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Ordinance Code Changes 12/3/1969 - 7/21/1971
ool*)I NANCI COVE �CIIAN�("r1,•�� ; I1t1111 1Nt1.UN lil,,, � `-`" t'Kl�hl "C)1)1; 1'LLA,iIs' ADD To CODE _ _ S . b171 S . 6171 s .-6171. I s . 6171.1 s . 9160 s . 916o . , . s,fk 9830 s . 9830 " TRAFFIC OPERATION S . 6171 ARTICLE 617 SPEED LIMITS 1134 S . 6171 It is hereby determined, upon the basis of .an engin- eering and traffic survey, that the speed permitted by the California Vehicle Code upon- the following streets is not in conformance with the safe and efficient operation of vehicles thereon; and it is hereby declared that the prima facie speed , limits shall be as hereinafter set forth on those streets, or parts of streets herein designated, when signs are erected giving notice thereof. s . 6171.1 Speed Limits . The 'prima facie speed limits as follows: ( 1214, 129 , 1322, 1357, 1382, 1399, 1436 1462, 1476; 1479, 14965 1505 1523, 15315 1537, 1545-12/69, 1574-4/705 1583-6/705 1592-8/705 1661-A/71) SPEED LIMIT STREET LIMITS MPH Adams Main to Lake . . . . . . . . . . . . . . . . . . . . . . . . 25 Lake to Beach. . . . . . . . . . . . . . . . . . . . . . . 40 Beach to Santa Ana River. . . . . . . . . . . . 4� Atlanta . Lake to Brookhurst. . . . . . . . . . . . . . . . . . 40 Banning . Magnolia to Bushard . . . . . . . . . . . . . . . . . 40 Bolsa Bolsa Chica to Springdale . . . . . . . . . . . 50 Springdale to Goldenwest. . . . . . . . . . . . 45 Bolsa Chica Rancho to Edinger. . . . . . . . . . . .. . . . . . . 50 Edinger to Warner. . . . . 45 South of Warner. . . . . . . . . . . . . . . . . . . . . 30 Brookhurst Garfield to Hamilton. . . . . . . . . . . . . . . . 45 Hamilton to Pacific Coast Highway. . . 50 Bushard Garfield to Brookhurst . . . . . . . . . . . . . . 4.5 Davenport Baruna to Algonquin . . . . . . . . . . . . . . . . . 35 Delaware Adams to Indianapolis . . . . . . . . . . . . .. . 35 Indianapolis to Frankfort . . . . . . . . . . . 30 Edinger West city limits to Beach. . . .. . . . . . . . 4.0 Beach to east city limits . . . . . . . . . . . , 4.5 Edwards North city limits to Bolsa. . : . . . . . . . 35 Bolsa to Slater. . . . . ... . . . . . . . . . . . . . . 40 Slater to Garfield . . . . . . . . . . . . . . . . . . 45 a. 61'71. 1 OPERATION TRAFFIC SPEED LIMIT ,STREET LIMITS MPH lli Beach to east city limits . . . . . . . . . . . . . . 40 Edwards to Goldenwest. . . . . . . . . . . . . . . . . . 45 Goldenwest to Gothard . . . . . . . . . . . . . . . . . . 40 Delaware to Beach. . . . . . . . . . . . . . . . . . . . . . 35 Florida Main to Garfield ... . . . . . . . . . . . . . . . . . . . . . 40 Garfield Goldenwest to Newland . . . . . . . . . . . . . . . . . . 40 Newland to Ward . . . . . . . . . . . . . . . . . . . . . . . . 45 Edwards to Goldenwest. . . . . . . . . . . . . . . . . . 45 Goldenwest North city limits to McFadden. . . . . . . . . . 40 McFadden to Warner. . . . . . . . . . . . . . . . . . . . . 45 Warnerto Mansion. . . . . . . . . . . . . . . . . . . . . . 50 Mansion to Pacific Coast Highway. . . . . . . 40 Gothard McFadden to Edinger. . . . . . . . . . . . . . . . . . . . 40 Edinger to Warner . . . . . . . . . . . . . . . . . . . . . . 45 Warner to Main. . . . . . . . . . . . . . . . . . . . . . . . . 35 Graham Bolsa to Edinger . . . . . . . . . . . . . . . . . . . . . . . 45 Edinger to Heil. . . . . . . . . . . . . . . . . . . . . . . . 40 Heil to Warner. . . . . . . . . . . . . . . . . . . . . . . . . 35 _a:r �lton Newland to east city limits . . . . . . . . . . . . 40 -e__ Beach to Newland . . . . . . . . . . . . . . . . . . . . . . . 35 Saybrook. to Beach. . . . . . . . . . . . . . . . . . . . . . 40 Holland Beach to Marken. . . . . . . . . . . . . . . . . . . . . . . . 25 Huntington Adams to Atlanta . . . . . . . . . . . . . . . . . . . . . . . 30 Atlanta to Pacific Coast Highway. . . . . . . 35 Indianapolis Beach to Brookhurst . . . . . . . . . . . . . . . . . . . . 30 Lake Seventeenth to Pacific Coast Highway. . . 35 Magnolia Heil to Warner. . . . . . . . . . . . . . . . . . . . . . . . . 45 Garfield to Banning . . . . . . . . . . . . . . . . . . . . 45 ',vain Beach to Mansion. . . . . . . . . . . . . . . . . . . . . . . 40 Mansion to Adams . . . . . . . . . . . . . . . . . . . . . . . 35 Adams to Eleventh. . . . . . . . . . . . . . . . . . . . . . 25 Mansion Goldenwest to Main . . . . . . . . . . . . . . . . . . . . . 35 McFadden Bolsa Chica to Graham. . . . . . . . . . . . . . . . . . 40 Graham to Goldenwest . . . . . . . . . . . . . . . . . . . 45 Goldenwest to east city limits . . . . . . . . . 40 Ti'Ali'F'IC OPERATION S 6171.1 SPEED LIMIT STREET. LIMITS MPH Monterey Edinger to Saybrook. . . . . . . . . . . . . . . 35 Newland_ Heil to Talbert . . . . . . .. 40 Indianapolis to Pacific Coast Highway. . 40 Orange Goldenwest to Seventeenth. . . . . . . . . . . . . . 40 Seventeenth to Main. . . . . . . . . . . . . . . . . . 30 Rancho Bolsa Chita to east city limits . . . . . . . . 35 Saybrook Monterey to -Davenport . . . . . . . . . . . . . ... . . . 25 Seventeenth Florida to Pacific Coast Highway. . . . . . . 35 Sher Edinger to Juliette Low. . . . . . . . . . . . . . . . . 35 Slater Springdale to Newland . . . . . . . . . . . . . . . . . . 40 Springdale North city limits to Edinger. . . . . . . . . . . 45 Edinger. to Slater. . . . . . . . . . . . . . . . . . . . . . 40 Talbert Goldenwest to. Newland . . . . . . . . . . . . . . . . . . 40 Ward Yorktown to Garfield . . . . . . . . . . . . . . . . . . . 45 Warner Pacific Coast Highway to Magnolia. . . . . . 45 . Yorktown Beach to Ward . . . . . . . . . . . . . . . . . . . . . . . . 40 S . 0171. 2 OPERATION TRAFFIC S . 6171.2 The prima facie speed, set by the State of California on streets hereinafter set forth is as follows: SPEED LIMIT S i E E T LIMITS MPH Beach North city limits to 320 feet south on Holland . . . . • . . . . . . . . . . . . . 45 320 feet south on Holland to 300 feet south on Indianapolis . . . . . . . 50 _ 300 feet south on Indianapolis to Pacific Coast ilighway. . . . . . . . . . . . . 55 Pacific Coast Hwy. North city limits to 800 feet south On Warner. . . . . . . . . . . . . . . . . . . . 40 800 feet south on Warner to 6200 feet north on Goldenwest . . . . . . . . . . . . . 55 6200 feet north on Groldenwest 150 feet south on Twentieth. . . . . . . . . . 50 150 feet south on Twentieth 160 feet south on Twelfth. . . . . . .. . . . . 45 160 feet south on Twelfth to 800 feet north on Huntington. . . . . . . . . 35 800 'feet north on Huntington to 900 feet south on Beach. . . . . . . . . . . . . . 45 900 feet south on Beach to South city limits . . . . . . . . . . . . . . . . . . .. . . . . . . . 55 PLANNING LOW DENSITY RESIDENTIAL DISTRICTS S . 916o ARTICLE 916 R2 DISTRICT TWO FAMILY RESIDENCE DISTRICT (495, 9 0, 1076, 1077, 1 9 7) S . 916o R2 ZONE, INTENT & PURPOSE S . 9161 R2 ZONE, USES PERMITTED S . 9161. 1 Residences S . 916l. 3 Use Permits S . 9162 R2 ZONE, PROPERTY DEVELOPMENT STANDARDS S . 9162.1 Minimum Lot Area S . 9162 .2 Minimum Lot Width S . 9162.3 Maximum Density S . 9162 .4 Lot Coverage S . 9162 .5 Distance Between Main Dwellings S . 9162 .6 Maximum Building Height S . 9163 R2 ZONE, YARD REQUIREMENTS S . 9163 .1 Front Yard S . c163 .2 Side Yard S . 9163 . 3 Rear Yard S . 9163 .4 Yard Exceptions S . 9164 R2' ZONE, FENCES, WALLS OR HEDGES S . 9165 R2 ZONE, ACCESSORY BUILDING S . 9166 R2 ZONE, PARKING REQUIREMENTS s . 9166. 1 Automobile Parking Ratios S . 9166 .2 Type of Off-Street Parking Facility S . 9166 .3 Parking Space Dimension S . 9166 .4 Minimum Turning Radius for Required Parking Spaces S . 9166 .5 Setback from a Street S . 9166.6 Lots Abutting Arterial Highways S . 9166 .7 Garages Facing a Street S . 9166.8 Parking in Front of Dwellings S . 9166 . 9 Minimum Driveway Requirements S . 916o R2 DISTRICT. INTENT AND PURPOSE. This district is intended to provide for .areas of medium density, multiple family residential development . It is further intended to provide a transi- tion between low density and high density residential developments and/ or nonresidential developments . S . 9]_61 R2 ZONE, USES PEr1viITTED: The following uses are permitted in this zone: S . 9161. 1 Residences . Single family and multi-family dwellings and their customary accessory uses and structures shall be permitted in this district . No tent, mobile home, trailer, vehicle or temporary structure shall be used for dwelling or sleeping purposes in this district . (1360) S . 9161.3 LOW DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9161 .3 Uses Subject to Use Permit . The following uses may be permitted subject to the issuance of a Use Permit: S . 9161 .3 . 1 Planned Residential Developments pursuant to the pro- visions of Article 984. ( 1563-3/70) S . 9161.3 . 2 Private Full-Time Day Schools are Permitted in this District Subject to the Following Conditions : (a) Said schools shall meet all curriculum requirements as established by the State of California. (b) Fifty per cent of the site shall be iaintained for outdoor play area . (c ) Off-street parking shall be provided _-L the following ratios : 1 . Elementary schools - 12- parking spaces for each classroom. 2 . Junior high schools - 4 parking spaces for each classroom. 3 . High schools - 7 parking spaces for each classroom. (d) One off-street parking space shall be provided for each 75 square feet of gross floor area within any auditorium or assembly room. S . 9161`.3 .2. 1. The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979 . S . 9161 . 3 .3 Public utility substations that do not exceed 1 acre in total net area . S . 9161 .3 .4 Private recreation areas , provided said recreation areas do not include commercial enterprises . S . 9161 .3 .5 Golf Courses and their normal appurtenances . All structures shall be set back a minimum distance of 300 feet from any proposed or existing residential building site . ( a) The intent of this setback provision is to assure the welfare and privacy of existing and future residential development . (b) Commercial driving ranges that are used in conjunction with a golf course are permitted . (c) Miniature courses , "Pitch and Putt" or "Par 3" golf courses , or other similar commercial enterprises are not permitted . (d) Ten off-street parking spaces shall be provided for each Tee . (e) Parking for all commercial structures and uses shall conform to the most restrictive standards set forth in the commercial zones . 1LA1VN.l.lyc: A].�M1N1S'1'1�ATIUN S . JB�;�� ARTICLE 983 CONDITIONAL EXCEPTIONS S . 9830 GROUNDS FOR .RECOMMENDATION. When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose and intent of applicable provisions of Division 9 occur through strict application of their provisions, the Commission, upon its own motion, written request of the Council, or receipt of a petition prepared in accordance with Section 9830 and Article 986, may grant or deny conditional exceptions to the provisions of applicable provisions of Division 9, provided that so doing will not defeat its general pur- poses . (757) S . 9831 PETITION FOR EXCEPTIONS . FORM. Petitions for conditional exceptions shall be made on forms prepared. by the Commission and shall, regardless of other matters, state fully the grounds for. , such conditional exceptions and all facts relied upon to show that hard- : hip exists, and that applicable provisions of Division 9 should not be strictly interpreted .and enforced relative to the property or particular use involved . (1656-7/71) S . 9832 PLANS AND OTHER MATTERS . SHOWING REQUIRED. Such petition must be accompanied by plans , profiles , specifications or other pertinent matter which the Commission may request, and also - that hardship exists , by showing the following: (1656-7/71) S . 9832 . 1 Exceptional Circumstances . That there are exceptional or extraordinary circumstances or conditions applicable .to the land, buildings , or premises involved, or to the intended use of same, that do not apply generally to the property or class of uses in the same district. (495) S . 9832 .2 Necessity to Property Rights . That such conditional excep- tions are necessary for the preservation and .enjoyment of substantial property rights . (495) S . 9832. 3 Absence of Detriment. That the granting of such conditional exceptions will not be materially detrimental to the public health, safety, and welfare or injurious to the conforming land, property, or improvements in the neighborhood of the property for which such con- ditional exception is sought . (495) S . 9832 .4 Good Faith. That the applicant is willing and able to carry out the purposes for which the conditional exception is sought; that he will proceed to do so without unnecessary delay. (495) S'• .9833 HEARING AND FINDINGS OF HARDSHIP REQUIRED. Before a condi- tional exception may -be granted by the Council or Commission, the Council or Commission shall hold a public hearing relative to the proposed conditional exception, as provided in Article 987, and findings in support of and relevant to the hardship standard must be made . (757, 1656-7/71) 9834 ADMINISTRATION PLANNING REASON FOR PROCEDURAL PROVISIONS . The procedure for the granting, of a conditional exception to the provisions of 3,ppli_ca:)le provisions of Division 9 are inc-lulled in. this Chapter be- r:ause of the impossibility of foreseeing and providing for all the circumstances and conditions which may be affected by it, thus making it possible to adjust said provisions to special and unusual cases .tit:�out defeating the general purposes and spirit of said Chapters . (Ls S . 9835 CHANGE OF DISTRICT BOUNDARY. A District boundary shall not be changed by conditional exceptions . (495) S . 9836 TERMS, CONDITIONS, TIME LIMIT, GUARANTEES . The Council of Commission may prescribe the terms and conditions upon which a conditional exception may be granted and set a time limit for the duration of such conditional exception, and may require guarantees , in such form as it may deem proper under the circumstances , to insure that the purposes for which said exception is granted will be fulfilled , and that the conditions of the exception will be met . No Commission action governing disposition of Conditional Exception shall become effective prior to the lapse of the 10 day appeal period . ;7/7) S . 9837 REVOCATION FOR DELAY. The Council may revoke any con- ditional exception for purpose of which has not been accomplished within a period of six (6) months from the date it was granted . (495) S . 9837 . 1 TIME LIMIT . Each Conditional Exception authorized under the provisions of this Article which is not actually es- tablished , or the actual construction commenced within one (1) year from the date of final approval, shall become null and void . For the purpose of this Section, actual construction means that construction has started and is proceeding without undue delay. Preparation of plans , securing financial arrangements , issuance of building permits , letting of contracts , grading of the property, or stock piling of materials ' on the site shall not constitute actual construction . 'v1hen any use of land , building, or premises established under the provisions of this Article has been discontinued for a period of one ( 1) ),ear, it shall be unlaw,'.-� t r_. again use such land, building or premi_.,es for such discontinued use unless a subsequent Conditional Exception is approved . (979) FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 7/21/71) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapters-Articles Chapters-Articles s . 6011 s . 6011 -- s . 6o8o s . 9830 s . 9830 s . 986o s . 986o s . 988o s . 988o s . 9961 S . 9961 S . 9971 S . 9971 : y CONTENTS CHAPTERS - ARTICLES DIVISION 6 - TRAFFIC CHAPTER 60 - GENERAL Article 601. Definitions 602. Enforcement 603 . Control Devices 604. Turning Movements 605. Miscellaneous Driving .Rules 606 . Pedestrian Regulations 607 . Trains 608. Airports CHAPTER 61 - OPERATION Article 610. General 611. Prohibited Places 612. Truck Routes 613 . One-Way Alleys 614. Right Turns 615 . Left Turns 616 . . U-Turns 617 . Speed Limits 618. Movement of Overloads . -. .Permit Required CHAPTER 62 - STOPS AND YIELDS Article 621 . General CHAPTER 63 - PARKING Article 631. General 632.. Time Limit Parking 633 . Loading Zones 634. Parking Regulations in City Parking Lots CHAPTER 65 - PARKING METERS Article 650. General 651. Meter Zones 652. Meters 653 . Use of Meters 654. Enforcement 655. Accounting CHAPTER 66 - LOADING ZONES Article 661. Restricted Standing Locations 662. Establishing of Loading Zones TRAFFIC GENERAL S . 6011 CHAPTER 60 GENERAL (1157) ARTICLE 601 . DEFINITIONS 602. ENFORCEMENT 603 . CONTROL DEVICES 604. TURNING MOVEMENTS 605. MISCELLANEOUS DRIVING RULES 606 . PEDESTRIAN REGULATIONS 607 . TRAINS 608. AIRPORTS ARTICLE 601 DEFINITIONS S . 6011 DEFINITIONS OF WORDS AND PHRASES . The following words and phrases when used in this ordinance shall for the purpose of this ordinance have the meanings respectively ascribed to them in this article . S . 6011 . 1 Motor Vehicle Code Definitions to be Used. . Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply. S . 6011 . 2 Coach. Any motor bus , motor coach, trackless. trolley, or passenger stage used as a common carrier of 'passengers . S . 6011 . 3 Council. The Council of the City of Huntington Beach. . S . 6011 .4 Curb.. The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking stripes in the center of a street, . nor from tracks or rights of way of public utility companies . S . 6011 . 5 Divisional Island. A raised island located in the roadway and separating opposing or conflicting streams of traffic . S . 6011.6 Loading Zone . . The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unload- ing of passengers or materials . S . 6011. 7 Official Time Standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city. S . 6011 . 8 GENERAL TRAFFIC S ._6011.8 Parkway. That portion of a street other than a roadway or a sidewalk. S . 6011 . 9 _Parking Meter. A mechanical device installed within or upon the curb or sidewalk area , immediately adjacent to a parking space , for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle .' S . 6011. 10 _Passenger Loading Zone . The space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers . S . 6011. 11 'Pedestrian. Any person afoot . S ._6011 . 12 Police Officer. Every officer. of the Police Department of this city or any officer authorized to direct or regu- late traffic or to make arrests for violations of traffic regulations_._ S ._6011. 13 SLo . When required, means complete cessation of movement . S . 