions of Article 960. . 11 /90 k 9120.11 (g)--9120.11(h) (g) Lighting. A lighting system shall be provided along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (h) Trash enclosures. Projects with more than four units shall have enclosed trash collection areas within two hundred (200) feet of any unit. Trash enclosures shall be constructed of masonry or other materials compatible with the main building and shall be screened from view of adjacent property. n� 11/90 Q 6 t ` CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 2/21/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 915 Article 915 e r 9150 Article 915 PLANNED RESIDENTIAL DEVELOPMENTS (PRD) P..LANNING DEVELOPMENT SUFFIX (-PD) (1563-4/70, 1717-3/62, 1803-2/73, 1847-7/73, 2049-5/76, 2056-6/76, 2429-6/80, 2711-10/84, 2850-8/86, 2850-8/87, 3060-1.1/90) Sections: 9150 General provisions 9150.1 Permitted uses 9150.2 Submittal requirements 9150.3 Appearance standards 9150.4 Maximum density 9150.5 Maximum site coverage 9150.6 Maximum height 9150.7 Setback (front yard) 9150.8 Setback (side yard) 9150.9 Setback (rear yard) 9150. 10 Building separation 9150.11 Building orientation 9150.12 Building bulk 9150. 13 Open space 9150. 14 Main recreation areas 9150.15 Minimum floor area 9150.16 Private access ways 9150.17 Parking and Loading 9150.18 Landscaping 9150.19' Miscellaneous provisions 9150.20 Homeowner or community associations 9150:21 Special permit 9150 General provisions. In order to promote better living environments in the development of residential property, there is hereby established a planned development suffix (-PD) which may be attached to base residential districts. The intent of this suffix is to require that the planned iresidential development standards in this article be used for applications to develop such property. The suffix --PD may be attached to the R1 , R2, R3, R4 districts, and any specific plans as may be deemed appropriate after public hearing. as required for zone changes in this code. The provisions of this article shall also apply to any property for •which .an application has been filed for a planned residential development (PRD) , including condominiums, community apartments, and st6ck ,cooper.atives. Thi.s article establishes development standards to promote better living environments in planned residential developments by encouraging better larnd planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping,and site layout and design. As planned `residential developments differ from apartments in numerous respects, such projects warrant special treatment. The City hereby declares its intent to distinguish such projects from apartment complexes 11n order :to assure that proper protection is afforded the future owners of such ' developments. (2056-6/76, 2429-6/80, 2850-81:86) 11 /90 9150.1--9150.4 9150.1 Permitted uses. Planned residential developments are permitted in the R1 , R2, R3, R4 districts and any specific -plans subject to the issuance of a conditional use permit and tentative tract approval . The conditional use permit application, the tentative tract map, .and preliminary site plans shall be submitted .concurrently and processed simultaneously. (1803-2/73, 1847-7/73, 2850-8/86) 9150.2 Submittal requirements. Submittal requirements shall be as set forth in applications available in the Department of Community Development. Such requirements shall include site. plans, preliminary grading plans, tentative tract maps, floor plans, elevations and a narrative description of the project including the following information: (a) Distance from the property to any known geological hazard. (b) Total number and type of units, and the number of units/bedrooms per gross acre. (c) Percentage of site coverage by all structures. i (d) Number and type of all parking spaces. (e) Amount of usable open space/recreation space provided and type of recreation facilities proposed. (f) Schedule and sequence of development, if phased. (1847-7/73, 2049-5/76, 2056-6/76, 2429-6/80, 2850-8/86) 9150.3 Appearance standards. The following standards shall be considered by the Planning Commission prior to development approval : (a) Architectural features and general appearance of the proposed development shall enhance the orderly .and harmonious development of the area or the community as a whole. (b) Architectural features and complimentary colors shall be incorporated into the design of all vertical exterior surfaces of the building in order to create an aesthetically pleasing project. (c) Attention shall be given to incorporating sign color and design into the overall design of the development. (d). All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley—like appearance. (1717-3/72, 1803-2/73, 2049-5/76, . 2056-6/76, 2.711-10/84,- 2850-8/86) 9150.4 Maximum density. . Maximum density shall be as shown in the following chart. For the purpose of calculating density, acreage shall include area to the centerline of abutting street rights—of—way, but not to exceed 7.5 percent of the net area. 9150.4--9150.10 Maximum Units Maximum Bedrooms RI 6.5 20 R2 15.0 38 R3 25.0 50 R4 35.0 53 (1503-4/70, 1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.5 Maximum site coverage. Maximum `site coverage shall be fifty (50%) percent. (1563-4/70, 1717-3/72, 1847-7/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.6 Maximum height. The maximum building height shall be thirty-five (35) feet. (1563-4/70, 1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.7 Setback (front yard). The minimum setback from a public street for structures exceeding forty-two (42) inches in height shall be twenty (20) feet; however, setback may be reduced to fifteen (15) feet provided that the reduction is for a maximum of fifty (50) percent of the total building frontage for each building or structure and that a twenty (20) foot average setback is maintained. These provisions shall not prohibit construction of a six (6) foot decorative masonry wall at the rear or exterior side property lines where necessary for noise reduction. Patio covers within private open space areas and the fences around such areas may be set back ten (10) feet from any access way. (1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.8 Setback (side yard). Exterior side yard setbacks shall be the same as stated for front yard setbacks. The minimum interior side yard setback for all dwellings and accessory structures (other than garages) shall be ten (10) feet. When any structure is adjoining property zoned or used for single family residential use, such setback shall be increased by one foot for every two and one-half (2.5) feet of building length exceeding twenty-five (25) feet. The mi.nimum interior side yard setback for garages shall be ten (10) feet; however, such structures may be constructed at a zero setback provided that the finished grade of the development at the common property line shall not be more than one foot greater than that of the abutting property., and that the wall of any such structure be of solid masonry material . (1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.9 Setback (rear yard). Rear yard setbacks shall be the same as stated for interior side yard setbacks. (1717-3/72, 1803-2/73, 2850-8/86) 9150.10 Building separation. The minimum building separation or distance between buildings and access ways shall be as follows: (a) Twenty-five '(25) feet between buildings, front to front. This distance shall be increased by five (5) feet for each story in excess of one (1 ) story. 