6011. 14 Vehicle Code . The Vehicle Code of the State of California . IC GENERAL S . 6o8() ARTICLE 6o8 AIRPORTS 16 5 -7 71 E: S . 6o8o DECLARATION OF NECESSITY. It is found and. declared that: (a) The making and creating of loud, unnecessary. or unusual noises at night at Meadowlark Airport by airplanes in the City of Huntington Beach is a condition which has existed for some time and the extent and volume of such noise is increasing . (b) The making, creating or maintaining of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use are a detriment to public , health, comfort, convenience, safety, welfare and prosperity of the residents of the City of Huntington Beach (c) The necessity in the public interest for the provisions and pro.- . hibitions hereinafter contained and enacted is declared as . a matter of legislative determination. and public policy, and.."it. is further declared that the provisions and prohibitions hereafter: contained and enacted are in pursuance of and. for the purpose ' of securing and promoting the public health, . comfort, convenience,; safety, welfare and the peace and quiet for the City of Huntington Beach and its inhabitants . S . 6o81 HOURS WHEN TAKEOFF PROHIBITED. . No person shall take off any aircraft, or be a. passenger therein during any takeoff of such aircraft, from Meadowlark Airport in the City of Huntington Beach, California at any time between ten o ' clock ( 10: 00) p.m. local time, and sunrise of the following day. The watch commander of the Huntington Beach Police Department may approve a takeoff during said. hours in case of emergency provided approval of said watch commander is -obtained before such takeoff. S . 6o82 HOURS WHEN LANDING PROHIBITED. No person shall land any aircraft, or be a passenger therein during any landing of such aircraft, on or at Meadowlark Airport in the City of Huntington Beach, California at any time between ten o ' clock ( 10: 00) p.m. local time, and sunrise of the following day except in case of emergency. Any person landing any aircraft during such hours shall .notify the , watch commander of the Huntington Beach Police Department within fifteen ( 15) minutes after such landing, and such person shall at such time give said watch commander the following information: (1) name of person operating the aircraft during such landing; (2) license number of such person; (3) license number of such aircraft; . (4) time of such landing; and (5) reason for such landing. In the event. the operator of such aircraft at the time of such landing fails to give notice as required by this section to said watch commander, or such landing was not required by a bona fide emergency, such persons and all passengers in said. air- craft at the time of such landing shall be liable to prosecution under this section. S . 6o83 GENERAL TRAFFIC S . 6o83 NO CONFLICT WITH STATE OR FEDERAL LAWS . No provision or clause of this article shall be effective if it is , at the time of violation thereof, in conflict with any state or federal law regulating the same subject matter, provided such state or federal law permits the act or acts prohibited by this article . S . 6o84 PENALTY. Any violation of this article is punishable by a fine not exceeding Five Hundred Dollars ($500) , or by imprisonment in the county jail for a period. not exceeding six (6) months or by both such fine and imprisonment. S . 6o85 SEVERABILITY. If any provision or clause of this article or application thereof, or any amendment or revision thereto, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, or amend- ment or revision thereof, and to that end, the provisions of this article are declared to be severable . 1 PLANNING ADMINISTRATION ARTICLE 983 CONDITIONAL EXCEPTIONS S . 9830 GROUNDS FOR RECOMMENDATION. When practical difficulties, unnecessary hard.ships, . or results inconsistent with the general purpose and intent of applicable . provisions .of Division 9 occur through strict application of their provisions, the Commission, upon its own motion, written request of the Council; or receipt of a petition prepared in accordance with Section 9830 and Article 986, may grant or deny conditional exceptions to the provisions of applicable provisions of Division 9, provided that so doing will not defeat its general pur- poses . (757) S . 9831 PETITION FOR EXCEPTIONS . FORM. Petitions for conditional exceptions shall be made on forms prepared. by.. the. Commission and shall, regardless of other matters, state fully the grounds. for such conditional exceptions and all facts relied upon. to show that hard- ship exists , and that applicable provisions of Division 9 should not be strictly interpreted and enforced relative to the property or particular use involved . (1656-7/71) S . 9832 PLANS AND OTHER MATTERS . SHOWING REQUIRED. , Such petition must be accompanied - by plans , profiles,. specifications or other pertinent matter which the Commissionmay' request, and also that hardship exists, by showing the following: (1656-7/71) S . 9832 . 1 Exceptional Circumstances . That there .are exceptional or extraordinary circumstances or conditions _.applicable to the land, buildings, or premises involved, or to the intended . use of same, that do not apply generally to the property or class. of. uses. in the same district: (495) S . 9832.2 Necessity to Property Rights . That .such conditional excep- tions are necessary for the preservation .and enjoyment of substantial property rights . (495) S . 9832 . 3 Absence of Detriment. That the granting . of such conditional exceptions will not be materially detrimental to the public health, safety, and welfare or injurious to. the conforming land, property, or improvements in the neighborhood of the property for which such. con- ditional exception is sought. (4.95) S . 9832.4 Good Faith. That the applicant is willing and able to carry out the purposes for which the conditional exception is sought; that he will proceed to do so without unnecessary delay. (495) S . 983E HEARING AND FINGINGS OF HARDSHIP REQUIRED. Before a. condi- tional exception may be granted by the Council or Commission, the Council or Commission shall hold a public hearing relative to the proposed conditional exception, as provided in Article 987, and findings in support of and. relevant to the hardship standard must be .made . (757, 1656-7/71) S . 9834 ADMINISTRATION PLANNING S . 9834 _REASON FOR PROCEDURAL PROVISIONS. The procedure for the granting of a conditional exception to the provisions of applicable provisions of Division 9 are included in this Chapter be- cause of the impossibility of foreseeing and providing for all the circumstances and conditions which may be affected by it, thus making it possible to adjust said provisions to special and .unusual cases without defeating the general purposes and spirit of said Chapters. (495) S . 9835 CHANGE OF DISTRICT BOUNDARY, A District boundary .shall not be changed by conditional exceptions , (495) S . 9836 TERMS , CONDITIONS , TIME LIMIT, GUARANTEES . The Council of Commission may prescribe the terms and conditions upon which a conditional exception may be granted and set a time limit for the duration of such conditional exception, and may re- quire guarantees , in such form as it may deem proper under the circumstances , to insure that the purposes for which said exception is granted will be fulfilled, and that the conditions of the ex- ception will be met . No Commission action governing disposition of Conditional Exception shall become effective prior to the lapse of the 10 day appeal period. (757) S . 9837 REVOCATION FOR DELAY, The Council may revoke any conditional exception for purpose of which has not been accomplished within a period of six (6) months from the date it was granted . (495) S . 9837 . 1 Time Limit . Each Conditional Exception authorized under the provisions of this Article which is not actually established, or the actual construction commenced within one (1) year from the date of final approval� s.hall become. null .. .. . and void. For the purpose of this Section, actual construction means that construction has started and is proceeding without �indue delay. Preparation of plans , securing financial arrangements, issuance of building permits , letting of contracts , grading of the property, or stock piling of materials on the site shall not constitute actual construction. When any use of land, building, or premises established under'. the provisions of this Article has been discontinued for a period of one (1) year, it shall be unlawful to again use such land, building or premises for such discontinued use unless a subsequent Conditional Exception is approved. (979) 1 PLANNING ADMINISTRATION S . 986o ARTICLE 986 PETITIONS S. 9860 FORM OF PETITIONS . The Commission shall prescribe the form and scope of pe itions and accompanying data, so as to assure the fullest practicable presentation of facts; and all petitions shall be made on such forms . , (495) S . 9861 VERIFICATION OF PETITION. DATA. Every petition for a con- ditional 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) S . 9862 REJECTION OF FAULTY PETITION. The Planning Department shall 'Hot-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) S . 9863 FEES TO COVER COSTS . The Council may prescribe fees to . cover costs of estimated expense involved in the granting of con- ditional exceptions or change of district boundaries . (495) S . 9864 FILING FEE. At the time such petition is filed, a fee of $75- QO or a Conditional Exception and $150.00 in the case of the Zone Change, shall be collected for the use and benefit of .the City and shall�be deposited in its general fund . (?50,1035) S . 9865 ADDITIONAL FEES . Additional fees to cover costs of posting and advertising of hearings shall be required . (495) S . 9866 FILING REFERENCE OF PETITIONS . Petitions shall be filed with the City Clerk and sha 1 be referred to the Commission at its first meeting held subsequent to the time of such filing. (495) S . 9867 ELIMINATION OF MULTIPLE APPLICATION FEES . When any combina- tion' of applications for con .i ional exceptions, site plans, use permits, divisions of land or administrative review are required to be filed for one development, th4� applicant, in lieu of paying two or more application fees , shall pay only the fee designated for the appli- cations shall be accepted without a fee . (1524) S . 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) PLANNING ADMINISTRATION S . 988o ARTICLE 988 APPEAL S . 9880 APPEAL BY APPLICANT OR INTERESTED PARTIES . Appeal may be made to the City Council from any decision, determination or requirements of the Planning Commission by filing notice thereof in writing with the City Clerk within ten (10) days after such decision or determination or requirement is made . Such notice shall set forth in detail the action and grounds by and upon which the applicant or interested party d.eem himself aggrieved . (972) S . 9881 CHALLENGE BY COUNCIL. The City Council or any member there- of may request in writing, without explanation, within the 10 day period for appeal, a hearing before the City Council to consider any decision or determination or requirement of the Planning Commission. (972) S . 9882 REPORT. The City Clerk shall report the filing of such notice to the Planning Commission and a written report shall be submitted to the City Council by the Planning Commission or shall be represented at the hearing. The party whose decision,' determination or requirement by the Planning Commission is upon appeal,% may submit a written report to the City Council for consideration. (972) S. 9883 NOTICE . The City Clerk shall give notice of any such appeal to all property owners within 300 feet of any property on which an appeal to the City Council has been filed . To cover the expenses of such notice a $75.00 fee . shall be- paid by the applicant. This notice fee must be paid at the time notice of appeal is filed . Nothing in this section shall be construed to mean that a filing fee is necessary if the appeal is made by a member of the City Council. (1227) S . 9884 ACTION ON APPEAL. Said appeal shall be set for hearing within hirty 30) days, or longer, if requested by appellant, from the time the matter is received by the City Clerk, together with . the necessary fees . Upon the hearing of said appeal, the City Council may affirm, overrule or modify the decision appealed from. and enter such order or orders as are in harmony with the spirit and purpose of applicable provisions of Division 9, with reasons stated . In cases of appeal of matters relating to conditional exceptions, the Council shall, prior to affirming the grant of or reversing the denial of a con- ditional exception, make findings of fact in support of and relevant to the hardship standard . Disposition of appeals by the City Council shall be final. (1230, 1656-7/71) PLANNING SUBDIVISIONS S . 9�61 ARTICLE 996 EXCE PT 10 NS 7 S . 9961 APPLICATION. The Planning Commission may recommend that the City. Council authorize conditional exceptions to any of the requirements and regulations set forth in this chapter. Application for such conditional exception shall be made by a verified petition of the subdivider, stating fully, and in detail, the grounds of the applica- tion and. the facts relied upon by the petitioner, including but not limited to, facts in support of the hardship standard . Such petition shall be filed with the tentative map of the subdivision and required filing fee . A fee of Twenty-Five Dollars ($25.00) shall be collected for the use and. benefit of the city and. shall be deposited in its general fund . In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the Planning Commission shall make written findings of fact in support ;of and relevant to the following standards: �a� Hardship. b That there are special circumstances or conditions affecting said property. (c ) That the exception is necessary for the preservation and. enjoy- ment of a substantial property right of the petitioner. (d ) That the granting of the exception will not be detrimental to -the public welfare or injurious to other property in the vicinity in which said property is situated . (750, 1656-7/71) S . 9961. 1 Planning Commission Action. (a) In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air, and the public health, safety, convenience, and general welfare . (b) In recommending the authorization of any exception under the provisions of this article , the Planning Commission and all facts in connection therewith, includ.ing findings of fact in support of and relevant to the hardship standard, justifying exception recommended and the conditions designated.. (1:656-7/71) S . 9961.2 City Council Action. Upon receipt of such report, the City Council may, by resolution, authorize the Planning Commis- sion to approve the tentative map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this Ordinance . PLANNING. S UBDIVIS IONS S . 9971 ARTICLE 997 APPEAL (676) S . 9971 NOTICE . Appeal may be made to the City Council from any decision, determination or requirement of the Planning Com- mission or City Engineer, under this Chapter, by the subdivider or by those parties whose signatures are required on the final tract map, or any aggrieved party, under the provisions of Sections 11589 or 11590, Business and Professions Code of California, within ten (10) days after such decision or determination or requirement is made ._ Such notice shall set forth in detail. the action and grounds by and upon which .the sub- divider, or such other party, deems himself aggrieved . . (972, 1296) S . 9971. 1 Report. The City Clerk shall report the filing .of such notice to the Planning Commission and City Engineer. A written report shall be submitted to the City Council by the party whose decision, determination or requirement is upon appeal.`. S . 9971.2 Action on Appeal. The appeal shall be set . for hearing by the City Cler at the next regular-Council meeting following the filing of said appeal,. or within ten (10) days .thereafter, .and such hearing may, for good cause, be 'continued .by order of the City Council. Upon the hearing of said appeal, the City Council .may overrule. or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with. the spirit and purpose of this chapter, and with respect to matters relating to conditional .exceptions, shall make findings of fact in. -support-of and. relevant to the hardship standard, and such disposition of the appeal. shall be final. (1230, 1656-7/71) FULL CODE-DIVISION 9 MAPS HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 6/23/71) PLEASE REMOVE FROM CODE PLEASE. ADD TO CODE EFFECTIVE DATE DM 6 DM 6 2/4/71 DM 20 DM 20 2/18/71 DM 23 DM 23 Correction DM 26 DM 26 Correction DM 27 DM 27 3/16/71 DM 30 DM 30 3/16/71 DM 31 DM 31 3/16/71 I� PLANNING ZONING DM 6 SECTIONAL DISTRICT MAP IS 6-6- 10 NOTE ADOPTED AUGUST 15.1960 •LL olNExsloxso.RE Ix CITY OF LEGEND: I.Ex•.o THE EExTER t1Tr couMclL ORDINANCE No. 766 LEGEND AMENDED ORON0. AMENDED ORD,At OFFICE PROSES—AL DISTRICT HLJNTINGTON EACH S-Y-62 929 2-21-88 12 7 © .FE xxERDC ISM olsE.—ET CT 6-6-62 918 1-11-66 1226 s E s 10-9-2 929 11 3-66 12:1 L xnED Y BUSI r4 .ICT cE o 1-7-662 947 I-3-67 127 © c sIESs C. - I-7-8! 947 2-8-6 7 - 12TT � Ex[f D�]�RIc ORANGE COUNTY CALIFORNIA 1 1-63 966 9-3-67 I315 ® MO-E E DISTCDLTOR. D 9 RKT 4:1-633 956 9-5.67 1345 ® x xE ADANWICIT 9 0•19-83 996 4.1.68 I{00 IT,E]IECVC.T10x1 DISTRICT 10.7.63 1007 5.20-M I412 ®.Coxxu.T,E.CYrtIFS IRECREITIONALIDISTRICT AMENDED BY ZONE CASE: 2-3-64 1034 7•IS-89 1.14 2{0,256,268,2ii,280,29/,309,311,l21,l46,306,393,127 B-I-e{ 1060 6-1-89 1511 457,482,496.452,511,544,66-27.66-42.W59,66-58 6-IB- .—.rzLlm rz STR[En 84 1079 I-9-il 1621 _ sETeaa L 67-20.67-22,68-3,68-e,58-19,69-18,70-6 12.7-6{ I108 3.15-6 6 1082 2 3-21-5 1146 / y 6-21-BS 1146 s. r.11 GARFIELD AVE. JF� C1TI 1 ( OF 11 INO'oN IIE A 711 RI >! za.ez RI - 4L;ENIx RI RA g 4x RIN a R I ALBACORE DR N DR C2 RI ER RI RI C' RI ';RISR5 Bass DR. RI Ici R5 0_ _ m RI ~ R 3 F N CR ITCHFI LD E !" R I R 1 " R I .I Ci2 RI 494E R I _ S RI 6 RI ELAADO VELAR00 M. M H 0.ol C. F t. O' :A lobo zoo RI R1 RI RA E.. _ •Tree 9J •J KREPP OR.J iLOUNDER R S M H Y t72� = ¢ RI CF-E E S E S Y M. PO-LACK OR oo— _ RA 1':AIBEH'r s:::x;;.;:..) RI RI RI IRI E C _ SAILFISH OR. _ RI Cr RI tl LE K4REN C TARPON 0 RI x .xN1N y DR pGRAND W DR. RI RIFT. RI RI YORKTOWN AVE. RI QQ RI RI VEROxIt. �R GREENWICH DR • L.EIELCE y EREYERICN (CKA S:.HOOi.I RI y RI RIW RI RI x R1 RI l RI W.R7IELD ,PORTSMOIITN DR. I-soRUGx OR NDME RI RI J g11—A RI RI _ RI RI ¢ 13 CF-E RI A NANTUCKET OR. WOODLAWI WIR R I RI '�,CF-R RusHAflO SCHOCLI RI C > a 6 MADELINE OR. HYANNIS PORT Dfl. —TON OR. � TUT ON All' -R1 R1 RI CAPE COD DR. TELH4x - b_ Al Ndrtx LINE SE N4 9E 11. SEC-4-b 10 C F-E _ A,, .L , - -- J 61c DR. M;: R3 ::RD R3 is R3 R3 R3 J ('NAVD:- SCHC--L) GROEON OR i Z " Q Trsw000 oR. ::R3 __________ PIONEER -- - - -- rc I OYO• M y y ;1____,I E4N4Roa r. wsxom -viM-, RI RI RI RI RI RI ''R3';' R3 I:R3R3 I R3•'i 3NR3 dm N R3;; iI R3 R3 .lI R .I K GETTYSBWG DR. ___.. ._ e�-" ' LIFE LOT.]TR 44s] RI .--�i.- `lp imr R3 ;yJ y o ------------ x ^� BI CRAWFORD t0. G ? o R3 R3 C;j R3 R3 1 R3 E C �� 1i0 ED t oo y .i o p 1; . 'Y`•: RI r .... LI R3 k o 3 ____ '� it° ' R3 "'4 0* 1 iC ! - a I � ADAMS AVE. PLANNING ZONING QM 20 SECTIONAL DISTRICT MAP 18-6-10 NOTE. CITY OF ADOPTED-AO ORDINANCE 4,I980 �`5[ •✓ rrE _N+[R CITY COUNCIL. NANCE N0. 760 LE.EN.'R1' AMENDED ORD.NO. AMENDED ORM NO. HUNTING TON BEACH 2-19-62 691 3_e_67 31 I-7-83 947 3-8-87 1301 2-4-83 951 - 4.17-67 1317 ..a;� [-:_E e-S-83 992 -10.2-67 1353 :5•M�c+x'- 03 \RA ) /- / ` 7 I i 9-IB-83 1004 2-3-68 1399 © ornc[ ,R 1—ORAL 0 1 A\ G E �.`.�t' .\ T 1 n C A L I F `/ R \j_� 3-18.84 1048 "4-IS-BB 14L2 1 4-20-81 1096 6-I1-68 14�2 © E 5-4-64 1055 10-17-58 1448 � AMENDED BY ZONE CASE: a-re•64 1079 10-6-89 152s 66-21,66-42.6 -89 10.10 1152 II-3-69 '539 L„ REs•DEx*�:.� ,u3,221.2'S..67,338,343,357409,420,416.458,616,620,66.1,66-2. 10-IB-65 1162 12-8-69 IS42 CONSINED 66-70,66-67.6T-23.6T-3B 68-4,68-16.68-27.69-25,69-29,69-30.69-38.70-25, 4-4-66 1195 3-Y-70 1558 :="--: DfslcxATfs m1wTf STREET 4-4-68 1197 I-I8-71 1622 IE T 6.20-66 1216 T E IS 10 10.3-66 1257 16 17 LANTA i ' I � D 8 C ORIENT DR a RI RI RI RI xlot a RI ;R I RI OORNERM1pol ON J RI 8 a RI TE �'RLI:ERIEL0 A 1 R `R CF—E RI RI 's RI sR1 RI (G;SLER SCHOOL PAW A DR, RA-0 CE•R 5 CE-R lE@SON WIG.SCHOOi.) p ,D f 1320 1133m _ RI 9 6REE A",Y SANIT <NENT DN�f j-NO DR R2 :-- R I 3 xTE Wllti OR:.�V auL mf_Y 3 URI = RI C%` R2 __ —z u Pg87.6DTA_I.y .M1!Pl•..f __L9.,;! - [a RI - -- . :v1ii:_: 1 a---V-- ------------ Io $ 5 [RI - ' N BNOO�N1vEX CR NARSGN POINT c»: - RI W R I ; RI RI W RI RI a RI ANDR�CR e.: R 2R DR _ _ W __ - & - ---- mPN:RTxEC u PME YE ____ R2...... ___"_=_DB_ NGRI RI RI ; RI s XAMILTON -- - AVE R I R I RI RI yy R GATTA DR ANI DR g C4 swro E RI RI Jr = 3 RI RZ RI RI e BOBBIE CIL Y NArt1 OR. K CR RA RI 5 RI RI < RI RI RI �RI RIm NIGUEL CR- R I R I I < NE NE I R. 3 L:NE N 1/2 P'N SEW SCATO +i-b-10 AI R I 3 ` i R I LA—L DR. �� RE A IA CR.T YA AMINE R. �I ICR ++ R I R 1 i RI RI V]RIRI z RI u RI u RI R 3 R3 �. RMODE3IA DR aM fl ANA N OR. 9 a R I RI RI 3» BERMUDA OR. LL HUDSON S F RI RI —E R3 R' CF-R� KAHULUI DR. CF-E � R I (FADER=14—.) RAM LER 9 1 M4NAL0 DR. RI Y RI XlRraart o . - - RI a � 3 q R I GULBTRAMD CR RI A R1 Q KAPAA DR. t RI 5 8 RI O} 1 = 7 = 0 - - - R I o o.noNA f= ALOHA OR.= 11 RI cart YON RA-0 R I RI CF-RR NRIDE a RI H BANNING AVE. O IS E4 D If EO ..i PLANNING ZONING DM 23 Iloo SECTIONAL DISTRICT MAP 20 -5 - II lD.E x.EET NOTE' CITY OF ADOPTED DEGEMER S,1980 s���DE cx 4E NAR DTxC CExrER CITY COUNCIL ORDINANCE NO.004 LEGEND r AMENDED ORD.NO. AMENDED ORO.NO. 0 SIRULE FAxaT RESSIERCE DISTRICT HUNTINGTON BEACH 6-4-62 970 -16 1210 C0°" PRO ES31RES asRlci 6.24-83 970 7-16-66 - 1228 C2 [DNNUNITY AVYINE49 DISTRICT 10-7-63 1007 12-5-66 1269 SET♦Aa 1.E 3-2-64 1041 3-8-67 1304 F L'TED rNunPLC EAx RESIDExCE DISTRICT 4-6-64 1045 9-IB-67 IJ 49 ORANGE COUNTY, CALIFORNIA 4-4-94 1054 12-IB-67 145 qz T q r.x.Ev RESUER E Dis,xicT 4-20 64 1064 11-I8-67 1451 AMENDED BY ZONE CASE: 5.18.64 1056 2-17-69 1471 m xwxwnr coNA(ERcuL asrRla 27.292,367,398403,4%13,425.434,406.459.460,470.66-10.66-26 6-1-64 1079 4-7-69 1480 a1NRR�u II WILLITIES IEWDRTDM OWRIDT 4�1.498.530,66-IJ3,66-2,67-22,67-29,67-30,66-33.68-28.69-4. 9-19-54 1078 FACILITIES(RECREATIONAL)01.i r 11.2-64 1098 12-7-64 :06 - (O-IB-65 163 11.1 65 1164 ' EDINGER AVE RI C4 3 3 R5 �:.. I ~ RI u RI RI RI qJt C2 I m R2 RI PRELUDE DR CF-E CF-E RI RI :}vE:SCXCOL SUITE OR J I�KONAA OR W� E RI IL_R7 R5 R I MINUET pq m HILO CR CF-R w RI KALI OR. RI 49 z R I �� a RI RHAPSODY DR MAUI CR. ♦� R 5 R5 RI RI RI a + RI <OPERETTA n : R I Zj - R I 4 OAHU Da. IF RI i s RI oa ~ SCENARIO DR. rY RI RI RI C4-I 0. C. F. C. 0 C* R I Fl,lj I R2 R 2 R2 C4 'R3 R3 .--IEIL-- AVE Y(i0. ♦ - xao•!rlYr R3 loaoo x D4•n'vR n.ez— 4 I CF-E HARR?R VIEW S:-HOGL R2 � R3 R 2 RI CF�6 R2 YTM RI R I �• - AIRIE _ ST. D PICKWICK fl - RANF RI RI oa• RI R3 R2 „ R2 R2 § R2 RI RI 1. PEARCE S ui f ST RI r OP F1 RI RI .� C4 DALE DR. R, RI R R2 R2 R2 R2 R2 R3 R RI R1 1R� R I lI � M10 sr � ' R' RI R I RI I C4 I MILD 6T. u e V NPORTW 2 2 R3. D1 RI R 3 (a ` — R3 Y R3 RI � � RI a ow. Y C2 I m RI 0 1 w9a3oR R I R I R I R I l,D, W - I F N YY• WARNER AVE I - rIDRI•R♦10x NACN Rm n� PLANNING ZONING DM 26 loo SECTIONAL DISTRICT MAP 23-5-1I ALE NEEET 7 NOTE- CTTT/ �� ADOPTED MARCH 7, 1960 orrSIC oec or wn Ta Tx or w.r CITY . E CE"TER CITY COUNCIL ORDINANCE NO.754 ILEGEND i AMENDED ORD.NO. AMENDED ORD-NO. © REM UIL AGRILUTM4L-STRICT HUNTINGTON BEACH 6-20-60 772 8-1-66 1274 Q N1 LE rDN REST D DENCE DISTRICT IT 1-3-61 81 12:,l 66 1234 7-3-61 655 1-3-67 1278 � s I I-6-61 876 I-16-67 1286 �c 12-4-61 877 1-16-67 1291 Q LI x N°NLE1 UIING DISTRICTDISTRICT ORANGE COUNTY, CALIFORNIA 5-62 686 2-15,6T 289 -_= TI°.TEPpH:Tew°. 2-19-62 B90 I-15-68 1384 3-19-61 894 6.17-68 1418 SE AMENDED BY ZONE CASE' s-7-62 goo 6-17-68 14zo ® T "° °° RESIDENCE DISTRICT 9-'7-62 923 a-19-68 1435 0 T 102,104,107,116,132,190,211.212,2H,220, 6-24-63 977 9-3-68 1439 =R ea0rE590"°L•NDTEL A rMRULERTwRx psrNCi 222,224,237,260,327,495,501.5ON 506,537,66-4,66-29 2-IS-65 1122 11-18-68 .451 iSS D T 3ErLAN DF STREET uI 66-54:66-59,66-64,66-61,PP 66.4.PP 67-4.68-12.68-14 3 1-85 1123 3-17-69 :483 coMM TE40uTIEa1EWc4rlOxl DlsT ttNT 68-20,68-24.68-34,89-2,PP 68-2,70-2,70-M,PP70-5,PP70-8, 4-5-65 1132 3-2-70 1557 OMNDNITY--I,S tRECRE°TI—L)INS7RICT 4-19.65 35 10-I9-70 161G12 —' EDINGER 12-6-65 116e z-16 16 11 32 AVE J I 140 111. - 100 = 8 g 8 u hD C2 4: In RA 2 C2 C2 , FT /,Loalc" 34, 13 o t C4 E RI ORGE DP R3 BWES41L5 DR j _ r VOLGA DR 3 R3 tz R I R wr R 3 R3 ST RK ST ! s STONEW000 DR -R3 R I 3 R I - MURDY CR L�AMAZON DR 369 R3 ' C F RR c4 I CANDLELIGHT CR JBDUOUET DR M I M I R3 R 3 '" i 4.SD C R3 N v2 NE I/4 SEC 23-5-11 HOL ST RI RHONE LN STARLIGHT CR 3 MI x RI C F-E ! 1 ° R3 Ca' RI RI RI RI S RI ANITA LN. u s;aw:EW scHeGu MOONLIGHT CR RI L_1 MACDONALD ZST RI N R- J JULIET LOW .N LIE T pry 23�Ca VALENTINE DR J _ R I SD4 zs f3 L a �OLENCOE AVE I DR c�:R IGHT DR RI RI R2 ca R I r; R I I ALHAMBRA - DR. HEIL RI R2 C4 A I R3 R3 RI DANUBE OR RI [R�CR Jrr11nnRI� UU�1RI RI W Rl R3 R3<R3 R3 R3 C d SEINE DR W4 O� R I V T M4 ...Rot M I RI cy P RruER w RI RI RI DON Gq R3�R3 JR3 R3 A CF-E M I MI RI j (?ARK':fE'WS •:L) _ �f D. R3 C2 4' RHINE C 1 w11 BE SIN U. O i4RT]Its - - SEC CF—R R3 DR3R3 .,w' R3 r C4 iD C0 alGx a (MURO%^. MM:iX:TY?FSK I R3 R3 r 9 o. C. I' c. D. 0. C. IC D co-I U. w 4u ooD 451- 34o t Z q5 R3 R2 R5 0 x R5 R3 R3 MI N6 b 5q �!T R3 I wC4 D m �00 C4 R5 ca �s R2m T..� WARNER AVE PLANNING ZONING . DM 27 loll SECTIONAL DISTRICT MAP 24-5- III xFEET NOTE CITE OF ADOPTED FEBR DIN 20,1961 or SucxA R�N.or w. o ixE crxirR CITY COUNCIL ORDINANCE NO BI] AMENDED ORD_ - ' N O. AMENDED ORD.N O. 3:20-61 826 1-16-67 1287 69S'6l 4-]-709 45168 1e 2-2 GLLEG E SINGLE i •wv vEs.DExcE ois TR 12-4-6 77 21 5 886HUNTINGTON BEACH 996 ,�CoAWU1ITY BUSINESS DISTRKT 5-]'82 900 C•4RIruLTUR•L DISTRICT ORANGE COUNTY CALIFORNIA 2'17-fi9 039 c[�xawer ca KEn os*ncT 5-I1_64 1058 0 LlwirEo NULi.fLE FAwnr RFSIOFNCE os 7 6-I-64 IOSB TRICT 9'8'64 1081 - AMENDED BY ZONE CASE: - 12-7-64 nos 146,163, I-3-67 12 00 194,210.211.217,230,237,366.437,433.470.479,505.66-51 4'5'6S 26 PP88-I,66-63,67-32,69-33,PP70-8 12-5-6 12 SUFFIX LEGEND- ----ULTIMATE RIGxT OF wAT SET ll�-ECI x f STVE[T•uexNENr EDINGER SAVE 8_mil o R3 �ry C2 9c¢ � �fCO 4yC0,° C 2 A, R 3 D 4qy f. j 3 R3 STARK AVE q 0 i C2R12 io ¢ R3 E of N./2 xW 4 SEC.24-3-.I Ch-h i 3 O A. ° O C C f- 0 W. 0 HEIL -- CITY OF RI - RI HUNTING BEACH A _._lam __ LDI�2 4 R3 C4 CC ° ! RI RI RI RI RI RI RI RI RI RI RI 3 RI J RI IC4 W _ o _ s.wY cR DONALD CR ERs aRusH DR RI V �RI c RI RI RI JUDY CR RI ROYER cR RI DE VRLE CR I w BRYANT DR RI RI szR is L�i -c" 4 a RI RI' LAMAR DR -R CA wLAMBERT Wo DR RI i RI a CF—E RIRI RI RI RIORINDA cR FERcwox<n a^Ta! � IPLET.SE:'T'.!F..IC14 CLI TERRY DR. .roYu DR RI RI z BFIR �J+ u HOWARD CR CAUEL CR =Q C4 RI RI RIg - RI < RI oNxERRI O RIZ suEw a UrR DR. pRNETT DR ARNETT 0R J RI I A I Q pnAl rot RI RI RI RI JoEaEx CA 2 Do R 0. C F. C. D RI c6-2 I RI RI _*o¢ I Ru cR. 8 � ... -C r I RI xERI c r _ RI I 'a CF—E R R3 Cr 6 MERLE CR W x I� Q4 J R3 < RI 8 n rRI .sos¢ Q a C D: TAMARU oR.•3 RI J RI ono y m >o` I' R3 �IE:AHCHc'.lE•.v sa:;cG;.l ° R3 c4 z ER RI C2 _ V c GLASGCA CR .1-1 : R3 A RI RI you = —J w . WARNER AVE NUN1ACT4N■•01 ouwM n_� PLANNING ZONING DM 30 SECTIONAL DISTRICT MAP 25-5—II e,CAL[ — :'LET --- - x NOTE= - ADOPTED AUOUBT I6.IBBO ALL o�N[xuoxs ARE w F[[r CITY OF QI;sUCME.eT INIx .x.RIGx.eF x.. CITY COUNCIL ORDINANCE MO. 766 ExP[P Te[anx,m rx[uxru AMENDED ORD.N0. AMENDED OR7 LEGEND'�[••r 3-27-61 629 12-9-611 IY'73 O HUNTINGTON BEACH IZ . 61 SO 1 67 1260 [ AM. 12-16-61 Sao .-17.67 1309 OFFICE FR9I[wI9xAL aorRicT 3-7-62 900 9-18-67 1349 6-11-62 BOB 3-IB-88 141T O Mwl a RE,•ENC[,IsrRI<r .-I.8! 957 6-17-68 I.17 O EPECMLFZONE I CEMETERrI 6:20.63 B86 4.16-BB I.S9 ORANGE COUNTY CALIFORNIA. ' '-63 B89 ' 789 I�°' © <�wr TAT 7 12- 6! 1976 2-18-849 832 IF-1 I[[II[Rr r a[3m[xL[Bsmx:r[r AMENDED BY ZONE CASE 1-e-6. tole ® LMI+w IAiLTin[AEAMILr R[vocNc[as*Rrc+ I-20-84 loll 163,211.216,237.251,290.319,291.330,377.380,.09,3W..93 3-16-A. 1043 483,66-52.PP 66-2,67-3.67-4.67.22,67.31.68.2.66-41,67_32.68.19,PP70-e, 3-.-6. 1082 SUFFIX LEGEND: 6-19-6. 1079 - 1-4-63 1111 --- 6[T9ACa Lu[ —ATE MINT OF RAT FRI—E'LAN OF STREET A-IMENT � EE��111I J 1 1,= WARNER AVE ..—- RI RI .l 1- CITY OF FOUNTAIN VALLEY AMSTERDAMR I F 7 Z ' I N R ER C �., $ R2 .tl �$ a L W Rf RI RI r RI g£J RI W �4 RI MAR6E9-LE DRY RI POLDER CR - R I LLLLa7lll R I MLENLI4 IS DR �, wI RI RI FRI SL D R I RI C � RI 4 w GUILDER DFF. 0 HOLLAND R I C F-E ' - 11 SLAKE VIEW3LNOOLI RI RI RI , R 5 IC4 �z RI RI RI 0 NI AVE � 3 [�'C4 B.L< N R2 L R2 N.LINE OF TRACT R IuuR R3 R2 RI w � o Y z RI _ . R2NDELE CR. . R I w R2 R5 w E`- R3 i Sp-1 N.LulE-un 9vE SM.. . ,Ec.to-6-n 0: w u I S P-1 TALBERT AVE PLANNING ZONING DM 31 o SECTIONAL DISTRICT MAP So 26 - 5 -II AEALE — ' NOTE CITY OF ADOPTED APR II,I880 4.,'cxow Nr wA, D ixE crxr[x c17r couaclL oaDIDlruNce No. 769 LEGEND:ND AMENDED ORD_No. AMENDED ORD_SIM ®® REAIOENTMu AGRICULTURAL DISTRICT TI 0 ® TWO FAIN I RERICENCE DISTRICT H�J NTINGTON BEACH 3-I-I96I 631 I-20_1961 D24 AU LGMT lIN USTRIAL IDISTRI ION)DISTRICT 7-3-1981 049 1-18.1965 1117 FROFESSDNAL 6-7.1961 %o 4.51963 II31 0 LIDNT INDUSTRIAL DISTRICT 9-19-IB61 686 117-1965 1141 -�-• SAMILILAAOSEE . DISTRICT 10-E-1961 870 6-17-1983 1141 Q WxDL[ FA r REWocxa oISTRIGT 11-6-1%1 976 4-16-1966 120E n3� LIMITED xIM ORANGE COUNTY, CALIFORNIA =-4_1961 Bn =-1-1966 1234 o CON.I.I:1"o; RESIDENCE °""`r 6-74962 900 r!-1967 I278 © COMM xrtr FACILITIES(RECREATIONAL)DISTRICT AMENDED BY ZONE CASE: E-254963 955 1-3-I%7 NO SUFFIx LEGEND: 101,148.172,187,192.202.208.211,212.237.304.312,313 4-1.1963 950 3-8.1987 1304 O 3%,325.339.341,340,356.339.369,371,289,48%504.606,509.66-7,66-13,66-14,66-57,PP 86-3 4-15-1963 962 3-20-1967 IS08 FRDxT YANG SEreAcx 66-50.67-1, 67-22,PP 67.5.PP69-I,PP69-2.PP70.1,70.4,PP70-B, 6-3-1963 970 9.18-1967 1349 --- !E!l 8-5-963 992 1-I5-12U 1303 ---- ULTIMATE RUNT OF AND 6-19-1963 9% 3-19-1969 1498 _rt Fncc4E rLAx OF STREET ALNA— n E 9-16-1963 1004 ID-6-1969 530 10-7-1963 1007 4_20-NA 1570 10-20-1963 010 10.6-1970 1607 WARNER 11-18-1963 1020 2-16-1971 1632 AVE ss E3 +LI I L MIE71 + Dr„ R2 R5 •D ❑ T--� i FIR DR C 4 CAIN AVE TD R2 ` AD3c 03 C F—E I l LV C4 K (WiNTERSBURG NIGH SCHODl1 M I w M I R 2•• F R 2 J �---�--- R2 -_•o I m I I CF-R w D. CEDAR AVE.11 R2 Po RI L RI CF_E R3 ----- 330 TO t 9ETTT DR � 11tt6 M I M I M I (^•AN VIEW 3CHOOL) MANDRELL OR R3 RI' R3 Si C4i RI RI RI RI RIIN j eARraN DR 3 R3 try FORD BJD R3 IS w n9o.00 rot R I I Ih cc R [-- I Lu RA j ; 0 a • 4w=rot I� _Tot R3 R3 ? R3 R3 YFR3 4�I AVE 5,4 F.0 4 MHi E RA $ MISR2 Nc ' 0 MI MI MI R3 R3R2 C�' SO _ W M AVE CF—R MI � R2 N tl C RONALD DR. _ F R2 W g j C W IY Ps E07 0 _ IS drt R3 RS W R2 R3i ca I m R 5__ TALBERT AVE w..RD.ASmN Fucx FULL CODE HUNTINGTON BEACH- ORDINANCE CODE CHANGES (Updated 6/11/71) PLEASE- REMOVE FROM CODE PLEASE ADD TO CODE . EFFECTIVE DATE 3311 S • 3311: 7/7/71 �Jr S . g060 Correction s . 9684. 1 S . 9684. 1 7/7/71 S . 9686 .4 -- 7/7/71 s . 9730. 13 S . 9730. 13 7/7/71 II].,,'A LTH FOOD S . 3311 CHAPTER 33 FOOD ARTICLE 331. FOOD HANDLING ESTABLISHMENTS 332 . LUNCH. WAGONS ARTICLE 331 FOOD HANDLING ESTABLISHMENTS 125 S . 3311 DEFINITIONS . The following terms used in this Ordinance shall have the meanings indicated below: S . 3311. 1 Health' Department or Department shall mean the Orange County Health Department, which acts as the health department of the City pursuant to resolution made under the provisions of Section 476 and 477 of the Health and Safety Code of the State of California. S . 3311.2 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. S . 3311.3 Inspector shall mean a sanitarian, as defined in Health and Safety Code Section 540, employed by the Health Department, or the .Health Officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this Ordinance . S . 3311.4 Premises shall include land, buildings , vehicles and ships and other vessels wherein food is handled, stored, distri- buted, prepared, processed, served. or sold, and also equipment installed or used in food establishments or on such-premises . S . 3312 PERMIT REQUIRED; CONDITIONS AND TERM. S . 3312. 1 It shall be unlawful for any person or other legal entity to operate, within the City of Huntington Beach, any business in which food is . prepared, sold or served for public consumption upon the premises or elsewhere , or any food processing or manufacturing plant, or any store, vehicle, vessel or facility for the sale , storage or re- tail or wholesale distribution of foods or beverages , without .first applying for and receiving a Food Vending Permit for such operation issued by the Health Department under the provisions of this Ordinance . S . 3312 .2 The places of business for which such permits are -required shall include, but shall not be limited to, any restaurant, cafe , lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and. vegetable stand, grocery, meat market, -,bakery, popcorn or peanut stand, bottling plant, wholesale warehouse, food vending vehicle and vessel, and businesses which service vending machines located in the City of Huntington Beach, regardless of the location of the facilities from which such vending machines are serviced . r S . 3312 .3 FOOD HEALTH S . 3312.3 This Ordinance shall not apply to cigar stands or -other places of business or vehicles where no food of any kind is Sold, other than candy, or soft drinks received. and sold in sealed _cr=tainers, nor to vehicles engaged in the delivery of food. products tc wholesale or retail establishments for resale . S . 3312 .4 Every applicant for a Food Vending Permit shall file with the Health Department a written application which shall state the name and address of the applicant, the location of the food handling business , the character of the business which is proposed to be conducted and such other information as the Health Department may require . S . 3312 .5 No permit shall be granted, renewed or reinstated unless the Health Department determines , upon making an investiga- tion, ,that the place of business for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be, unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public . S . 3312 .6 Nor shall a permit. be granted, renewed or reinstated unless the Health Department determines that the condition of the . premises is in accordance with the requirements of all applicable pro- visions of the California Health and Safety Code, of the ordinances of the City of Huntington Beach, of this Ordinance, and of all rules and regulations promulgated under Section 3318 below, and that said premises are capable of being operated in accordance with such laws and. regula- tions . S . -j312 •7 Issuance of Health Permits . Permits may be issued at any time during the year, but all permits shall expire at the end of the calendar year. Each permit shall be posted in a conspicuous place on the premises or in the vehicle for which it is issued . (1649- 6/71) S . 3313 CONSTRUCTION, CONVERSION AND ALTERATION. Prior to the construction, conversion or alteration of a building for use as a food establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the City, two copies of the plans and. specifications therefor shall be submitted to the Health Department . The Health Officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and ordi- nances . S . 3314 SANITATION REQUIREMENTS . All businesses and premises for which a permit is required by this Ordinance shall be con- structed, equipped, operated and maintained. so as to comply with the following sanitation requirements . PLANNING DISTRICTING PLAN S . 9060 ARTICLE 906 DISTRICTING MAPS S . 9060 ESTABLISHMENT OF SECTIONAL DISTRICT MAPS FOR ZONING PURPOSES . The designation, locations and boundaries of the districts established are delineated upon the maps entitled "Sectional District Map, for the City of Huntington Beach, California, " which maps encom- passing the entire City and all notations and information thereon are hereby made a part of this. Ordinance . (737, 754) S . 9061 INDEX MAP. The Index Map shall consist of an index map to the sectional district maps , being part of this Ordinance under the provisions of this Article , and shall be cited as Section 9061 of this Ordinance . Said Sectional District Maps shall be delineated on the index map by Ordinance . Said Sectional District Maps shall be delineated on the index map by. Ordinance Code Sections . DM 1 Sectional District Map 1-6-.11 DM 2 Sectional District Map 2-6-11 DM 3 Sectional District Map 3-6-11 DM 4 Sectional District Map 4-6-11 DM 5 Sectional District Map 5-6-10 DM 6 Sectional District Map 6-6-10 DM 7 Sectional District Map 7-6-10 DM 8 Sectional District Map 8-6-10 DM 9 Sectional District .Map 9-5-11 DM 10 Sectional District Map 9-6-11 & 10-6-11 DM 11 Sectional District Map 10-5-11 DM 12 Sectional District Map 11-6-11 DM 13 Sectional District Map 12-6-11 DM 14 Sectional District Map 13-6-11 DM 15 Sectional District Map 14-5-11 DM 16 Sectional District Map 14-6-11 DM 17 Sectional District Map 15-5-11 DM 18 Sectional District Map 16-5-11 DM 19 Sectional District Map 17-6-10 DM 20 Sectional District Map 18-6-10 DM 21 Sectional District Map 19-5-11 DM 22 Sectional District Map 19-6-11 DM 23 Sectional District Map 20-5-11 DM 24 Sectional District Map 21-5-11 DM 25 Sectional District Map 22-5-11 DM 26 Sectional District Map 23-5-11 DM 27 Sectional District Map 24-5-11 DM 28 Sectional District Map 24-5-12 DM 29 Sectional District Map 24-6-11 DM 30 Sectional District Map 25-5-11 DM 31 Sectional District Map 26-5-11 DM 32 Sectional District Map 27-5-11 DM 33 Sectional District Map 28-5-11 DM 34 Sectional District Map 29-5-11 DM 35 Sectional District Map 30-5-11 DM 36 Sectional District Map 32-5-11 DM 37 Sectional District Map 33-5-11 DM 38 Sectional District Map 3 -5-11 DM 39 Sectional District Map 35-5-11 DM 40 Sectional District Map 36-5-11 PLANNING MISCELLANEOUS DISTRICTS S . 