11 /90 y s 9150.10(b)--9150.13 (b) Twenty (20) feet between buildings, rear to rear, or rear to front. This distance shall be increased by five (5) feet for each story in excess of one (1 ) story. (c) Fifteen (15) feet between buildings, side to front, or side to rear. This distance shall be increased by two and one—half (2.5) feet for each story in excess of one (1 ) story. (d) Ten (10) feet between buildings, side to side. This distance shall be increased by 2.5 feet for each_._story in excess of one (1 ) story, or by five (5) feet for each dwelling unit in excess of two in either of the structures, whichever is greater. (e) In order to provide for obliquely aligned buildings, the distance specified above may be decreased by five (5) feet at one building corner if increased by an equal or greater distance at the other corner. (f) Fifteen (15) feet between detached accessory buildings. (g) Ten (10) feet between detached accessory buildings and any dwelling unit. (h) Fifteen (15) feet between unenclosed parking spaces and any dwelling unit. (i ) Fifteen (15) feet between vehicular access ways and any dwelling unit. (j) Five (5) feet between travel lanes on vehicular access ways and garages or parking structures. However, where the garages are attached and/or adjacent to the units served, a minimum of fifty (50) percent shall be set back twenty (20) feet from the access way or back of sidewalk, whichever is greater. (2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.11 Building orientation. The orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and shall be considered when planning the location and orientation of buildings, open spaces, parking areas, and finished grade elevations. (2049-5/76, 2850-8/86) 9150.12 Building bulk. Structures having dwelling units attached side by side shall conform to the following requirements: (a) They shall -be composed of a maximum of six (6) units. (b) They shall have an offset in the front building line of at least four (4) feet for every two dwelling units within the structure. (c) They shall be. designed to have a minimum of one—third (1/3) of the total number of units within each multistory structure designed so as to be one story less in height than the remaining portion of the structure. (2049-5/76, 205676/76, 2711-10/84, 2850-8/87) 9150.13 Open space. The following open space requirements shall apply to all, planned residential developments. A maximum number-of units shall be located to abut common open space. 11 /90 9150.13(a)—=9150.13(f) (a) The minimum square footage of open space for recreation andJei'sure activities shall be subject to the following for each dwelling unit: District Minimum Area (square feet) R1 1200 R2 800 R3 600 ... ...,.. R4 400 ` (b) Common open space areas shall be designed and located within the development to afford maximum use by all residents of the project. .Common areas shall not be located closer than ten (10) feet to any ground floor dwelling unit having a door or window. Such areas shall have no dimension less than ten (10) feet in order to count toward the minimum requirement. Common areas may include game courts, game rooms, swimming pools, private dock areas, garden roofs or grounds, sauna baths, putting greens, or play lots. — (c) A unit in which all rooms used for human habitation are constructed at ground level shall be provided with an adjacent ground level patio as indicated with a minimum dimension of ten (10) feet. A unit in which all rooms used for human habitation are constructed above ground level shall be provided with a balcony or deck as indicated with a minimum` dimension of six (6) feet. Ground level units with more than one floor may have a combination of patios and balconies to meet the square footage required for a ground floor unit. ' Balconies which serve more than one unit shall not be used to satisfy these requirements. Minimum Square Feet Minimum Square Feet Unit Type (Patio) (Balcony) Studio to one bedroom 200 60 Two bedroom 250 120 Three bedroom 300 (may be in two Four bedroom 400 (areas) (d) The minimum open space areas required by this article shall not satisfy any requirement for park and recreation facilities. (e) Private waterways may be' used to satisfy part of the recreation and leisure area requirements. No more than fifty (50) percent of such required open space shall be water. (f) Enclosed recreation or leisure facilities shall not constitute more than fifteen (15) percent of the required open space area. 11/90 a 9150.13(g)--9150.14(f)(1 ) , 1-N. (g) For projects with less than two gross acres,- patio areas and balconies may be included as part of the total open space requirement provided they do not exceed fifty (50) percent of the total amount of open space required per unit. For projects between two to four gross acres, patio areas and balconies may be included as part of the total open space requirement provided they do not exceed twenty—five (25) percent-of the total amount of open space required per unit. For projects with more than four gross acres, patio access and balconies may not be included as part of the total open space requirement. In addition, common open areas shall have no dimension less than twenty (20) feet in order to count toward the minimum requirement. (1563-4/70, 1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, .2850-8/86) 9150.14 Main recreation areas. (a) For projects less than one gross acre in size, the minimum size main recreation area shall be twenty—five hundred (2500) square feet with no dimension less than fifty (50) feet. (b) For projects between one and four gross acres, the minimum size main recreation area shall be as shown in the table below. No dimension shall be less than fifty (50) feet. District Main Recreation Area R1 , R2 165 square feet per unit, 2500 square feet minimum R3, R4 100 square feet per unit, 2500 square feet minimum (c) Recreation areas shall not be located closer than ten (10) feet to any ground floor dwelling unit having a door or window, and no closer than five (5) feet to any wall without openings. (d) Recreation facilities or structures and their accessory uses may be counted toward the main recreation area requirement provided that paving, roofs, and other such surfaces shall not constitute more than five (5) percent of the total . (e) At least one of the following shall be provided: swimming pool , tennis court, basketball court, putting green, playground equipment, volleyball court, lawn bowling, outdoor cooking facility. (f) The minimum size main recreation area for projects more than four gross acres shall be ten thousand (10,000) square feet, with no dimension less than fifty (50) feet, and an average dimension of one hundred (100) feet. Such areas shall be subject to the following additional criteria: (1 ) Two or more of the amenities listed under (e) above shall be provided. 