9684. 1 S . 9684. 1 Portable Equipment Required . No person or persons shall use or cause to be used any equipment in an "0" District for the uses enumerated in Section 9684 except portable equipment, or such other equipment as may be approved by the Department of Oil Field Control. No person or persons using such equipment, or causing such equipment to be so used, shall maintain or store said equipment in the "0" District -upon completion of the work for which said equipment was used . S . 9685 "O1" COMBINING OIL DISTRICT. There' is hereby established the Ol District . All uses allowed in the "0" District are allowed in the "Ol" District provided an initial use permit is first obtained from the Board of Zoning Adjustments, pursuant to Article 981 of this code . All subsequent uses of like kind shall be included in such initial use permit. All uses not allowed in the "0" District are not allowed in the "Ol" District, with the exception of drilling and redrilling . S . 9685 . 1 Maximum Oil Operation Site . No person or persons shall establish or cause to be established an oil operation site more than three (3) acres in size in an "O1" District . S . 9685 .2 Drilling Allowed on Oil Operation Site Only. No person or persons shall drill or cause to be drilled any oil well except on an oil operation site . S . 9685 . -- Minimum Land Surface Area for Each Oil Operation Site . No person or persons shall establish or cause to be e ta,blished in the "Ol" District more than one (1) oil operation site for any minimum land surface area, as defined. in this code . 9685.4 Acreage' Requirement . The minimum land surface area for- any oil operation site in the "Ol" District shall consist of no less than twenty-five (25) contiguous acres . S . 9685 .5 Dedication of Right-of-Way When Abutting Any Highway, Street or Alley. Prior to issuance of a drilling permit for a new well located on any 1101" parcel abutting a public street, alley or high- way, the street, alley or highway abutting such parcel shall be dedicated to the City of Huntington Beach to a width determined by either of the following, whichever is greater: a The current Master Plan of Arterial Streets and Highways . b An approved precise plan of street, highway or alley alignment. c Department of Public Works requirements . d By ordinance . (1648-6/71) S . 9685 .6 Installation of Improvements when Abutting any Highway, Street or Alley. No final inspection shall be given nor shall the well for which dedication was required be operated until the required dedication of right-of-way as described in Section 9685 . 5 has been improved by the installation of street improvements to the center- line of the street including curbs , gutters, sidewalks , paving, street trees , street lights , street sign and street drainage in full compliance with City of Huntington Beach Street Standard.s . (16g8-6/71) S . 9685 .7 MISCELLANEOUS DISTRICTS PLANNING S . 9685 .7 Application. When filing for a drilling permit, the oil operator may file written application to the Planning Department to have the requirements of Sections 9685 .5 and 9685 .6 waived for the well in question. Said application shall be set for hearing before the Board of Zoning Adjustments within fourteen (14) days following receipt of the application . The applicant shall receive at least ten (10) days notice of this meeting . A majority vote of the Board shall determine the improve- merit requirements . (1648-6/71) nearing and Appeal . In considering the application, the body shall evaluate the request upon the following criteria: (a) Period of time that the parcel has been previously devoted to oil operations and contemplated life span of the project . b Development of the surrounding area . c The effect the proposed well has on traffic at the site . d The relationship between the proposed requirements and the anticipated expanded use . Waiver of improvements for one or more wells on a parcel will not preclude a determination that improvements are necessary prior to the drilling of another well on the parcel. Any decision of the Board may be appealed to the Planning Commis- ir,n within ten (10) days of its decision, which shall be heard within thirty (30) days . upon ten (10) days notice to the applicant . (1648-6/71) 9686 "02" COMBINING OIL DISTRICT. There is hereby established the 02 District . All uses permitted in the "Ol" District are allowed in the "02" District provided an initial use permit is first obtained from the Board of Zoning Adjustments , pursuant to Article 981 of this code . All subsequent uses of like kind shall be included in such initial use permit . All uses not allowed in the "Ol" District are not allowed in the "02" District . S . 9686 . 1 Restricted Areas . The "02" District shall be combined only with the Ml or M2 districts . S . 9686 .2 Minimum Land Surface Area for Each Oil Operation Site .. No person or persons shall establish or maintain, or cause to be established or maintained more than one (1) oil operation site in the "02" District for any minimum land surface area, including tidelands, as defined in this code . S . 9686 .3 Drilling Allowed on Drilling Operation Site Only. No person or persons shall cause Eo be drilled any oil well except on an oil operation site . PLANNING MISCELLANEOUS DISTRICTS S . 9686 .4 S . 9686 .4 Acreage lie quirement . The minimum land surface area, for any oil operation site in the "02" District shall consist of not less than forty (40) contiguous acres . S . 9687 ENFORCEMENT. The Oil Field Superintendent of the City of Huntington Beach and his representatives and persons whom he may otherwise designate, shall have the authority to enforce this Article 968, in addition to the authority granted to him under Chapter 29 of the Huntington Beach Ordinance Code . S . 9687. 1 Appeals . Any decision or determination made by the Oil Field Superintendent or the Director of Building and Safety under the provisions of this article may be appealed to the Board of Zoning Adjustments within ten (10) days after such decision or deter- mination. PLANNING GENERAL PROVISIONS S - 97 LCL.13 S . 9730. 13 Housing of Goods . All goods , wares, merchandise, produce, and other commodities , except those being transported, v,rjicr, :�,r�: :;tored or (.) l:'L'cred for :.,al.c or exchange in the profe ,sional, cr rnrncr•r:ial_, ' and industrial districts , sha11 be housod in buildings , except as provided in Section 9432 . (495, 5173 11943 1395) S . 9730. 14 Yards for Residences Above Businesses . In the C3 District, the front and side yards maybe waived for dwellings, apart- ments , and boardinghouses or lodginghouses , erected above the ground floor of a building when said ground floor is designed exclusively for commercial or industrial purposes , unless such yard areas or courts are required by State Law or other ordinances of this City. (495, 517) . S . 9730. 15 Right of Way Dedication for all Uses Abutting on any High- say, Street, or Alley. Prior to issuance of a building permit, or prior to the use of land for any purpose, the highway, street, or alley right-of-way shall be dedicated to or vested in the City of Huntington Beach; with the exclusion of: (a) Agricultural uses; (b) Interior alterations that do not exceed 1/3 the value of a build- ing for any use, provided that said alteration does not change the occupancy of the building as defined by the Uniform Building Code; (c) Exterior alterations or additions for a residential use that do not exceed 1/3 value of a building as defined by the Uniform Build-. ing Code and does not add. any additional residential units; (d) Interior or exterior alterations required by the Department of Building and Safety to maintain the building in a safe condition; (e) Fences and walls; (f) Any structures not exceeding forty-two inches in height . The dedication shall be to a width determined by either of the following, whichever is greater: 1 The current Master Plan of Arterial Streets and Highways . 2 An approved precise plan of street, highway or alley alignment . 3 Department of Public .Works Standards . 4 By Ordinance . (752, 1194, 1240, 1313) S . 9730. 15 . 1 Right-of-Way Dedication for Oil Operation Sites . Right- of-way dedication for oil operation sites shall comply with all the requirements of Article 968. (1648-6/71) 1 S . ti730. 16 GENERAL PROVISIONS PLANNING S . 9730. 16 Installation of Improvements for any Use Abutting Any Highway, . Street, . or Alley. No final inspection shall be made nor shall a Certificate of Occupancy be issued by the Building Department until: i (1) The required dedication of right-of-way as described in Section 9730.15 has been improved by the installation of street improve- ments to the centerline of the street including curbs , gutters , sidewalks , paving, street trees , street lights , street signs , and street drainage in full compliance with City of Huntington Beach Street Standards . However, where single family units are constructed in the R1 zone on lots abutting an arterial highway; street improvements on said arterial highway shall include curb, gutter, sidewalk, street lights , street trees and ten (10) feet of street paving to Department of Public Works requirements . Temporary paving shall be installed to join existing street improvements . EXCEPTIONS: Where practical difficulties arise, a request may be made to the Director of Public Works , requesting permission to install improvements at a later date . The request shall be in writing stating reasons . If, in the opinion of the Director of Public Works , a practical difficulty does exist he may approve the request provided: (a) An agreement is entered into with the City agreeing to install said improvements on a date certain. (b) Said. agreement is secured by a good and sufficient bond or cash deposit, if deemed necessary by the City Council . (c) Said bond or cash deposit shall be in an amount equal to the cost of improvements estimated by the Director of Public Works . S . 9730. 17 Wall Requirements for Professional, Commercial and Industrial Uses . Any property used for professional, commercial, or industrial purposes having a common property line with property zoned or used for residential purposes , shall be separated by a solid masonry or concrete block wall. When such prop- erties are separated by any easement or right-of-way less then fifty (50) feet in width, the wall shall be constructed on the commercial, industrial, or professional side of such easement or right-of-way. FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 6/3/71) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE s . 1811 s . 1811 s . 1831 s . 1831 GOVERNMENT PERSONNEL SYSTEM 3 . i811 CHAPTER 18 PERSONNEL SYSTEM 1225 ARTICLE 181. GENERAL 182 . PERSONNEL BOARD 183 . COMPETITIVE SERVICE 184. POLITICAL ACTIVITIES-CITY EMPLOYEES 185 . SEVERABILITY. ARTICLE 181 GENERAL S . 1811 ADOPTION OF PERSONNEL SYSTEM: In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reason- able degree of opportunity for qualified employees; the following personnel system is hereby adopted . S . 1812 PERSONNEL DEPARTMENT CREATED. A personnel Department hereby created and shall be under the supervision and control of a Personnel Director . (1642-5/71) S . 1813 PERSONNEL DIRECTOR. A Personnel Director shall be appointed by the City Administrator with the approval of the City Council, and such Personnel Director shall. be the head of the Personnel Department . (1642-5/71) S . 1814 DUTIES OF PERSONNEL DIRECTOR. The Personnel Director shall administer the provisions . of Chapter 18 of this code; the Personnel Resolution; and the Employer-Employee Relations Resolution. He shall be the city's principal representative in all matters of employer-employee relations , with authority to meet and confer in good faith with recognized employee organizations within the scope of repre- sentation. He shall serve as secretary to the Personnel Board . He shall have authority to perform such other duties as may be assigned him by the City Administrator and the Personnel Board not inconsistent with the city Charter, this chapter, and the above-named resolution. (1642-5/71) r S . 1,521 PERSONNEL SYSTEM GOVERNMENT ARTICLE 182 PERSONNEL BOARD S . 1821 PERSONNEL BOARD: There is hereby created a Personnel Board to consist of five . (5) members , to be appointed by the City Council . S . 1821. 1 The first Board to be appointed shall at its first meeting, so classify its members by lot that one shall serve for a term which shall expire one year from date of appointment, one shall serve for a term which shall expire two years from date of appointment, one shall serve for a term which shall expire three years from date of appointment, and two shall serve for a term which shall expire four years from date of appointment . At the expiration of each of the terms so provided for, a successor shall be appointed by the City Council for a term of four years . The Personnel Board shall adopt rules of procedure and shall select a chairman from its members who shall act as presiding officer . S . 1821.2 Vacancies on the Board shall be filled by appointment by the City Council for the unexpired term. Each member shall serve until his successor is appointed and qualified . S . 1822 PERSONNEL BOARD. FUNCTIONS AND DUTIES . The functions and duties of the Personnel Board shall -be as . provided by Section 808 of the city Charter, by ordinance , by resolution or by minute action of the Council . (1642-5/71) i y Y • GOVERNMENT PERSONNEL SYSTEM S . 1831 APTICLE _l,93 ComPN .'_CT.I.VI' I:.IiV_I_C.I; 18,1 COMPETITIVE SERVICE . Pursuant to Article 10 of the city Charter, it is hereby declared that all departments and appointive officers and employees of the city are included within the .personnel system and the competitive service except: (a) Elective officers . (b) Members of appointive boards ,' commissions and. committees . (c) Persons engaged under contract to supply expert, professional, technical or other services . (d ) Emergency employees who are hired to meet the immediate require-- ments of an emergency. (e ) Emp loyees who are employed -to work a regular schedule of less than 10� O hours in any fiscal years . (f) Temporary employees . (1642-5/71) S . 1832 ADOPTION AND AMENDMENT OF RULES . Personnel rules and regula_ tions, in the form of. a Personnel Resolution, shall be adopted and amended from time to time by the City Council following hearings open to the public before the Personnel Board . The Personnel Resolution shall establish specific rules , procedures , including dis- ciplinary and review procedures , and regulations governing the adminis- tration and. operation of the Personnel Board and the personnel system which shall not be inconsistent. with the city Charter. (1642-5/71) s . 1833 EMPLOYER-EMPLOYEE RELATIONS . An Employer-Employee Relations Resolution shall be adopted and may .be amended from time to time by the City Council following hearings open to the public before the Personnel Board . (1642-5/71) . PW FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Corrections ) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE S . 2114.2.19 S . 2114.2 .19 Pow BUSINESS BUSINESS LICENSE S . 2114.2 .19 Provided, however, that issuance of a license to any person, firm or corporation under this section shall not be construed to permit viola- tion by such person, firm, or corporation of Article 553 of the Huntington Beach Ordinance Code . 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 Section 4048, 4048.1, 4048.2 and 4048. 3 of the Huntington Beach Ordinance Code and with the provisions of subsections lb, 2a, b, c, d., e, f, 3, 4 and 5 of Section 2113 .2 of this chapter. (766, 838, 9o4, 16o4-9/70) S . 2114.2 .19 Public Dance Hall. Public Dance and Dinner Dancing Place . Every person conducting, managing, or operating a public dance hall or dinner place . . . . . . . . . . . . . .$300.00 A Every person conducting, managing or operating a public dance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .per dance . . . . . . . . . . . .$ 22.50 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: A. Public Dance Hall is a place open to the public upon the payment of an 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 is a dance open to the public for an admittance fee or charge, which is held on one day only. C . Dinner Dancing Place is a place where music is provided and. the public is pe rmit-ced to dance without payment of a fee . (766, 904, 16o4-9/70) S . 2114.2 .20 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, 9043 1604-9/70) S . 2114.2 .21 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: perunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6 .0o S . 2114.2.22 Skating RinL".. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150.00 A (766, 904, 1604-9/70) I .ifi f -5 S . 2114.2.23 BUSINESS LICENSE BUSIIVL-,SS S . 2114.2.23 Small Stands and Businesses - Temporary and Permanent . Every person, not having a regularly established place of business in this city, who sells or offers for sale goods or articles of any description in his possession, or services , at, on or from a stand upon any public street, alley, or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall paya fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50 A or, at the option of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 D (766, go4, 16o4-9/70) S . 2114.2.24 Solicitor or Canvasser. For every person con- ducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.00 D (Prior to the issuance of any license und.er this section each appli- cant shall comply with the provisions of Sections 4048, 4048.1, 4048.2 and 4048.3 of the Huntington Beach Ordinance Code and. with the pro- visions of subsections lb, 2a, b, c, d, e, f, 35 4, and 5 of Section 2113. 2 of this chapter. 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 chapter, or who takes orders only from businesses licensed under this chapter. ) (766, 838, 9o4, 1604-9/7o) S . 2114.2.25 Same . On Streets , for Hotels, Etc . 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. . . . . .$ 75.00 A (766, 9o4, 16o4-9/70) S . 2114.2.26 Stockyard. Auction. For every person conduct- ing, 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150.00 A (16o4-9/70) S . 2114.2 .27 Trailer Parks . For every person conducting, managing or carrying on the business of trailer park or mobile home park, Seventy-Five Dollars ($75.00) annually for the first twenty- five (25) trailer spaces and Two Dollars and Twenty-Five Cents ($2.25) for each_ad.d.itional trailer space . (766, 838, 904, 1604-9/70) I FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 4/15/71) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE S . 4011 S . 4011 S . 8111.3 s . 8111.3 s : 8115. 3 s . 8115.3 I: SAFETY GENERAL Y S . 4011 CHAPTER 40 ' GENERAL ARTICLE 401. SHOOTING 402. CONCEALED .WEAPONS 403. DRUNKS 404. REGISTRATION OF PERSONS CONVICTED OF CERTAIN CRIMES 405. INHALING, BREATHING OR DRINKING CERTAIN SUBSTANCES 406. SLEEPING IN VEHICLES 407. MIRRORS ARTICLE 401 SHOOTING , S . 4011 DISCHARGE OF FIREARMS PROHIBITED. It is hereby declared unlawful for any person, or. persons , other than a police officer acting in his official line of duty, to shoot, fire or discharge, or for any person, firm or corporation to cause or permit to be shot, fired or discharged. within the corporate limits of the City of Huntington Beach any rifle, shotgun, pistol, revolver or other firearm, or any air gun, air pistol, or air rifle, or any other weapon which emits a pro- jectile as a result of pressure exerted at the breach, with the following exceptions : �a� When it may be necessary to do so to protect life or property; b Shotguns may be used for the extermination of destructive animals or birds only with written permission of the Chief of Police; (c) The use of the Huntington Beach police range as authorized. and supervised. by the Huntington Beach Police Department . (d) Any police training exercise that has received the prior authoriza- tion of the Chief of Police; or (e) Firearm exhibitions which have first received a permit in writing for such purposes issued by the Chief of Police . (16, 513, 11163 1641) S . 4012 PENALTY. Any person convicted of a violation of any provi- sion. of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or both such fine and imprisonment. (1641) S . 4013 SEVERABILITY. If any section, subsection, sentence; clause ' or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections, sentences, clause; or phrases may be declared invalid or unconstitutional. (1641) t S . 4031 GENERAL SAFETY ARTICLE 402 CONCEALED WEAPONS S . 4021 CONCEALED WEAPONS PROHIBITED. No person, other than a public officer, or person having. secured a permit so to do, shall wear or carry concealed on or about his person, any pistol, dirk, or other dangerous weapon or deadly weapon. (75) S . 4022 EXCEPTIONS: KNIVES: SCISSORS . The ordinary pen knife, pocket knife, or toilet shears are not deemed dangerous or deadly weapons within the provisions of this Article . (75) S . 4023 PERMITS . The Chief of Police is hereby authorized to grant a written permit to any peaceable person, when in his judg- ment he may deem it necessary, for such person to carry concealed weapons for his own protection. (75) ARTICLE 403 DRUNKS S . 4031 DRUNK IN PUBLIC PLACE . No person shall lie or sleep in or upon any street, alley, sidewalk or other public place, within the corporate limits of this City, or appear thereon or therein in a drunken or intoxicated condition. (72) S . 4031 .1 Drinking in Public Place . No person shall drink any malt, ' spirituous or vineous liquor containing more than one-half ' of one per cent of alcohol by volume, upon any public street, alley, sidewalk, parkway or other public place within this City, whether such person is or is not in or upon any automobile or other vehicle or con- veyance . (72, 407) S . 4032 DISORDERLY HOUSES . It is unlawful for any person to keep a riotous house, or permit any riotous or disorderly con- duct in any house, yard or premises connected therewith, owned or occupied by such person, or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet, or decency of any person in the neighborhood of such house, may be dis- .µrbed . (72) S . 4033 DRUNK ON PRIVATE PREMISES . No person shall be on any pri- vate premises or in any private house in a state or intoxica- tion or drunkenness to the annoyance of any other person . (72, 407) S . 4034 ALLEGATION OF PRIOR CONVICTIONS . Upon the filing of a com- plaint under this Article, the person filing same shall ascertain from the Police Department the number of previous convictions and shall add an allegation to said complaint setting forth the said number of convictions . (72, 508) i r BUILDING BUILDING S . 8111.3 8111 . 3 Sections 17953, 17954, 17955, 17956 and 17957 of the State Health and Safety Code, shall F�ove.rn in relation to housing . (5111 .)1 Under authority o.t' section 17957 Cali1:'o.rnia Health and Sal'ety Code, the Building Department may waiver the requirements for tests on individual lots as set forth in Section 17954 of the .Califor- nia Health and Safety Code, if as an alternative each and every dwelling within the subdivision is structurally designed to withstand the most critical soil problem within that subdivision. (1167) S . 8112 That the entire City of Huntington Beach is hereby declared to be and is hereby estallished as a fire district, in accordance with the Uniform Building Code and . said fire district shall be known and designated as Fire Zones 1, 2, and 3 and each such zone shall include such territory or portions of the City as designated in Sections 8112, 8112.1, 8112 .2 and 8112 .3 of the Huntington Beach Ordi- nance Code and of the maps and records on file in the office of the Planning and Building Departments of the City, which maps and records are hereby adopted as Fire Zone Maps and Records of the City of Huntington Beach for application of the regulations included in "The Uniform Building Code" of the Pacific Coast Builders conference as.. adopted by the City of Huntington Beach. (869) S . 8112 . 1 Fire Zone No . 1. Those portions of the City of Huntington Beach described as follows shall be designated and established as Fire Zone No . 1: s (a) That portion bounded on the east and southeast by the centerline of Lake Street, bounded on the southwest by the centerline of Pacific ' Coast Highway, bounded on the northwest by the centerline of Sixth Street, and bounded on the northeast by the . centerline of Orange Avenue . (b) Beginning at the centerline intersection of Edinger Avenue and Gothard Street, thence easterly 675 .00 feet, . more or less along the centerline of Edinger Avenue to its intersection with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 960 .00 feet along said right-of-way line to a point, thence westerly 675 .00 feet, more or less , along a line to its intersection with the centerline of Gothard Street, said intersection being distant northerly 960 .00 feet along said centerline from the point of begin- ning, thence southerly 960.00 feet along the centerline of Gothard Street to the point of beginning . (c ) Beginning at the centerline intersection of Beach Boulevard and Edinger Avenue, thence westerly 2691.00 feet, more or less , along the centerline of Edinger Avenue to its intersection with the east- erly line of the Southern Pacific Railroad right-of-way, thence northerly 1170.70 feet, more or less , along said line to its inter- section with the southerly line of the Southern California Edison Company right-of-way, thence easterly 1950.00 feet, more or less , along said southerly line to its intersection with the southwesterly line of the San Diego Freeway, thence southeasterly 632 .21 feet, more or less , along southwesterly line to an angle point, thence southeasterly 384 .00 feet, more or less , along the southwesterly right-of-way line of the San Diego Freeway to the angle point, thence southeasterly 240.00 feet, more or less , along the southwesterly right-of-way line of the San Diego Freeway and its southeasterly extension to its intersection with the centerline of Beach Boulevard , thence southerly 210 .00 feet, more or less along the centerline of Beach Boulevard to the point of beginning . (869, 1485, 1558-2/70) C . 8112 .2 BUILDING BUILDING F1 r-ca Xone No . 2 . All portlor);i of the City of.' litn)-f-,ington 1-Y) (H.: r 1) i..-/1:;Jof1 ') of-, the Ifuntinii-Lon 1-1'e-ach (4)(1c , a r i d t on which a u-se permitted in the commercial has been allowed by use permit or conditional exception pursuant to Division 9 of this code, and outside of Fire Zone No . 1, shall be designated, fixed and established as Fire Zone No . 2. EXCEPTION: Property located in a residential district on which a home occupation is allowed by use permit, shall be exempt from this section. (896, 1147, 1485) S . 8112 .3 Fire Zone No . 3 . All areas not included within Fire Zone No . 1 or Fire Zone No . 2 and lying within the City of Huntington Beach, California, shall be designated, fixed and established as Fire Zone No. 3 . (869) S . 8113 Repealed by ordinance No . 1626 - 2/71 S . 611 Repealed by Ordinance No . 1626 - 2/71 S . 811 . 1 Repealed by Ordinance No . 1626 - 2/71 S . 8115 Section 306(a) entitled, "Use or Occupancy" of the Uniform Building Code, Volume 1, 1970 edition, is hereby amended to read as follows: USE OR OCCUPANCY. No building or structure in Group A to H inclusive , shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor, as provided herein . S . 8115. 1 Change in Use . Changes in the character or use of a build- ing shall not be made except as specified in Section 502 of the Uniform Building Code , Volume 1, 1970 edition. S . 8115.2 Certificate Issued . After final inspection, when it is found that the building or strucutre complies with the pro- visions of all pertinent laws, codes , ordinances and any imposed con- ditions , the building official shall issue a certificate of occupancy which shall contain the following: (a) The building permit number; b The address of the building; c The name and address of the owner- d A description of that portion of the building for which a certifi- cate is issued; (e ) A statement that the described portion of the building complies with the requirements of all codes for the group of occupancy is classified; and (f) The name of the building official. e . 8115 . 3 8115. 3 Section 306 (a) , entitled "Use or Occupancy" of the Uniform Building Code, . Volume 1, 1970 edition, is hereby amen-c e by adding thereto the following: CONDITIONAL CERTIFICATE. A cond.itional certificate of occupancy may be issued. by the _building official for the use of a por- tion or portions of a building or structure prior to the completion of the entire building or structure . Prior to issuing a conditional certificate of occupancy, the building official shall determine that the building or structure meets minimum requirements for the health, safety and welfare- of occupants and that the issuance of such certificate will not interfere with or hinder the completion of the building: (a) The expiration date; (b) A- list of items to be completed prior to acceptance of the build- ing or structure, and issuance of a final certificate of occupancy; and (c) A statement that a conditional certificate of occupancy is tempo- rary in nature and that it is issued with the understanding that continued occupancy of the building or structure is contingent upon the completion of listed items and issuance of a final certificate of occupancy for the entire building . S . 8115 .4 Repealed by Ordinance No . 1626 - 2/71 S . 8115 . 5 Posting. The certificate of occupancy, or conditional certificate of occupancy, shall be posted in a conspicuous place on the premises and shall not be removed except by the building official . S . 8115 .6 Penalty. It shall be unlawful for any person, firm or ' corporation to occupy, or permit to be occupied, any build- ing or structure, or maintain a building or structure which is occupied in the City of Huntington Beach, prior to the issuance of a certificate of occupancy, or conditional certificate of occupancy for such building or structure , or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expira- tion of the conditional certificate of occupancy. Any person, firm or corporation occupying or permitting the occupancy of any building or structure, or maintaining a building or structure which is being occupied in the City of Huntington Beach, prior to the issuance of a certificate of occupancy or conditional certificate of occupancy for such building or structure, or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy, shall be deemed guilty of a misdemeanor, and each such per- son, firm or corporation shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which such building or structure is occupied in violation of this code, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $300, or by imprisonment for not more than ninety (90) days , or by both such fine and imprisonment . (1484) 0 S . 8115.7 BUILDING BUILDING S . 8115.7 Severability. If any article, section, subdivision," sentence, clause , phrase, or portion of this chapter, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision s.hall not affect the validity of the remaining portions of this chapter or its application to other ,,persons . The City Council hereby declares that it would have adopted this chapter and each article, section, sub- division, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one onmore articles , sections, subdivisions, sentences, clauses , phrases , or por- tions or the application thereof to any person, be declared invalid or. unconstitutional. (1626-2/71) ` . FULL CODE HUNT INGTOI =�EACII ORDINANCE CODE CIIANA (Effective 3/19/71) `r PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapters-Articles Chapters-Articles Chapters-Articles Chapters-Articles S . 5311 . S . 5311 --- s • 5350 S . 7611 S . 7611 s . 8111 s . 8111 s . 8111.3 S . 8111.3 s . 8114 s . 8115.3 s . 8115.5 --- s . 8121 s . 8121 s . 8141 s . 8141 s . 8143 .7 s . 8143 .7 s . 8191 s . 8191 s . 8311 s . 8311 s . 8411 s . 8411 s . 8413 . 1 s . 8414 s . 8413 .4 --- s . 8413. 11 --- CONTENTS CHAPTERS - ARTICLES DIVISION 5 - WELFARE CHAPTER 51 - LIBRARY Article 510. General 511. Library Board. 512. Meetings 513 . Powers of Board. 514. Fiscal Matters CHAPTER 52 - RECREATION & PARKS Article 521. Recreation & Parks Department 522. Director of Recreation & Parks 523. Fiscal Matters 524. Recreation & Parks Commission CHAPTER 53 - MORALS Article 531. Gambling 532 . Pin Ball Machines 533 • Pool. and Billiard Halls 534. Fortune Telling - Prohibited 535. Indecent. Exposure of Topless & Bottomless ' . Waitresses & Performers CHAPTER 54 - MINORS Article 541. Curfew CHAPTER 55 - NUISANCES Article 551. Weeds 552. Oil Waste 553 . Solicitors , Peddlers, and Transient Vendors 554. Noises 55. Standing Water - Fencing 556 . Inoperable Vehicles 557. Motorcycles and Motor-Driven Cycles a t CONTENTS CHAPTER - ARTICLES CHAPTER 78 - PUBLIC BUILDINGS Article 781. General Provisions 782. Regulations CHAPTER 79 - PARADES Article 790. General 791. Permit 792. Appeal 793. Penalty DIVISION 8 - BUILDING CHAPTER 81 - BUILDING Article 811. Building Code 812. Housing Code 813. Moving of Buildings 814. Swimming Pools 815. Masonry Walls 816. Driveways 817. Sun Decks and Windscreens 818. Trailer Parks 819. Dangerous Buildings CHAPTER 82 - NATIONAL ELECTRICAL CODE Article 821. Adoption of Code 822. Amendments CHAPTER 83 - UNIFORM MECHANICAL CODE Article 831. Adoption of the Uniform Mechanical Code (Uniform Building Code, Volume II, 1910 Edition) CHAPTER 84 - UNIFORM PLUMBING CODE Article 841. Adoption of the Uniform Plumbing Code, 1970 Ed.ition WELFARE MORALS S . 5311 CHAPTER 53 MORALS ARTICLE 531. GAMBLING 532. PIN BALL MACHINES 533 . POOL AND BILLIARD HALLS 534. FORTUNE TELLING - PROHIBITED 535. INDECENT EXPOSURE OF TOPLESS & BOTTOMLESS WAITRESSES & PERFORMERS ARTICLE 531 GAMBLING S . 5311 Keeping of Gambling Place . No person (either as princi- pal, agent, employee or otherwise) shall keep, conduct or maintain within this City any house, room, apartment or place used in whole or in part as a place where any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, is played, conducted, dealt or carried on, with cards , dice, .billiard balls-,pool balls , cues , or other devices , for money, checks , chips , credit or any other representative of value or for any merchandise or any other thing of value . (536) S . 5312 Permitting Gambling Games . No person (either as princi- pal, agent, employee , or otherwise) shall knowingly per- mit any house, room, apartment or place owned by him or under his charge or control, in this City, to be used in whole or in part for playing, conducting, dealing or carrying on therein any game not mentioned in Section 330 and 330a of the Penal Code of the State of California, with cards , dice, billiard balls , pool balls , cues or other devices , for money, checks , chips , credit or any other representative of value of for any merchandise or any other thing of value . (536) S . 5313 Betting on Games . No person shall play or bet at or against any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, which is played, conducted, dealt or carried on with cards , dice, billiard balls , pool balls , cues , or other devices , for money, checks , chips , credit or any other representative of value or for any merchandise or any other thing of value. (536) r S 5314 MORALS WELFARE I S . 5314 Definitions . As used in this Chapter "anything of value" means money, coin, currency, check, ship, allow- ance , token, credit, merchandise , property, or anything representative of value , and includes without limitation any payment for services or for the use of any premises , cards , chips , furniture , or other article . Also, as used in this Chapter, "anything of value" means any in- crease or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards per- mitted by Section 5315. Also, as used in this Chapter, "anything of value" means any rent, renumeration or compensation of any nature received by any person, firm, corporation, club, lodge, association or church for the use or occupancy of any premises where the major, primary or usual use of said premises if for the playing of card games permitted by Section 5315. (713) S . 