11/90 41 .9150. 14(f)(2)--9150.18(a) (2) Recreation areas shall not be located closer than twenty (20) feet to any ground floor dwelling unit having a door or window. (3) A clubhouse facility for projects with fifty (50) units or more shall be provided in the main recreation area. This facility shall be a i minimum of seven (7) square feet per unit, but not less than minimum Uniform Building Code standards. (1563-4/70, 1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.15 Minimum floor area. Each dwelling unit within the development shall have the following minimum floor area: Minimum Area Unit Type (square feet) Studio 500 One bedroom 650 Two bedrooms 900 `N Three bedrooms 1100 Four bedrooms 1300 (1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) s 9150.16 Private access ways. The following standards shall apply to all vehicular access ways: (a) Private ways serving as access to or within a planned residential development shall be provided with a minimum paved width equivalent to two (2) twelve (12) foot wide travel lanes. An additional twelve foot wide travel lane shall be provided in each direction for the first one hundred (100) feet from the point where such access way intersects a public street. (b) Access ways between one hundred fifty (150) and three hundred (300) feet ry in length shall have a turnaround with a minimum radius of thirty-one (31 ) f feet. For access ways between three hundred (300) and six hundred (600) feet, a turnaround with a minimum radius of forty (40) feet, or a connecting loop circulation system shall be provided. For access ways exceeding six hundred (600) feet, a connecting loop circulation system shall always be required. (1563-4/70, 1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.17 Parking and loading. All developments shall comply with the standards outlined in Article 960. (1563-4/70, 1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86, 3060-11/90) 9150.18 .Landsca in Landscaping requirements shall be as follows: Landscaping. p g (a) All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped and permanently maintained in an attractive manner. Such landscaping shall consist primarily of ground cover., ferns, trees, shrubs, and other living plants. j 11 /90 9150.18(b)--9150.19(g) (b) Decorative design elements such as fountains, pools, benches , sculpture, planters, and similar elements may be permitted provided such elements are incorporated as part of the landscaping plan. i (c) On-site trees shall be provided at the rate of one tree per residential unit. A minimum of seventy-five (75) percent of the total requirement shall be thirty (30) inch box trees and the remaining twenty-five (25) percent may be provided at a ratio of one (1 ) inch for one (1 ) inch by using twenty-four (24) inch box trees. Additional trees and shrubs shall also be provided for a well-balanced landscaped treatment. (d) Street trees shall be provided at the rate of one (1 ) fifteen (15) gallon tree per forty-five (45) feet on streets with a sixty (60) foot right-of-way. Thirty (30) inch box trees shall be planted on all arterial highways. One thirty (30) inch box tree per forty-five (45) feet of frontage shall be provided within a ten (10) foot setback of the public right-of-way in cases where parkway trees cannot be planted within the right-of-way. (1563-4/70, 1717-3/72, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.19 Miscellaneous provisions. Developments shall comply with the following provisions: (a) Address signs. The placement of address numbers shall be as approved by the fire department. (b) Cable tv. No exterior television antenna shall be permitted, but a common underground cable service to all dwelling units may be provided. (c) -Laundry areas. Where central laundry areas are provided, they shall be located to minimize visual and noise intrusion to the surroundings. (d) Lighting. The developer shall install an on-site lighting system on all vehicular access ways, within all covered or unenclosed parking areas, and along major walkways. A lighting plan shall be submitted for approval to the Director. Lighting shall be directed onto driveways and walkways within the development and away from adjacent properties. (e) Storage space. Where the proposed development is designed without an attached garage for each dwelling unit, a minimum of one hundred (100) cubic feet -of separate storage space shall be provided per unit. The design, location and size of the storage space shall be integrated into the development. (f) Street signs. - The developer shall install on-site street name signs at the intersections of access ways, as approved by the City Engineer. The design and location of street signs shall be approved by the Police Department. All signs shall be installed prior to the time the first unit is occupied. (g) Trash collection areas. Trash- collection areas shall be provided within two hundred (200). feet of the units. they serve. Such areas shall be enclosed or screened with masonry, and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures. 11/90 O 9150.190)-=9150.20(d) i (h) Vehicular storage. Unenclosed areas for storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated storage areas are set aside on the final development plan and provided for in the covenants, conditions and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a six (6) foot high. masonry wall and a landscaped buffer. (1563-4/70, 1717-3/62, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.20 Homeowner or community associations. Submittal of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of all open spaces, recreation areas, and communal facilities shall be required. Such instrument shall be approved by the City Attorney as to legal form and effect, and by the Department of Community Development as to suitability for the proposed use of the open areas. Common open space shall be guaranteed by a restrictive covenant, running with the land, describing the open space and its maintenance and improvement for the benefit of all residents. The developer shall file for recordation with the final subdivision map, legal documents which provide for restricting the use of common spaces for-the purpose approved on the final development plan. All common lands to be conveyed to the homeowners' association shall be subject to the right of the grantee or grantees to enforce its continued maintenance and improvement. Where common open spaces are conveyed to the homeowners' association, the developer shall file a declaration