5315 Card Games . Notwithstanding the provisions of Section 5311, 5312, and 5313 , any game played with cards , and not mentioned in S . 330 of the Penal Code of the State of California, shall not be prohibited unless in violation of one or more of the following sections of this article . (713) S . 5315. 1 Winnings . It is unlawful for any person, firm, corpora- tion, lodge, club, association, church, or any other group of persons to receive directly or indirectly anything of value from the playing or operation of any game of cards permitted by Section 5315, other than the actual winnings to which a person playing such a game in good faith for himself alone may be entitled as the result of such game . (713) S . 5315 . 2 Losses . It is unlawful for any person, firm, corpora- tion, lodge, club, association, church or any other group of persons to give anything of value for being permitted to participate in any game of cards permitted by Section 5315 other than to pay the actual losses sustained by such person playing such game in good faith for himself alone . (713) S . 5315.3 Betting. It is unlawful for any person, firm, corpora- tion, lodge, club, association, church or any other group of persons to bet or wager anything of value belonging to another person in any game of cards permitted by Section 5315. (713) S . 5315 .4 Hours . It is unlawful for any person, firm, corporation, lodge , club, association, church, or any other group of persons to play, participate in, or be present at any game of cards permitted by Section 5315, between the hours of 2 :00 A .M. and 6 :00 A .M. (713) WELFARE MORALS , S . 5350 ARTICLE 535 INDECENT EXPOSUliE OF TOPLE[13 WAITRESSES & PERFORMERS (ib35-2/71) S . 5350 LEGISLATIVE AUTHORIZATION. This ordinance is adopted pursu- ant . to Sections 31 .5 and 318.6 of the Penal Code . All words used in this ordinance which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective word used in the said Sections 318.5 and 318.6 of the Penal Code . S . 5351 DEFINITION. THEATER. As used in this ordinance and in Sections 31 .5 and 318.6 of the Penal Code, "theater" means a building, playhouse, room, hall or other place having .a permanent stage upon which movable scenery and. theatrical or vaudeville or similar performances are given, permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, whose primary function is to give such performances , and for which a city permit or license for a theater is in full force and effect . This definition does not supersede the provisions of Section 5350 of this code . S . 5352 PROHIBITION. BOTTOMLESS . Every person is guilty of a mis- demeanor . who: (a) Exposes his or her genitals , vulva, anus, public hair or cleft of the buttocks or employs any device or covering which is intended to simulate the genitals, vulva, anus, public hair or cleft of the buttocks while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or d.rink or both to any customer, or (b) Permits, procures or assists any person to so expose himself or herself, or to employ any such device . S . 5353 PROHIBITION. TOPLESS WAITRESSES AND PERFORMERS . Every female is guilty of a misdemeanor who while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer: (a) Exposes the nipple of either breast and/or that portion of either breast which contiguously surrounds the nipple and which is of a different natural pigmentation than the main portion of either breast . (b) Employs any device of covering, which is intended to simulate such portions of the breast, or (c) Wears any type of clothing so that any portion of such part of the breast may be observed . i S . 5354 MORALS WELFARE S . 5354 ACCESSORIES . Every person is guilty of a misdemeanor who permits, counsels , or assists any person to violate: any provision of this article . S . 5355 EXCEPTIONS . This ordinance does not apply to: (a) A theater, concert hall or similar establishment which is primarily devoted to theatrical performances . (b) Any act authorized or prohibited by any state statute . S . 5356 CONSTITUTIONALITY. If any provision or clause of this article or application thereof to any person or circum- stances is held invalid, such invalid.ity shall not affect other pro- visions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable . S . 5357 PENALTY. A violation of this article is punishable by a fine. not exceeding $500, or by imprisonment in the county jail for not exceeding six months or by both such fine and. imprisonment . i i i I i i I I i i I i I i PUBLIC PLACES - HARBORS S . 7611 ARTICLE 761 BOATING REGULATIONS S . 7611 SPEED LIMIT. No owner, operator or person in command of any vessel, except a police officer, fireman or lifeguard in the performance of his duty, shall operate any vessel or permit any vessel to be operated in any portion of any harbor at a rate of speed in excess of five (5) miles per hour, or in such manner or at any rate of speed which would endanger the safety of .persons or property. (1634-2/71) S . 7612 BOAT LAUNCHING AND HAULING. No person shall launch or re- move any vessel from the waters of a harbor over any public seawall, sidewalk, street or public property, except at locations where launching or removing vessels is conducted by a regular business which has been the necessary equipment to do such work, or in those areas designated by the Director and posted for such purpose . Any launching site so designated and posted may be regulated by resolution of the City Council as to hours of launching, size of vessels to be launched, types of vessels to be launched and the method and apparatus to be used in said launching. S . 7613 DAMAGE TO PROPERTY. No person shall willfully or negligently destroy, damage,7Histurb or deface or interfere with any buoy, float, life preserver, sign, navigational marking, mooring or similar property owned or used by the City of Huntington Beach or under . the jurisdiction of said city or any other governmental agency. S . 7614 LANDING OF AIRCRAFT. No person shall navigate on or land on or take off from the waters of a harbor with any aircraft . S . 7615 AIR PROPULSION ABOVE WATER PROHIBITED. No person shall operate on the waters of any harbor under the control of the City of Huntington Beach any vessel which is operated by mechanical air propulsion above the surface of the water. S . 7616 BULKHEAD LINES . Pierhead. and. bulkhead lines are hereby established for the Huntington Harbour area as said lines are shown or described in the records on file in the offices of the Director of Public Works and the City Clerk. (1634-2/71) S . 7617 MOORING OF VESSELS . No owner, operator or person in command of any vessel shall tie up or moor any vessel beyond the pierhead line, as established in Section 7602 .7, without a permit issued by the Director of Harbors and Beaches except to load to dis- charge passengers . (1634-2/71) S . 7618 PENALTY. Any person convicted of a violation of any pro- vision of this article , or any additions or amendments thereto, shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment. (1634-2/71) f S . 7619 HARBORS PUBLIC PLACES S . 7619 SEVERABILITY. If any section, subdivision, sentence, clause., . phrase, . or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections, subdivisions, sentences , clauses, phrases, or portions or the application thereof to any person, be declared invalid or unconstitutional. (1634-2/71) ARTICLE 762 SWIMMING REGULATIONS S . 7621 ACTIVITIES RESTRICTED IN PROTECTED SWIMMING AREAS . No person shall opera e, . drive, propel. or. permit to drift into said protected swimming area any vessel. S . 7622 DESIGNATION OF SWIMMING ZONES . The City Council, by resolu- ion, may designate zones in water areas contiguous or adjoining water frontage areas owned, leased or controlled by the City of Huntington Beach within which swimming is allowed . The limits of all swimming zones so designated shall be posted by appropriate signs or markings . S . 7623 DIVING OR JUMPING FROM PUBLIC PROPERTY. No person shall Five, jump or enter into the water from or immediately in front of any bridge, pier, wharf, dock, flat, bulkhead., seawall, groin, jetty, natural rock formations or any other place, or object not specifically designated for the purpose of diving, jumping or entering into said water. BUILDING BUILDING S . 8111 CIJAPTEIi 81 Li1J:1.1,1�1N(., ARTICLE 811. BUILDING CODE 812. HOUSING CODE 813. MOVING OF BUILDINGS 814. SWIMMING POOLS 815. MASONARY WALLS 816. DRIVEWAYS 817. SUN DECKS AND WINDSCREENS 818. TRAILER PARKS 819. DANGEROUS BUILDINGS ARTICLE 811 BUILDING CODE S . 8111 ADOPTION OF UNIFORM BUILDING CODE VOLUME I 1970 EDITION. ere . is hereby adopted .by the City Council of the City of Huntington Beach that certain code known as the Uniform Building Code, Volume I, 1970 edition, and the whole thereof, 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; providing for issuance of permits and collec- tion of fees therefor; declaring and establishing fire districts; pro- viding penalties for the violation thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT for the following articles and. sections: Article 813 8111.2 Article 815 8111. 3 Article 816 8111.4 Article 817 8112 Article 818 8112.1 8112.2 SECTIONS: 8112.3 8111.1 8115.6 of which code not less than three (3) copies have been and now are on file in the office of the City Clerk of the City of Huntington Beach and the same is hereby adopted and incorporated as fully as though set out at length herein, as provided by Section 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall °take effect and. the provisions thereof shall be con- trolling within the corporate limits of the City of Huntington Beach. (3755530, 5925 869, lo64, 1139, 13315 1626-2/71) 1 r , S S . 8111.1. BUILDING BUILDING S . 8111.1 Concrete Floors . Minimum Slab Thickness . Structural and Mix Design, (a) Except where otherwise permitted in this Section concrete slab- on-ground shall be nominal 4 inches or more in thickness with not less than 3-5/8 inches (actual) at any point and for all habitable spaces the following .shall be the minimum requirements - separation from each with approved vapor barrier (polyethelene minimum .006 or equal mils) and reinforced with minimum 6" x 6" - #10 x #10 welded wire fabric. (b) Structural slabs shall be of design thickness , but not less than 4 inches . (c) Where slabs-in-ground are placed in two operations (double slabs) minimum thickness of upper slab, 3 inches ; lower slab, 2 inches . (893) (d) Proportions of cement, fine and coarse aggregate and mixing water shall be selected to produce concrete of the required durability, workability and strength. Proportions shall follow the recom- mendations of the American Concrete Institute (ACI 613) . The mixture shall be such that the concrete willrwork readily into corners and angles of forms and around reinforcement without segregation of materials or accumulation of excess free water on ` the surface, (e) Concrete shall contain not less than 5 sacks of cement per cubic yard. (f) Quantity of mixing water -shall not exceed 72 gallons per sack of cement, including the free water contained in the aggregate . (g) Slump (1) Maximum Slump shall not exceed 4 inches for normal weight concrete or 3 inches for lightweight concrete except that a slump not to exceed 6 inches may be permitted provided segregation of aggregate particles does not occur. (2) Standard test ASTM C-143 shall be used to measure slump. (3) Concrete shall have a compressive strength, at 28 days , of at least the required design strength but not less than 2000 psi . (4) A copy of the Bill of Lading for all such materials must be made available to the Huntington Beach Building Depart- ment Inspectors upon request. (859, 1018) S . 8111. 2 Metal Base Screed. Metal base screed shall be installed prior to exterior plaster lath application on all residen- tial frame construction. (1063) BUILDING BUILDING S . 8111.3 S. 8111.3 Sections 17953, 17954, 17955, 17956 and 17957 of the State (1167) Health and Safety Code, shall govern in relation to housing . S . 8111.4 Under authority of Section 17957 California Health and Safety Code, the Building Department may waiver the require- ments for tests on individual lots as set forth in Section 17954 of the California Health and Safety Code, if as an alternative each and every dwelling within the subdivision is structurally designed. to withstand the most critical soil problem within that subdivision. ( 1167) S . 8112 That the entire City of Huntington Beach is hereby declared to be and is hereby established as a fire district, in accordance with the Uniform Building Code and said fire district shall be known and designated as Fire Zones 1, 2, and 3 and each such zone shall include such territory or portions of the City as designated in Sections 8112, 8112. 1, 8112 .2 and 8112 .3 of the Huntington Beach Ordi- nance Code and of the maps and records on file in the office of the Planning and Building Departments of the City, which maps and records are hereby ad.opted as Fire Zone Maps and. Records of the City of Huntington Beach for application of the regulations included in "The Uniform Building Code" of the Pacific Coast Builders conference as adopted by the City of Huntington Beach. (869) S . 8112. 1 Fire Zone No. 1. Those portions of the City of Huntington Beach described as follows shall be designated and established as Fire Zone No. 1: (a) That portion bounded on the east and southeast by the centerline of Lake Street, bounded on the southwest by the centerline of Pacific Coast Highway, bounded on the northwest by the centerline of Sixth Street, and bounded on the northeast by the centerline of Orange Avenue . (b) Beginning at the centerline intersection of Edinger Avenue and Gothard Street, thence easterly 675 .00 feet, more or less along the centerline of Edinger Avenue to its intersection with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 96.0.00 feet along said right-of-way line to a point, thence westerly 675.00 feet, more or less, along a, line to its intersection with the centerline of Gothard Street, said intersection being distant northerly 960.00 feet along said center- line from the point of beginning, thence southerly 960.00 feet along the centerline of Gothard Street to the point of beginning. r S . 8112.1 (c) BUILDING BUILDING (c) Beginning at the centerline intersection of Beach Boulevard and. Edinger Avenue, thence westerly 2691.00 feet, more or less, along the centerline of Edinger Avenue to its intersection with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 1170.70 feet, more or less, along said line to its inter- section with the southerly line of the Southern California Edison Company right-or-way, thence easterly 1950.00 feet, more or less, along said. southerly line to its intersection with the southwesterly line of the San Diego Freeway, thence southeasterly 632 .21 feet, more or less, along said southwesterly line to an angle point, thence southeasterly 384.00 feet, more or less , along the south- westerly right-of-way line of the San Diego Freeway to the angle point, thence southeasterly 240.00 feet, more or less, along the southwesterly right-of-way line of the San Diego Freeway and its southeasterly extension to its intersection with the centerline of Beach Boulevard, thence southerly 210.00 feet, more "or less along the centerline of Beach Boulevard -to the point of beginning. (869, 1485, 1558-3/70) S . 8112.2 Fire Zone No. 2. All portions of the City of Huntington Beach included within the commercial districts, as defined in Division 9 of the Huntington Beach Ordinance Code, and those prop- erties on which a use permitted in the commercial districts has been allowed by use permit or conditional exception pursuant to Division 9 of this code, and out of Fire Zone No . 1, shall be designated, fixed and established as Fire Zone No . 2 . EXCEPTION: Property located in a residential district on which a home occupation is allowed by use permit, shall be exempt from this section. (896, 1147, 1485) S . 8112.3 Fire Zone No . 3. All areas not included within Fire Zone No. 1 or Fire Zone No . 2 and lying within the City of Huntington Beach, California, shall be designated, fixed and established as Fire Zone No . 3. (869) S . 8113 Repealed by Ordinance No . 1626 - 2/71 S . 811 Repealed by Ordinance No . 1626 - 2/71 S . 611 .1 Repealed by Ordinance No . 1626 - 2/71 S . 115 Repealed by Ordinance No . 1626 - 2/71 S . 8115. 1 Repealed by Ordinance No . 1626 - 2/71 S . 115.2 Repealed by Ordinance No . 1626 - 2/71 BUILDING BUILDING S . 8115. 3 S . 8115.3 Section 306 (a) , entitled '"Use or Occupancy" of the Uniform Buildin Code , Volurr►e 1, 1.970 edition, is hereby amen ed tjy adding thcre% o the, o._lowint,: CONDITIONAL CERTIFICATE . A conditional certificate of occupancy may be - issued by the .building official for the use of a por- tion or portions of a building or structure prior to the completion of ,the entire building or structure . Prior to issuing a conditional .certificate of occupancy, the building official shall determine that the building or structure meets minimum requirements for the health, safety and welfare of occupants and. that the issuance of such certificate will not interfere with or hinder the completion of the building. CONDITIONAL CERTIFICATE . CONTENTS OF. A conditional certificate of occupancy shall . contain the following: (a) The expiration date; (b) A list of items to be completed prior to acceptance of the build- ing or structure, and issuance of a final certificate of occupancy; and (c) A statement that a conditional certificate of occupancy is tempo- rary in nature and that it is issued with the understanding that continued occupancy of the building or structure is contingent upon the completion of listed items and issuance of a final certificate of occupancy for the entire building. S . 8115.4 Repealed by Ordinance 1626 - 2/71 S . 15.5 Repealed by Ordinance 1626 - 2/71. S . 