of covenants to be submitted with the application for approval that will govern the association. The provisions shall include, but not be limited to, the following: (a) The homeowners' association shall be established prior to the sale of the last dwelling unit. (b) Membership shall be mandatory for each buyer and any successive buyer. (c) The open space restrictions shall be permanent. (d) There shall be provisions to restrict parking other than as approved on the final development plan. (e) If the development is constructed in phases requiring one or more final maps, reciprocal covenants, conditions, and restrictions, and reciprocal management and maintenance agreements shall be established which will merge each phase as completed, and result in one homeowners ' association responsible for all common areas within the development. (1563-4/70, 1803-2/73, 2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) 9150.21 Special permit. Planned development standards are designed to encourage developments with an aesthetically pleasing appearance, enhance the living environment for the residents of the project, and to facilitate innovative architectural design and adaptation to the surrounding environment and terrain. Deviation from the provisions of this article, with the exception of maximum density and parking requirements, may be granted- at the time of approval of the project by application for special permit. The Planning Commission may approve the special permit application in whole or in part upon the following findings that the proposed development will : 11/90 . a 9150.21 (a)--9150.21 (d) (a) Promote better living environments. (b) Provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. (c) Not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . (d) Be consistent with the objectives-of the planned residential development 'I standards in achieving a development adapted to the terrain and compatible ! with the surrounding environment. (2049-5/76, 2056-6/76, 2711-10/84, 2850-8/86) I i 11/90 4 l t CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective 2/21/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 942 t Article 942 Y I i 9420 Article 942 j SHORELINE DISTRICT (SI ) , WATER RECREATION (WR) , AND COASTAL CONSERVATION ( -CC) DISTRICTS Sections : 9420 General provisions--,Shoreline district . 9420 . 1 Permitted uses. 9420. 2 Maximum height . 9420 . 3 Parking. 9420 . 4 Location requirements. i 9420 . 5 Signs . 9421 General provisions--Water recreation district . 9421 . 1 Permitted uses . 9421 . 2 Development standards . 9422 General provisions--Coastal conservation district . 9422 . 1. Definitions . 'i 9422 . 2 Coastal conservation suffix . ( -CC) . 9422 . 3 Coast-al conservation suffix--Removal of . 9422 . 4 Uses generally. 9422 . 5 Use permit required . i 9422 . 6 Conditional use permit required . 9422 . 7 Prohibited uses . { 9422 . 8 Required permits and agreements . . ! 9422. 9 Development standards--Mitigation measures. 9422 . 10 Mitigation measures--Dredging . i 9422 . 11 Mitigation measures--Diking or filling. 9422 . 12 Mitigation measures--Vegetation. 4 9422 . 13 Mitigation measures--Reduction of disturbances. 9422 . 14 Mitigation measures--Litter control . 9422. 15 Mitigation measures--Flood control . 9422 . 16 Mitigation measures--Construction and improvements . 9422 . 17 Mitigation measures--Duty of applicant . . 9422. 18 Degraded wetland restoration. 9422 . 19 Findings--Environmentally sensitive habitats . 9420 General provisions--Shoreline district . The purpose of the Sl district is to implerient the general plan land use designation of open space recreation; preserve, protect and enhance the existing and future recreation, .potential .of . the sandv beach area within the coastal zone; preserve as much of the dry sandy beach as possiblo; provide for a limited amount 7/87 R 9420 . 1 r of facilities for beach users; encourage reasonable public access from Pacific Coast Highway to the beach area; and preserve existing views from Pacific Coast Highway to the ocean . (Ord . 2862, 2 Oct 86; Ord . 2700, 1/84 ; Ord . 2658, 12/83; Ord . 1564, 4/70; Ord . 495, 6/46 ) 9420 . 1 Permitted uses . The following uses shall be permitted in the S1 district subject to architectural and landscape plan approval by the design review board : A. Access facilities . t B . Basketball courts Beach concession stands for sale of refreshments and beach-related sundries (not to exceed 2 ,500 square . feet . ) Boat loading/unloading areas for nonmotorized boats less than 20 feet in length F . Fencing Fire rings L ., Lifeguard towers , and other structures necessary for health and safety F . Paddle ball courts Parking lots provided they would not result in the loss of recreational sand area . Tiered parking is . per- mitted on existing lots seaward of Pacific Coast ` Highway provided the parking is designed so that the tops of the structures, including wails , are located a minimum of one foot below the maximum height of the ;adjacent bluff Park offices Picnic tables Picnic shelters Playground facilities Public restrooms Public dressing rooms Public showers R . Recreational vehicle overnight parking (not to exceed ten ( 10% ) percent of the available public parking spaces ) S . Shoreline construction that may alter natural shore- line processes , such as groins , cliff retaining walls , pipelines, outfalls , when required to serve j Y87 ' I f I I 9420 . 2_-9421 z coastal dependent uses or to- protect existing struc- tdres or public beaches in danger from erosion- and that are .designed to eliminate or mitigate adverse impacts on local shoreline sand supply T. Trails (bicycle or jogging ) and support facilities V. Volleyball net supports (Ord. 2862, ., 2 Oct 86 ; Ord . 2700, 7/84; Ord . 2658; 12/83; Ord . 1564y 4/70 ; Ord . 495 ; 6/46) 9420 . 2 Makimum, he"ight . Maximum height shall be twenty ( 20) feet except for lifeguard towers, or other_ facilities necessary for public safety. (Ord. 2862, 2 Oct 86; Ord . 2658; 12/83) 9420 . 3 Parking . Parking shall not be required for new structures unless such construction displaces existing parking . Displaced parking shall be replaced on a one-for-one basis in an area that would not result in the loss of recrea- tional sand. Parking shall comply with the standards outlined in Article 960. ( Ord : 2862, 2 Oct 86; Ord . 2658, 12/83 ) 9420: 4 Location requirements. ( a) Concession buildings shall be located a minimum of one thousand ( 1 ,000) feet apart . ( b) Beach concession stands, boat loading/unloading areas, park offices; pubiic •restrobms, dressing rooms and showers shall be located within or immediately adjacent to paved .parkihq or access areas . ( Ord . 2862, 2 Oct 86 ; Ord. 2658; 12/83) 9420 ..5 Sighs . Noniiluminated generic information 'or identification signs shall be permitted subject to approval by the design review board . ( Ord. 2862, 2 Oct 86 ; Ord. 2658 , 12/83) 9421 General provisions--water recreation district . The . purpose of the WR district is to implement the general plan land use designation of open space water; and to provide for the preservation "and enhancement of the existing and future recreation potential of tide and submerged lands in keeping with the Huntington Beach coastal element and the public trust provisions for commerce, navig,ition and fisheries . All other applicabl-e city, county, state and federal regulations shall be met prior to engaging i.n and activity within this district . ( Ord . 2862, 2 Oct 86; Ord . 2659, 12/83) 7/87 1 F 9421 . 1--'?422 9421 . 1 Permitted uses . .( a) The following uses shall be permitted: B. Beaches P. Private boat ramps, slips, docks, cantilevered decks, windscreens and boat hoists in conjunction with * adjacent single family dwellings Public boat ramps and piers ( b) Conditional use permit . The following public and semipublic uses shall be permitted subject to the approval of a conditional use permit by the planning commission: B. Boat related activity Boat slips D . Docks M. Marine fueling docks S . Sight-seeing vessels Sport fishing W. Water taxi service (Ord. 2862, 2 Oct 86; Ord. 2752, 4/85; Ord . 2704, 7/84; Ord . 2659, 12/83) 9421 . 2 Development standards . ( a) No use shall be sited or designed so as to obstruct public access to any sandy beach or public use area. ( b) No deck or structure shall extend more than five ( 5) feet over or in front of any bulkhead in any channel except for a landing or brow for access to a gangway for a dock . No structure shall extend beyond the bulkhead in an area identi- fied as environmentally sensit-.ve such as, but not limited to, eelg:rass beds and mudflats . ( Ord. 2862, 2 Oct 86; Ord. 2752, 4/85 ; Ord. 2704 , 7/84) 9422 General provisions--Coastal conservation district . The purpose of the coastal conservation district is to imple- ment the general plan land use designation of open space con- servation, and provide for protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habi- tat areas located within the coastal zone while permitting appropriate land uses. ( Ord . 2888, 31 Dec 86; Ord. 2862, 10/86) 7/87 /"`� 9422. 1--9422. 3 9422. 1 Definitions. The following words and phrases shall be construed as defined herein unless the context clearly indi- cates otherwise : (a) Energy shall mean any public or .private processing, producing , generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (b) Environmentally sensitive (habitat ) area shall mean a wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or .role in an ecosystem and which could be easily disturbed or degraded by human activities and develop- ments. (c) Feasible shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social , and technological factors . ( d) Functional capacity shall mean the ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity . �-� ( e) Significant disruption shall mean having a substantial may. adverse effect upon the functional capacity. ( f ) Wetland shall mean lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, swamps, mudflats and fens . (Ord . 2888, 31 Dec 86; Ord . 2862, 10/86) 9422. 2 Coastal conservation suffix (-CC) . There is hereby established the suffix ( -CC) to be appended to any base district to denote and protect environmentally sensitive areas . Such suffix shall take precedence over any other district designation . (Ord . 2888, 31 Dec 86) 9422 . 3 Coastal conservation suffix--Removal of . Prior to removal of the coastal conservation suffix ( -CC) , the following findings shall be made : ( a) That the underlying district designation is consistent with the coastal element of the general plan of the city o.f Huntington Beach; ( b) That the proposed removal of the suffix is in ac- 7/8 7 • . f P 9422 . 4--9422 . 6 cordance wi,`th the policies, standards and provisions of the California ,Coastal Act ; and (c ) That there is no feasible, less environmentally damaging alternative site for any proposed land use or development which may be allowed under California Public Resources Code sections 30233(a) ( 1) and 30264. (Ord. 2888, 31 Dec 86) 9422. 4 Uses generally . The uses set out in this article shall only be allowed where there is no feasible, less environ- mentally damaging alternative and where practical mitigation measures have been provided. ( Ord . 2888, 31 Dec 86; Ord. 2862, 10/86) 9422 . 5 Use permit required. The following uses shall be permitted in the coastal conservation district upon approval of a use permit by the board of zoning adjugtments : ( a) Incidental public service projects such as, but not limited to, burying -cables and pipes. ( b) Maintenance of existing streets and utility structures. (Ord. 2888, 31 Dec 86; Ord. 2862, 10/86) 9422 . 6 Conditional use permit required . The following r� uses may be permitted upon approval of a conditional use permit by the planning commission : ( a) New or expanded energy and coastal dependent industrial facilities . (b ) Diking , dredging and frilling necessary for the protection, maintenance, restoration or enhancement of the area ' s functional capacity as a habitat . ( c) Provision for existing flood control facilities where the primary purpose is to maintain existing capacity, necessary for public safety or to protect existing development in the flood plain . No maintenance activities shall be permitted which have the effect of draining wetlands . Such maintenance activities may include maintenance dredging of less than 100, 000 cubic yards in a twelve-month period; lining of in-place artificial channels; increasing the height of existing levees; changes .in the cross section of the interior channel to accommodate the design capacity, of channels when no widening of the top dimensions or widening of the outer levee is required. 7/87' /� 9422 . 7--9422 . 8 (d) New flood control facilities in conjunction with plans where necessary for public safety and to protect existing de- velopment in the flood plain . (e) Mineral extraction, including sand for beach restora- tion except in environmentally sensitive areas . (f ) Pedestrian trails and observation platforms for pas- sive nature study, including bird watching and the study of flora and fauna: Such uses may be located within an environ- mentally sensitive habitat area provided that they are immedi- ately adjacent to the area 's peripheral edge. t (g ) Maintenance of existing or restoration of previously dredged depths of navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps . (h ) Entrance channels for new or expanded boating facili- ties in a wetland area may be permitted . In a degraded wet- land, identified by the state department of fish and game pur- suant to California Public Resources Code section 30411 (b) , such facilities may Fe perm tt ed if a substantial portion of the degraded we is restored and maintained as a biolog- ically productive wetland . The maximum area of the wetland used for boating facilities, including berthing spacF, , turning basins, necessary navigation channels,, and any necessary sup- port service facilities, shall be twenty-five - ( 25% ) percent of the total degraded wetland area . ( i ) Nature study, aquaculture, or similar resource dependent activities. (Ord. 2888, '31 Dec 86; Ord. 2862, 10/86 ) 9422 . 