8115.6 Penalty. It shall be unlawful for any person, firm or corporation to occupy, or permit to be occupied, any build- ing or structure, or maintain a building or structure which is occupied in the City of Huntington Beach, prior to the issuance of a certificate of occupancy, or conditional certificate of occupancy for such building or structure, or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expira- tion of the conditional certificate of occupancy. Any person, firm or corporation occupying or permitting the occupancy of any building or structure, or maintaining a building or structure which is being occupied in the City of Huntington Beach, prior to the issuance of a certificate of occupancy or conditional certificate of occupancy for such building or structure, or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy, shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and. every day, or portion thereof, during which such building or structure is occupied. in violation of this code, and upon conviction of any such violation, such person shall be punish- able by a fine of not more than $300, or by imprisonment for not more than ninety (90) days , or by both such fine and. imprisonment . (1484) S . 8115.7 BUILDING BUILDING S . 8115.7 Severability. If any article, section, subdivision, sentence, clause, phrase, or portion of this chapter, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons . The City Council hereby declares that it would have adopted this chapter and each article, section, sub- division, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more articles, sections, subdivisions, sentences, clauses , phrases, or por- tions or the application thereof to any person, be declared invalid or unconstitutional. (1626-2/71) BUILDING BUILDING S . 8121 ARTICLE 81.2 11O1J,i:I:N(1 (:0DN' S . 8121 ADOPTION OF HOUSING CODE . There is hereby adopted by the City Council. of the City of. Huntington Beach by reference that certain code known as the Housing Code, being Volume III of the Uniform Building Code, 1967 edition, and the whole thereof. . The purpose of such code is to arrest, remedy and prevent the decay and deteriora- tion 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 of Huntington Beach; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for the .viola- tion thereof, of which code not less than three (3) copies have been and now are on file in the office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and incorporated 'as fully as though set out at length herein. (1424) S . 8121 ADOPTION OF HOUSING CODE. There is hereby adopted by `the City Council of the City of Huntington Beach by reference that certain code known as the Housing Code, being Volume III of the Uniform Building Code, 1970 edition, an he whole thereof. The purpose of such code is arrest, remedy and prevent the decay and. deterioration of places of habitation and to eliminate slums and blighted neighbor- hoods 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 of Huntington Beach; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for the viola- tion thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT for the following sections: 8122 8122.4 8122. 1 8122 .5 8122.2 8122.6 8122.3 of which code not less than three (3) copies have been and now are on file in the office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and. incorporated as fully as though set out at length herein, .as provided by Section 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall take effect and the provisions thereof shall be con- trolling within the corporate limits of the City of Huntington Beach. (14245 1627-2/71) S . 8122 BUILDING BUILDING S . 8122 FLOOR SPACE . (1443) S . 8122.1 Construction Restricted . It is unlawful to build or con- struct any building for human habitation within this city containing less than the minimum area of floor space as herein provided . S . 8122.2 Moved Buildings . "Build. or construct" includes any build- ing constructed elsewhere and moved to this city. S . 8122 .3 Minimum Floor Space . The minimum floor space area for any building cons ructed or used for human habitation shall be as follows: S . 8122 .4 Single-Family Dwelling. Not less than four hundred (400) square feet . S . 8122.5 Duplex or Two-Family Dwelling. Not less than 720 square feet . S . 8122.6 Multiple-Family Dwelling. Not less than 240 square feet for each separate apartment . S . 8122.7 Penalty. Any person convicted. of a violation of any pro- vision of this article, or any additions or amendments thereto, shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment. (1627-2/71) S . 8122.8 Severability. If any section, subdivision, sentence, clause, phrase, or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each sections , subdivision, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections , subdivisions, sentences, clauses, phrases, or portions or the application thereof to any person, be declared invalid or unconstitutional. (1627-2/71) BUILDING SWIMMING POOT"S I-;L ARTICLE 814 UNIFORM SWIiIMING POOL CODE S . 8141 ADOPTION OF UNIFORM SWIMMING POOL CODE, 1970 EDITION. There is hereby adopted by the City Council of the City. of Huntington Beach, for the purpose of protecting public health, welfare and safety, by prescribing minimum standards for the design, construction or installation, repair or alteration of swimming pools , public or private, and equipment related thereto; requiring the issuance of per- mits and inspections therefor; providing for the administration and enforcement of the standards set forth therein; and prescribing penalties for violations thereof, that certain code known as the Uniform Swimming Pool Code, 1970 edition, compiled by the International Association of Plumbing and Mechanical Officials, and repealing all ordinances and. parts of ordinances in conflict therewith EXCEPT the following sections: 8142 8143 .4 8142 .1 8143.5 8142.2 8143.6 8143. 1 8143 .8 8143.2 8144 8143 .3 8145 of which cod.e not less than three (3) copies have been and are now filed in the office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and. incorporated as fully as though set forth at length herein, as provided by Section 50022.2 et seq. of the Govern- ment Code of the State of California, and. from the date of this ordinance. shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (1519, 1631-2/71) S . 8142 AMENDMENTS . The Uniform Swimming Pool Code, 1970 edition, is hereby amended and. changed in the following respects: S . 8142. 1 Section 1.0 is hereby amended to read as follows: ADMINISTRATIVE AUTHORITY shall mean the Build.ing and Safety Director of t he . City of .Huntington. Beach. ' S . 8142 .2 Section 1. 1 is hereby amended. to read. as follows: DEPARTMENT HAVING JURISDICTION shall mean the Department of Building and -Safety. S . 8142.3 Section 1.5 of the Uniform Swimming Pool Code is amended by adding thereto subsection Tc -to read as follows: (c) Said. permit shall be based on Seven Dollars ($7) valuation per square foot, and the amount of said permit shall be determined by the total valuation as per Table 3A of the Uniform Build.ing Code, Volume I, 1970 edition. S . 8143 SWIMMING POOLS BUILDING S . 8143 ADDITIONS. The Uniform Swimming Pool Code, 1970 edition, is -hereby amended by adding the following sections: e , S . 8143.1 Section 1.7.1 is hereby add.ed to read as follows: 1.7. 1. CASH BOND. All applications for swimming pool building per- mits shall be accompanied. by a cash bond in the amount of Three Hundred Dollars ($300) . This bond shall be retained by the City until all con- struction materials have been removed from city streets and all repairs have been made to curbs, walls, sidewalks, streets and other public property damaged by applicant, or as a result of the construction or repair of the swimming pool or any part thereof. In the event applicant does not remove said materials and make said repairs to the satisfaction of the building inspector, the full amount of the bond shall be forth- wish and summarily forfeited . Upon the final inspection, and approval by the Administrative Authority, the bond shall be returned to the applicant, unless such bond has been forfeited as provided herein. S . 8143.2 Section 1.7.2 is hereby ad.d.ed to read as follows: 1.7.2. FENCING REQUIREMENTS . All plans submitted to the Administrative Authority for swimming pools to be constructed. shall show compliance with the fencing requirements of this code, and. final inspection and. approval of all pools hereafter constructed shall be withheld until all such fencing requirements have been complied with. The fencing requirements of this code shall not apply to public swimming pools for which a charge or admission price is required to be paid for the use thereof. S . 8143 .3 Section 1.15 is hereby added to read as follows: 1.15. RECEPTOR BACKWASH. A receptor-backwash line is not required, but in the event a receptor-backwash line is installed, the line must meet the requirements of the latest edition of the Uniform Plumbing Code and. have an approved. type of "P" trap. S . 8143 .4 Section 1.16 is hereby ad.d.ed to read as, follows: 1. 16. SLAB. Pool equipment shall be installed on a slab four (4) inches above ground level. S . 8143.5 Section 1. 17 is hereby added to read as follows: 1.17. HOSE BIBBS . All hose bibbs within fifty (50) feet of the pool must be protected. with anti-syphon devices . _ S . 8143 .6 Section 215 is hereby added to read as follows: 215. MAINTENANCE . After completion of the pool, the owner must keep the pool filtered and clean and in a sanitary condition at all times . BUILDING - SWIMMING'`POOLS S . 8143.7 S . 8143.7 Section 216 is hereby added to read. as follows o . 216.. Fencin Every person in possession or control of land. within the c it� `'`�T y, ei , her-..as owner, purchaser under contract, lessee, tenant or licensee, upon'-which is situatedo'a swimming pool, shall at all times maintain, on the'."],ot or premise,s' upon which such pool is located and completely surrounding such pool,- lot or premises, a substantial fence or wall not lower in height than five (5) feet, measured from ground level on the exterior side of it e fence or wall, including gates, with no holes , gaps ox _.openings ,;arger than four (4) inches in any horizontal dimensions; prov'id.e d, that if the fence is designed with over two (2) inch horizontal °openings between vertical risers , no horizontal member shall be installed. that. will afford a means of climbing such fence, wall or gates . These'..horizontal mpmbers must be located at or near the top and bottom of the fence or. wg4 to provide the maximum amount of vertical clearance A dwel�ipg hquse or appurtenant structure may-be used- as a part of such enclosure,:' Gates or doors shall be provided with self-latches and self- closing devices capable of keeping such gates or doors securely, latched and. closed at all times . Such d.evices shall be located not less than five (5) feet above exterior grade of such doors . This section includes walk-through garage doors . This section is not designed to prevent the use of other pro- tective devices, subject to approval of the Administrative Authority, provided the degree of protection is not reduced from that given above . S . 8143.8 Section 217 is hereby added. to read as follows: 217 Soil Conditions.. All areas in Huntington Beach are considered expansive so " areas unless otherwise specified by an engineer's report . Pool decking design must be as shown on plans for expansive soil. Expansion Joint. Separate between pool coping and. decking must_ be� provided. and. seal joint with approved compound . A nonsetting mastic, rubber or similar compound is- necessary. Cantilevered Decks . All cantilevered decks must have a nonsetting^. mastic, rubber or similar compound between top portion of tile and und.ersid.e of cantilevered decks . All cantilevered. decks must have a strip of mastic on top of the bond. beam, between the bond. beam and deck, before the deck is poured, unless - preparations are made for the steel to extend from the bond. beam into the deck, S . 8144 SWIMMING POOLS BUILDING S . 8144 PENALTY. It shall be unlawful for any person to construct, install, repair or alter swimming pools, public or private , and equipment related thereto contrary to or in violation of any of the provisions of this code . Any person, firm or corporation violating the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars �$500) or by imprisonment in jail for a period not exceeding six ( ) months, or by both such fine and imprison- ment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of the provisions of this code is committed, continued or permitted. by such person, firm or corporation, and shall be punishable . therefor as herein provided . S . 8145 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this code is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of this code . The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses , phrases or portions be declared invalid or unconstitutional. BUILDING BUILDING S . 8191 ARTICLE 819 DANGEROUS BUILDINGS S . 8191 ADOPTION OF UNIFORM BUILDING CODE 1970 EDITION VOLUME IV RELATING TO DANGER0 S BUILDINGS . There is .hereby adopted by the City Council of the City of Hunt ngton Beach that certain code known as the Uniform Building Code, Volume IV, 1970 edition, and the whole thereof, for e 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, Volume I, 1970 edition, of Uniform Building Code, Volume III, ousing, 1970 edition, or other- wise 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 viola tion thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT Section 8191. 1 thereof, of which code not less than three (3) copies have been and now are on file in the office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and. incorporated as fully as though set out at length herein, as provided by Section 50022.2 et seq. of the Government Code of the State of California, and. from the date of this ordinance shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (1332, 1629-2/71) S . 8191. 1 Penalty. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code . Any person, firm, or corporation violating any of the provisions of this Code, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punish- able by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (1332) S . 8191 . 2 BUILDING BUILDING S . 8191.2 Severability. If any section, subdivision, sentence, clause, phrase, or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisd.iction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections, subdivision, sentences , clauses, phrases, or portions or the application thereof to any person, be declared. invalid or unconstitutional. (1629-2/71) BUILDING UNIFORM MECHANICAL CODE - S . 8311 CHAPTER 83 UNIFORM MECHANICAL CODE Article 831. Adoption of the Uniform Mechanical Code (Uniform Building Code, Volume II, 1970 Edition) ARTICLE 831 ADOPTION OF THE UNIFORM MECHANICAL CODE UNIFORM. BUILDING CODE _VOL. II. 1970..EDITION . . (140b, lb2b-2/70 S . 8311 ADOPTION OF THE UNIFORM MECHANICAL CODE UNIFORM BUILDING CODE VOLUME II 1970 EDITION) . There is hereby adopted by the City Council of the City of Hunting on Beach for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of heating, ventilating, comfort- cooling equipment and refrigeration systems, and requiring a permit and inspection for the installation, alteration and replacement of said equipment, providing for the administration and enforcement of such requirements and prescribing penalties for violations thereof, the Uniform Mechanical Code, being Volume II of the Uniform Building Code, 1970 edition, compiled by the International Association of Plumbing and Mechanical Officials and International Conference of Building Officials , and repealing all ordinances and parts of ordinances in conflict there- with EXCEPT Sections 8313 and. 8314 thereof, by reference, of which code not less than three (3) copies have been and now are filed in the office of the City Clerk of the City of Huntington Beach, and. the same and the whole thereof, including the appendix of the' Uniform Mechanical Code standards and fees specified therein, is hereby adopted. and incorporated as fully as though set out at length herein, as provided by Section 50022.2 et seq. of the Government Code of the State of California., and from the date of this ordinance shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. S . 8312 PERMIT FEES . Section 304 of the Uniform Mechanical Code, 1970 edi ion, is hereby amended by adding thereto the follow- ing words and figures: NEW CONSTRUCTION, RESIDENTIAL, SINGLE OF MULTI-FAMILY. Every applicant for a permit to install, add. to, alter, relocate ._or. rep,lace a hearing system, appliances , comfort-cooling system or any part thereof, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required . Such applicant shall pay for each permit, at the time of insurance, a fee in accordance with the above schedule , and at the rate provided for each classification shown therein. S . 8312 _ UNIFORM MECHANICAL CODE BUILDING Fees for new construction, residential, single or multi-family, including all heating and comfort-cooling installations, shall be determined by applying the following formula to the square footage of the area. FORMULA: one-half cent (0) per square foot of dwelling area -plus $3 for each permit. Where duct work is being done under s31) arate contract then the permit fee for duct work shall be One Dollar for residential unit plus Three Dollars ($3) for each permit . I Fees for special inspection or investigation to determine code compliance on any items in the above schedule shall be charged per hour, or fraction thereof, at the rate of Five Dollars ($5) per hour. The fees for any installation for which a permit is required but for which no fee is herein provided, shall be based on the valuation of the proposed work and shall be as stated in Table 3A of the Uniform Building Code, 1970 edition, as amended . The fee for plan checking shall be one-fourth (,-�) of total hearing and comfort-cooling permit and. shall be paid at the time the plans are submitted to the Building Official. Any person who shall commence any warm-air heating, ventilation, comfort-cooling work or refrigeration for which a permit is required by this code without first having obtained a permit therefor, if sub- sequently permitted to obtain a permit, shall pay double the permit fee fixed by this section for such work, with an additional charge of Ten Dollars ($10) . Provided., however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and. that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases , a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, shall pay a double fee as herein pro- vided. with an additional charge of Ten Dollars ($10) . REFUND OF FEES . When construction authorized by a permit is not begun and no inspections have been made, the Director of Building and Safety shall, upon written request from the permittee, make refund of fees subject to the following limitations: No refund of fees shall be made of the basic permit fee cost of Three Dollars ($3) . . No refund of fees or any part thereof shall be made unless application for refund shall be made within 120 days from the date of issuance of such permit . BUILDING UNIFORM PLUMBING CODE S . 