7 Prohibited uses . Any use or structure not ex- pressly permitted shall be prohibited . (Ord . 2888, 31 Dec 86 ; Ord . 2862 , 10/86) 9422 .8 Required permits and agreements . Before any appli- cation is accepted for processing, proof shall be provided that the necessary state and federal regulatory permits or agree- ments have been obtained, or a statement from the regulatory body that such permits are not required shall be submitted : (a) United States Army Corps of Engineers : S . 404 and S . 10 permits; ( b ) California Department of Fish and Game: 1601-1603 agreement; 7/87 r 9422 . 9--9422 . 11 (c) State Water Resource Control Board (permit depends on the operation) ; (d) Regional water quality control board (.permit depends on operation) ; (e) California state lands commission permit . (Ord. 2888, 31 Dec 86; Ord . 2862, 10/86) 9422 . 9 Development standards--Mitigation measures. Before any application is accepted or processing, the applicant shall meet the following standards of this article, and shall incor- porate into the project design any feasible mitigation measures which will moderate adverse environmental .effects. (Ord . 2888, 31 Dec 87; Ord . 2862, 16/86 ) 9422 . 10 Mitigation measures--Dred "in . If the project " involves any dredging, mitigation measures shall include the following: (a) Dredging and- spoils disposal shall be planned and car- ried out to avoid significant disruption to wetland habitat"s and to water circulation. (b) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site. ( c.) Dredge spoils suitable for beach replenishment shall , where feasible, be transported to appropriate beaches or into suitable longshore current systems . (d) Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing , or other restoration measures . (Ord. 2888, 31 Dec 86; Ord . 2862 , 10/86) 9422 . 11 Mitigation measures--Diking or filling . If the project involves diking or filling of a wetland, the following minimum' mitigation measures shall apply. These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of "financial responsi- bility is provided to assure that restoration will " be accom- plished in the shortest feasible time . ( a) It an appropriate restoration site is " available, .the 7/8 7 /'r� 9422 . 12--9422 . 13 applicant shall submit a detailed restoration plan to the di- rector which includes provisions for purchase and restoration of an equivalent area of equal or greater biological produc- tivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space pur- poses . The site shall be purchased before the dike or fill development proceeds . (b) The applicant may in some cases be permitted to open equivalent areas to tidal action or provide other sources of surface water . This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas, but may become so if opened to tidal action or provided with other sources of surface water . ( c) If no appropriate restoration sites under options contained in this article are available , the applicant shall pay an in-lieu fee, determined by the city council, which shall be of sufficient value to an appropriate public agency for the j purchase and restoration of an area of equivalent productive value, or equivalent -surface area . This option shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site . Since the public j agency may also face difficulties in acquiring appropriate I sites , the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorney ' s fees, as well j as the cost of restoration, relocation and other costs . If the public agency' s restoration project is not already approved by the coastal commission, the public agency may need to be a i coapplicant for a coastal development permit to provide adequate assurance that conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to j the issuance of the permit . In addition , such restoration shall occur in the same general region, e .g. , within the same stream, lake, or estuary where the fill occurred . j (Ord . 28,88, 31 Dec 86; Ord. 2862, 10/86) i 9422 . 12 Mitigation measures--Vegetation . Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal i to the vegetation removed . (Ord . 2888, 31 Dec 86 ; Ord . 2862 , { 10/86 ) 9422 . 13 Mitigation measures--Reduction of disturbances. j Pedestrian trails, observation platforms and other incidental I structures shall be designed to reduce disturbance of wildlife and vegetation . Examples of improvements to effect such reduc- i �. 7/87 i i i I 1 9422 . 14--9422 . 17 tion are elevated walkways and viewing platforms, and vegeta- tive and structural barriers to lessen disturbances from permitted uses and inhibit internal access. (Ord. 2888, 31 Dec 86; Ord . 2862, 10/86 ) 9422 . 14 Mitigation measures--Litter control . Passive nature study uses shall include a program to control litter such as placement of an adequate number of containers and posted signs . (Ord . 2888, 31 Dec 86; Ord . 2862, 10/86 ) 9422 . 15 Mitigation measures--Flood control . Environ- , mentally sensitive habitat areas shall be restored and augmented to lessen the risk of flood damage to adjacent properties . (Ord . 2888, 31 Dec 86; Ord . 2862, 10/86 ) 9422 . 16 Mitigation measures--Construction and improve- ments . Any construction, alteration or other improvement shall generally be carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting . This requirement shall not apply if it can be demonstrated to the satisfaction of the director that no such disturbance would occur , in which case construction shall be timed to cause the least disturbance to wetland dependent species, such as migratory waterfowl and shorebirds . Construction or maintenance activities shall be carried out in areas of minimal size . The site shall be restored to its original state prior to completion of the project unless such site is to be altered to conform with an approved restoration project . ( Ord. 2888, 31 Dec 86; Ord. 2862, 10/86 ) 9422 . 17 Mitigation measures--Duty of applicant . The applicant shall demonstrate that the functional capacity is maintained or augmented unless relieved of any one or more of these requirements by the California department of fish and ,game, and it is also shown that the project will not significantly : ( a ) Alter existing plant and animal populations in a manner that would impair the long-term stability of the ecosystem, i .e . , natural species diversity , abundance and composition are essentially unchanged as a result of the project . (b ) Harm or destroy a species or habitat that is rare or endangered . 7/87 i i 9422. 18--9422 . 19 ( c) Harm a species or habitat that is essential to the natural biological function of a wetland or estuary. (d) Reduce consumptive ( fishing, aquaculture and hunting ) or nonconsumptive (water quality and research opportunity ) values of a wetland or estuarian ecosystem. ( Ord . 2888, 31 Dec 86; Ord. 2862, 10/86) 9422 . 18 Degraded wetland restoration. If the proposed project involves restoration of a degraded wetland, the ap- plicant shall comply with California Public Resources Code sections 30411 and 30233 to the satisfaction of the director . (Ord. 2888, 31 Dec 86 ; Ord . 2862, 10/86) 9422. 19 Findings--Environmentally sensitive habitats . The purpose of this section is to ensure an environment which is suitable for the self-perpetuation of environmentally sensitive habitat areas . Prior to approval of energy production facili- ties, the decision-making authority shall make a finding with a statement of fact that : ( a ) Provision has been made for the enhancement of a sig- nificant portion of the project area to ensure preservation of plant and wildlife species . \' ( b) For all other projects, a finding shall be made that the functional capacity of the environmentally sensitive habi- tat area is maintained. (Ord . 2888, 31 Dec 86; Ord. 2862, 10/86) ( Prior law: Ord . 2655, 12/83; Ord. 2657 , 10/83; Ord. 2700 , 7/84; Ord . 2701, 7/84; Ord . 2702, 7/84; Ord . 2716, 9/84 ; Ord. 2751, 4/85; Ord . 2753, 4/85; Ord. 2862, 10/86) 7/87 f CITY OF HUNTINGTON BEACH MUNICIPAL CODE Effective 412 9t PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 2.52 Chapter 2.52 0 2 . 52 .010--2 .52 .040 Chapter 2 . 52 POLICE DEPARTMENT i Sections : 2 . 52 . 010 Established. 2. 52.020 Authority to arrest . 2 . 52 .030 Duty to enforce laws . j 2 . 52.040 Officers--Daily reports. 2. 52. 050 False reports. 2. 52. 060 Officers--Promotions . 2 . 52 .070 Officers--Discipline. 2 .52 .080 Officer--Action upon derelictions . 2 . 52 .090 Reserve police force--Established. 2. 52. 100 Reserve police force--Eligibility. 2 . 52 .110 Reserve police force--Training. j2 .52.120 Reserve police force--Rules and regulations . 2 .52 .130 Reserve police force--Roster. i 2. 52. 140 Repealed, Ordinance No. 1979, 4 Jun 1975. I 2 .52 .010 Established . A police department is established in this city. Ord. 216, 6/21) j 2 . 52 . 020 Authority to arrest . Each and every member of I� the police department is authorized to make arrests and detain prisoners in all cases where a peace officer is so authorized under the law of the state. (Ord. 216, 6/21) 2 . 52 .030 Duty to enforce laws . It shall be the duty of each and every member of the police department to enforce im- partially all the laws and statutes of the United States and of the state of California and all of the ordinances of this city, within the limits of this city except state beaches as defined in the state of California Public Resources Code section 5001 . 5(d) (4) , unless the state of California Department of Parks and Recreation enters into a contract with this city li for the protecting of state beaches within the limits of this city as set forth in the state of California Public Resources Code section 5003, and to perform such other . and further duties as by statute and ordinance now existing or hereafter enacted, j, may be imposed upon them in their capacity as peace officers . (Ord . 1949, 8 Jan 75 ; Ord. 216, 6/21) 2 . 52 .040 Officers--Daily reports. All subordinate police officers shall report to the chief of police each day, as to 29 i r 2 .52 .050--2 .52 .110 events occurring while such officers are on duty and all other information pertaining to general police regulations in the city which come to their notice. (Ord. 216, 6/21) 2. 52. 050 False reports . It is unlawful for an wilfully to make to the police department, or any officer in the department, any false, misleading or unfounded report for the purpose of interfering with the operation of said depart- ment or for the purpose of inducing or causing to be issued a complaint or indictment against any person, ,firm or corpora- tion. (Ord . 639, 11 Jan 56) 2. 52 .060 Officers--Promotions. Those eligible to advance- ment to the next higher classification shall be promoted only upon recommendation of the chief of police, and thereafter shall receive the salary provided for said classification. ! (Ord. 416, 31 Aug 38; Ord. . 216, 6/21) 2 . 52.070 Officers--Discipline . All police officers shall at all times be subject to the orders of the police chief, and shall be subject to call by the chief of police at any time during the day or night. (Ord. 216, 6/21) f1 1i 2. 52. 080 Officer--Action upon derelictions . The chief of f police shall report to the council or to the mayor, in writing i without delay any dereliction of duty or misbehavior of any police officer, and shall attend upon any and all investiga- tions that may be held by the council touching the conduct of any police officer. (Ord. 216, 6/21) i 2.52 .090 Reserve police force--Established . There is es- tablished in the police department, a reserve police force. The reserve police force shall be a volunteer organization com- posed of qualified members who shall be subject to all appli- cable regulations and orders that are issued to the regular police officers of the department . The members of the reserve ! force may be called to active duty for the city at the discre- tion of the chief of police . (Ord . 661, 19 Jun 57) 2 . 52 .100 Reserve police force--Eligibility. Members of the reserve police force shall be between the ages of ! twenty-one ( 21) years and fifty ( 50) years, residents of the city, shall be of good character and shall have no physical disabilities. (Ord. 661, 19 Jun 57) 2.52. 110 Reserve police force--Training. Before being appointed as a member of the reserve police force, the II 30 I �I ' N 2. 52 . 120--2. 52 .130 recruit shall satisfactorily pass such training requirements as may be prescribed by the council by resolution or by directive of the chief of police . The recruit shall at all times during said probationary period, when called to duty, be under the direct control and supervision of a police officer. (Ord. 661, 19 Jun 57) 2 . 52 .120 Reserve police force--Rules and regulations. The city council, shall provide by resolution such further rules and regulations governing the reserve police force as it may deem necessary and all recruits and reserve police personnel shall be subject thereto and to such other and further rules, regula- tions and orders as may be prescribed by the chief of police. (Ord. 661, 19 Jun 57) 2 . 52 . 130 Reserve police force--Roster . The chief of po- lice shall notify the city clerk upon acceptance of an applica- tion of a recruit for training in the reserve police force and at all times shall keep a roster of all recruits in active training and under instruction. (Ord . 661, 19 Jun 57) 30-1 CORRECTION CITY OF HUNTINGTON BEACH ORDINANCE CODE Effective Immediately PLEASE REMOVE THE FOLLOWING: PLEASE ADD THE FOLLOWING: Article 960 i Article 960 t: 1 CITY OF HUNTINGTON BEACH MUNICIPAL CODE. EFFECTIVE 1/16/91 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 2.76 Chapter 2.76 ! I 2. 76. 010--2. 76. 020 i Chapter 2 . 76 i COMPETITIVE SERVICE REGULATIONS Sections: 2 . 76. 010 Exclusions from competitive service. � . 2. 76.020 City employees--Political activity restricted. 2. 76. 030 Soliciting campaign contributions from other employees. j 2. 76. 040 City offices barred from contribution notices. 2 . 76.050 Compliance with bar on governmental premises. ! 2 . 76. 060 Exception to section 2. 76. 040. 2. 76.070 Use or threat to use political authority. or influence. 2 . 76. 060 Political activity prohibited while in uniform. 2. 76.090 Nonexempt employees--Prohibited election activities. I j2 . 76. 010 Exclusions from competitive service . Pursuant to Article 10 of the city Charter, it is declared that all depart- ments and appointive officers and employees of the city are included within the personnel system and the competitive serv- ice except : I ( a) Elective officers; (b) Members of appointive boards, commissions and commit- tees; (c) Persons engaged under contract to supply expert, pro- fessional, technical or other services ; (d) Emergency employees who are hired to meet the imme- 1 diate requirements of an emergency; (e) . Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal year; ( f) Temporary employees. (Ord. 1642 , 2 Jun 71 ; I Ord. 1225, 8/66) I 2 . 76. 020 City employees--Political activity restricted. This chapter applies to all officers and employees of the con- petitive service. (Ord. 1225, 4 Aug 66) I 38 I • '4 2. 76. 030--2 . 76. 070 2. 76. 030 Soliciting campaign contributions from other em- ployees. An officer or employee of the city shall not, di- rectly or indirectly, solicit or receive political funds or contributions, knowingly, from other officers or employees of the city or from persons on the employment lists of the city. (Ord . 1225, 4 Aug 66) I 2. 76. 040 City officers barred from contribution notices . Every officer or employee of the city shall prohibit the entry into any place, under his control, occupied and used for the governmental purposes of the city, of any person for the pur- pose of therein making, or giving notice of any political assessment, subscription or contribution. (Ord. 1225, 4 Aug 66) 2. 76. 050 Compliance with bar on governmental premises. A person shall not enter or remain in any such place described in section 2. 76. 040 for the purpose of therein making, demanding or giving notice of any political assessment, subscription or contribution. (Ord. 1225; 4 Aug 66) 2 .76.060 Exception to section 2 . 76.040. This chapter shall not apply to any auditorium or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of the city. (Ord. 1225, 4 Aug 66) 1 2. 76. 070 Use or threat to use political authority or in- fluence. No one who holds, or who is seeking election or ap- pointment to any office or employment in the city shall, di- rectly or indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether then possessed or merely anticipated, to confer upon, secure for any person or to aid or obstruct any person in securing or to prevent any person from securing any position, nomination, confirmation, promo- tion, change in compensation or position, within the city, upon consideration or condition that the vote or political influence or action of such person or another shall be given partly or upon any other corrupt condition or consideration. (Ord. 1225, 4 Aug 66) 2 . 76. 080 Political activity prohibited while in uniform. No officer or employee of the city shall participate in polit- ical activities of any kind while he is in uniform. (Ord . 1225, 4 Aug 66) i 1 39 i �I �'I i i 2. 76. 090 2. 76.090 Nonexempt employees--Prohibited election activ- ities. No officer or employee whose position is not exempt Tro+m the operation of the personnel system of the city shall take an active part in any campaign for or against any candi- date, except himself, for an officer of such city, or for or against any ballot measure relating to the recall of any elected official of the city. (Ord. 1225, 4 Aug 66) i I I I I i I I I i I I i f I I � i j 39-1 II I i i CITY OF HUNTINGTON BEACH ZONING MAPS Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE DM 38 DM 38 r� t PLANNING ZONING DM 38 SECTIONAL DISTRICT MAP 34-5-II INI'll NOTE ADOPTED AUGUST 5, .960 ALL DIMENSIONS ARE IN FEET -�' ANY ZONE ADJOINING ANY RIGHT OF WAY CITY OF �� O INTENDED TO EXTEND TO THE CENTER CITY COUNCIL ORDINANCE NOZ��( 785 of SUCH R1GnT of WAY AMENDED CASE ORD.NO AMENDED INJCORD NO LEGEND' JFAI RESIDENTIAL AGRICULTURAL DISTRICT 6-3-63 315 970 1-I'-i2 81-3 2570 F-01 COMBINED WITH OIL PRODJCTION IIIJNTING�,ON BEACH 4-$-6$ 505 1132 8-8281II 2531 01 COMBINED WITN OILPRO]JCT N 12-5-66 66-49 271 -Ib-b2 81-14 2536 Q LOW DENSITY RESIDENTIAL DISTRICT 2-3-69 68-46 140' 5-3-82 62-2 2553 � L1GHT INDUSTRIAL OIETRI<T 6-26-70 70-8 1575 4-19-82 82-3 2551 © HIGHWAY COMMERCIAL DISTRICT 10-19-70 70-10 1606 12-5_8383-482666 F02 COMBINED WITH OIL PRODUCTION 7-17-71 71-9 1659 7-2-84 84-7 2]06 C-1 '01 I,NNITI FACILITIES(RECREATIONAL)DISTRICT ORANGE C 0 t N T Y, CALIFORNIA 0-18-71 71 26 1681 10-14-8585-13(A)2800 � rLgNNED DEVELOPMENT I-17_72 7I-17 1709 1-17-83FLOODZONE2606 qp MEDIUM DENSITY RESIDENTIAL DISTRICT 2_22_72 71-44 1722 6-C-88 87-12 2944 0 NHTED USE 10-15-73 73-20 1876 6-26-6069-1 2998 EQJ QUALIFIED CLASSIFICATION 4-7-74 74-22 1977 q� RECREATION OPEN SPACE 9-15-75 74-5 2010 C2 CANMJNITY BUSINESS DISTRICT 7-6-76 74_22 2077 'C Z-1 COASTAL ZONE SUFFIX Z. I.-2-]] 77-9 2229 -...-] COASTAL BOUNDARY 2t 26 f I i/ // FPP2 FLOOOPLAIN DISTRICT /. 34 35 •, WITHIN FLOOD ZONE-FP2 L � DR _ CENTRAL PARK y� RI-CZ RI-cO-cz IDooRI-CD-CZ mzD•A. r NE-URY OR 5 3RI / RI-CZ , a RI-CZ 8 RI-CZ RI-CD-CZ y RI 'd ED fR' GLENFOX DR IR0 RI RI RI g N �- / IRONG4TE cV V RI-CZ m N N 3 3 y $ CP RI-CZ to V INLET LL DR .1,f,4\ 1 ^, R V K - -Dk u� 'lY/ A RI-CZ Q LI¢� a (RA-0) R� V T W l4E R cr, -(�yLI. 7 2 -___-__---- I ___ -_______ ---------------- C F-R � C� °y R I-CZ (PREZONED) RA-0-CD t3s, �w '� RI—CD e(PREZONED) RI es >o=W ROS—O—CD CF-R 02 0 AN— R I _l nircriNeeds7=�Y ._ n ON.—S.S1°W IDaO 95960 ___scsHpE�N_.)I - RA-0 Co-� OR. �I -__ - _ I _-b9J 3- I ELLIS—GOLDENWEST SPECIFIC PLAN N 8S.4"3I"W OF 72630 RA-01 /M Ary ' W 3 RA 01—CZ Z W I � J V � , 00 o I 0 S 89°al'0]"E 2181.30'Z �- 16" GARFIELD _ - -- - - - - AVE.-- - /33 34 , 34133 (\ 13 3 2 wa ¢m 00 SECTIONAL DISTRICT MAP 35-5-II x.E NFEET- N CITY . OF `� HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 27 26 26 26 SS 3{33 36 AVE. TALBERT I I � J HARRIMAN AVE ---�- S - __________ HAPPY DR m VINCENT $ ' r— CF-RLl ...::rl ...NaiR,.LPARK) X- ------ •.•••'....• IFODAN U CF-R IN TAYLOR DR 3 N y J ONTARIO DR z CF-R CF-Cb1N1W CR �i OUEE�J :.,.: I I I P.- JCT DR`'F-CALBERTA pR I i(I'iiLlCi� -in- z 2 y DR a i YUKON DR JB p t Oa. x APB n ELLIS AVE. .. PLAZA pJILLILLujill -_— , z w -- - I LL I AMBERLEAF CR. , .,_. ERNEST AVE Q m 3 ^ili��cd Z O F- C9 Z z — a W x ? Z SHAFFER CRa Q ~ GARFIELD AVE. 3A 35 35�� 2 1')• 3 2