8411 CHAPTER 84 11NIFORM PLUMBING CODE Article 841. Adoption of -the Uniform Plumbing; Code 1970 Edition ARTICLE 841 ADOPTION OF THE UNIFORM PLUMBING CODE 1970 EDITION (1409, 1 30-2 7i S . 8411 ADOPTION OF THE UNIFORM PLUMBING CODE, 1970 EDITION. The City of Huntington .Beach does . hereby adopt and incorporate that certain code known as the Uniform Plumbing Code, compiled by the International Association of Plumbing and Mechan-i-c-a-I Officials, being particularly the 1970 edition thereof, and the whole thereof including the appendices thereto, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT the following sections: 8412 8412 . 3 8412. 1 8414 8412.2 8415 of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Huntington Beach. Such code, and amendments thereto, is hereby adopted and incorporated as fully as though set out at length herein for the purpose of prescribing regulations governing installation and maintenance of plumbing and drainage systems , and the qualifications and registration of persons engaged in the plumbing business . From the date on which this ordinance takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. S . 8412 DEFINITIONS . As used in this chapter, the following words and phrases, unless otherwise indicated from the context, shall have the following meanings . S . 8412.1 Administrative Authority shall mean the Director of Building and Safety or his authorized representative . S . 8412.2 Assistants shall mean the deputy inspector. S . 8412.3 Department Having Jurisdiction shall mean, unless otherwise provided by law, the Depar ment of Building and Safety. S . 8413 AMENDMENTS . The Uniform Plumbing Code, 1970 edition, is hereby amended and changed in the following respects: S . 8413. 1 UNIFORM PLUMBING CODE BUILDING S . 8413 . 1 Fees . Section 1. 12 is hereby amended -by addinf; thereto the following paragraphs: 1. 12. Applicant shall pay for each permit, at the time of issuance, one cent (10) per square foot of total dwelling and garage area plus the applicable fees in the following schedule, and at the rate provided for each classification shown therein: SCHEDULE OF FEES Forissuing each permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 In addition For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 For each building sewer and each trailer park sewer. . . . . . . 5 .00 Rainwater systems - per drain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 .00 Foreach cesspool. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 .00 For each private sewage disposal system. . . . . . . . . . . . . . . . . . . 10.00 For each water heater and/or vent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 For each gas piping system on one to five (5) outlets . 1.50 For each gas piping system of six �1� 6 or more , per outlet. . 30 For each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen grease interceptors functioning as fixture traps . . . . . . . . . 1.00 For installation, alteration or repair of water piping and/or water-treating equipment . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 For repair or alteration of drainage or vent piping . . . . . . . 1.50 For each lawn sprinkler system or any one meter including backflow protection devices therefor. . . . . . . . . . . . . . . . . . . . . 2.00 For vacuum breakers or backflow protective devices on tanks, vats, etc . or for installation on unprotected. plumbing fixtures including necessary water piping - one (1) to five (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 Overfive �5) , each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Gas meter for each separately metered unit) . . . . . . . . . . . . . . 1.00 Fees listed herein for residential construction include all plumbing installations inside the structure . The fee for any plumb- ing installation for which a permit is required but for which no fees are specified herein shall be based on the value of the proposed work and shall be as provided in Table 3A, Uniform Building Code, 1970 edition, as amended.. The plan-checking fee shall be equal to one-fourth (4) of the total plumbing permit fee and shall be paid to the Administrative Authority at the time of submitting plans and specifications for checking. REFUND OF FEES . When construction authorized by a permit is not begun and no inspections have been made, the Director of Build.ing and. Safety shall, upon written request from the permittee, make refund of fees subject to the following limitations: BUILDING UNIFORM PLUMBING CODE S . 8414 No refund of fees shall be made of the basic permit fee cost of Two Dollars ($2) . No refund of fees or any part thereof shall be made unless applica- tion for refund shall be made within 120 days from date of issuance of such permit. S . 8414 PENALTY. It shall be unlawful for any person to install, enlarge, alter, reconstruct, equip, repair, use or maintain any plumbing or drainage system in the city or cause same to be done contrary to or in violation of any of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Six Hundred Dollars or by imprisonment_ in the county jail for a period of not more than one year, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted by such persons, firm or corporation and shall be punishable therefor as herein provided . S . 8415 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be un- constitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted and passed this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any or more sections , sentences , clauses or phrases by declared unconstitutional or void . FULL . CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated. 2/9/71) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE Chapters-Articles Chapters-Articles Correction S . 2114.2.6 S . 2114.2.6 Correction S . 7341 S . 7341 3/4/71 S . 7531 S . 7531 2/18/71 CONTENTS CHAPTER - ARTICLES CHAPTER 78 - PUBLIC BUILDINGS Article 781. General Provisions 782. Regulations CHAPTER 79 - PARADES Article 790. General 791. Permit 792. Appeal 793• Penalty DIVISION 8 - BUILDING CHAPTER 81 - BUILDING Article 811. Building Code 812. Housing Code 813 . Moving of Buildings 814. Swimming Pools 815 . Masonry Walls 816. Driveways 817. Sun Decks and Windscreens 818 . Trailer Parks 819. Dangerous Buildings CHAPTER 82 - NATIONAL ELECTRICAL CODE Article 821. Adoption of Code 822. Amendments CHAPTER 83 - UNIFORM MECHANICAL CODE Article 831. Adoption of the Uniform Mechanical Code (Uniform Building Code, Volume II, 1967 Edition) CHAPTER 84 - UNIFORM PLUMBING CODE Article 841. Adoption of the Uniform Plumbing Code, 1967 Edition BUSINESS BUSINESS LICENSE S . 2114.2.6 S . 2114.2.6 Circus . With seating capacity under 4,000 - first day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 .00 D Each additional day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00 D With seating capacity over4,000 first day. . . . . . . . . . . . . . . . . . . 300.00 D Each additional day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00 D For every sideshow in conjunction with a circus . . . . . . . . . . . . . . 15.00 D For ever concession in conjunction with a circus . . . . . . . . . . . . 7.50 D (766, goo, 16o4-9/7o) S . 2114.2.7 Contractors . Every person engaging in business in this city as a contractor, as defined in subsections (f) , (g) and (h) of Section 2111.7 of this chapter, 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 2114. 1 of this chapter, shall pay a license fee as indicated herein: General engineering and/or general building contractor. . . . . . . 105.00 A S ecialty, subcontractor, or other. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 52.50 A ( 38, goo, 16o4-9/70) S . 2114.2.8 Dancing Teacher. Every person enegaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing isgiven. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30.00 A (1604-9/70) S . 2114.2.10 House Moving. House moving or wrecking of buildings and or structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75.00 A (766, 904, 1604-9/70) S . 2114.2.11 House Moving Bond . Every person desiring to engage in he business ess of Rousemoving or wrecking of buildings and/or structures , shall before receiving a license for said business execute and. deliver to the City Clerk the bond required by Section 2112.2.3 and 2112.2.4 in the sum of $5,000.00. (766, 904) S . 2114.2.12 Junk Collector. For every person conducting managing or carrying on the business of junk collector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 150.00 A or, at the option of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 D (For the purpose of this subsection, a junk collector is defined to be 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, 9045 1604-9/70) S . 2114.2. 13 Junk Dealer and. Auto Wrecking . For every person conduc ing, managing or carrying on the business of junk dealer or auto wrecker. . . . . . . . . . . . . . . . : .$150.00 A (For the purpose of this section an auto wrecker is defined to be and construed to mean and include any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or dis- assembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles . ) (766, 9o4, 1604-9/70) S . 2114.2. 14 BUSINESS LICENSE BUSINESS S . 2114.2 . 14 Music or Fine Arts Teacher. . Every person engaged n the profession o : tent ink; music , dramatIc;:s , art; , designing, drossmak.ing, mechanics , or any other t;radc, or find art who has no regularly established place of business where such teaching is carried on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37 .50 A (766, 904, 1604-9/70) S . 2114.2. 15 Office Building. For every person conducting, managing, or carrying on the business of operating an office building, for each office therein. . . . . . . . . . . . . . . . . . . .$ 3.00 A (1604-9/70) S . 2114.2. 16 Outdoor Theaters . For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited: Number of Stalls Fee Per Annum First 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 All over 500. . . . . . . . . . . . . . . . . . (per stall) . . . . . . .45 A separate license shall be obtained for snack bars, food stands and other concessions . (766, 904, 1604-9/70) S . 2114.2. 17 Pawnbroker. For the purpose of this section the term pawnb roker" shall include every person con- ducting, managing, or carrying on the business of loaning 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 loaning 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 . . . . . . . (766, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$450.00 A 904, 1604-9/70) S . 2114.2.18 Peddler. Peddlers of flags , banners, balloons cones, horns , kites , noise-making instruments , toys , notions, souvenirs , or similar goods or novelties of any description other than from a stand, tent, wagon or other c vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7 .50 D Byvehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 60.00 A Peddlers of any article or commodity not mentioned in this section, including every person, firm, or corporation con- ducting 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 thiscity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 D 60.00 A PUBLIC PLACES OBSTRUCTING PEDESTRIAN PASSAGE S . 7341 ARTICLE 734 OBSTRUCTING PEDESTRIAN PASSAGE (1516, 1 25-2 7 S . 7341 OBSTRUCTION OF PEDESTRIAN TRAFFIC BY HUMAN BEINGS . No person, after .first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this article, shall loiter, stand, sit or lie in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkways area, mall, or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians thereon; nor shall any person block or obstruct, or prevent the free access to the entrance to any building open to the public . S . 7341. 1 OBSTRUCTION OF PEDESTRIAN TRAFFIC BY ANIMALS OR VEHICLES. No person, after Tirst .being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with the provisions of this article, shall ride, operate, walk or park any motorcycle, bicycle, horse, or other similar object or animal, in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall, or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians thereon, or to create any hazardous condition thereon. (1625-2/71) S . 7341.2 Signs . Signs posted as provided in this article shall con- form to the following requirements: (1625-2/71) (a) Each sign shall be not less than 22" by 3011 . (b) Colors of such signs shall be optional. (c) All signs shall be clearly visible to persons in restricted locations . (d ) Signs shall have the word "WARNING" two (2) inches in height, and all other lettering shall be at . least 5/8 inches in height . (e) Signs shall be posted every one hundred (100) feet. (f) The following wording shall appear on each sign: "WARNING Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, lying or by riding, operating, walking or parking any motorcycle, bicycle, horse or similar objects or animals is prohibited and punishable as a misdemeanor. Huntington Beach Ordinance Code Article 734 Huntington Beach Police Department 536-5311. " S . '7342 OBSTRUCTING PEDESTRIAN PASSAG.I..; PUBLiC S . 7342 PENALTY. Any person convicted of a violation of any pro- vision of this article, or any additions or amendments thereto, shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment. S . 7343 SEVERABILITY. If any section, subdivision, sentence, clause, phrase , or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for arjy reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence, clause, phrase or portion, and any. additions or amendments thereto, irrespective of the fact that any one or more sections , subdivisions , sentences, clauses , phrases , or portions or the application thereof to any person, be declared invalid or unconstitutional. I I i I PUBLIC PLACES BEACH & PIER S . 7531 ARTICLE 753 BEACH PARKING LOT REGULATIONS 3 S • 7531 PARKING REGULATIONS . The following regulations will apply o parking in any. of the city-owned beach parking lots: " S . 7531. 1 Parking is allowed within designated spaces only. S . 7531.2 Parking Lot hours: 8: 00 A.M. to 12 Midnight. S . 7531.2. 1 There shall be no overnight parking. S . 7531.2.2 Any deviation from this will be by permission of the Director of Harbors and Beaches . S • 7531.3 No loitering or obstructing for flow of traffic will be allowed in the parking lot by any person or persons . S . 7531.4 No vehicle shall obstruct any entrance in the parking lot. S . 7531.5 No trailers or similar vehicles will be allowed in the parking lot, from June 15th to September 15th of each year. S . 7531.6 Fees: Fees for parking shall be established by Resolution off"-Ehe City Council. (1404) S . 7531.7 Any vehicle leaving the parking lot and returning will be required to pay on re-entering. S . 7531.8 Number of Parking permits per concession owner will be determined by the Director of Harbors and. Beaches . R FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 1/15/71) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE Chapters-Articles Chapters Articles 1/21/71 S . 3111 S . 3111 1/21/71 S . 3125.1 S . 3120 1/21/71 -- S . 3124 1/21/71 S . 3134.8 S . 3131 1/21/71 S . 3210 S . 3210 1/21/71 -- S . 3220 1/21/71 S . 3234. 1 S . 3230 1/21/71 -- S . 3240 1/21/71 S . 3250 (Removed by Ord . 1618) -- 1/1/71 S . 3262 S . 326o 1/21/71 DM-2 DM 2 11/19/70 DM 3 DM 3 11/19/70 DM 4 DM 4 11/19/70 DM 7 DM 7 1/7/71 DM 10 DM 10 11/19/70. DM 12 DM 12 11/19/70 DM 13 DM 13 11/19/70 DM 16 DM 16 11/19/70 DM 22 DM 22 11/19/70 DM 25 DM 25 1/7/71 DM 26 DM 26 12/16/70 DM 31 DM 31 11/6/70 DM 32 DM 32 12/16/70 DM 38 DM 38 11/19/70 DM 39 DM 39 11/19/70 DM 4o DM 4o 11/19/70 z CONTENTS CHAPTERS - ARTICLES DIVISION 3 - HEALTH CHAPTER 31 - SANITATION Article 311. Trash 312. Fly Control and. Abatement 313 . Dust & Industrial Waste 314. Waste .Water 315. Water Pollution Regulations CHAPTER 32 - REFUSE DISPOSAL Article 321. General 322 . Definitions 323 . Collection Vehicle & Refuse Containers 324. Refuse Collection 326. Certificate of Public Need & Necessity CHAPTER 33 - FOOD Article 331. Food Establishments 332. Lunch Wagons CHAPTER 34 - WATER DEPARTMENT Article 341. Creation of Water Department 342. Service Connections 343• Fees , Rates and Deposits 344. Regulations Apply to Use of Water 345. Extension of Water Mains CHAPTER 35 - SANITATION DEPARTMENT Article 351. Creation of Sanitation Department 352 . Sewer Connections 353 • Fees and Deposits 354. Extension of Sewer Mains CHAPTER 36 - MISCELLANEOUS Article 360. Mobile X-Ray Units t HEALTH SANITATION S . 3111 CHAPTER 31 SANITATION ARTICLE 311. TRASH 312 . FLY CONTROL & ABATEMENT 313 . DUST & INDUSTRIAL. WASTE 314. WASTE WATER 315. WATER POLLUTION REGULATIONS ARTICLE 311 TRASH S . 3111 LEAVING TRASH IN PUBLIC PLACES. No person shall deposit, sweep, throw., discard- or leave, or cause to be deposited, swept, placed, thrown, discarded or left upon any public street, high way, alley, sidewalk, street parking or other public place in this City, any paper, trash, rubbish, garbage or any other thing of similar nature . (250) S . 3112 PLACING REFUSE FOR COLLECTION. Said. substances may be placed in cans, boxes or other receptacles which are sufficiently tight and sound. to prevent the leaking, scattering, dropping or spread- ing of said substances, which cans, boxes or other receptacles may be placed upon or in any public alley in this City, for the purpose of having the same removed or destroyed, by any person who is the tenant or in possession of the premises abutting upon the said alley, immedi- ately adjacent to the point where said receptacles are so placed . (250) HEALTH SANITATION ARTICLE 312 FLY CONTROL & ABATEMENT (1619-12/70) S . 3120 DEFINITIONS . The following words and phrases , whenever V used in. his chapter, shall be construed as defined herein unless from the context a different meaning is intended and more partic- ularly directed to the use of such words and. phrases: (a) Fly-Breeding Hazard shall mean the accumulation, existence or main- tenance of any substance, matter, material, or condition resulting in the breeding of flies in an amount or manner as may endanger public health or safety, or which may create unreasonable inter- ference with the comfortable enjoyment of life and. use of property by others . (b) Fly Abatement Board shall mean the administrative board composed of five 5 members appointed by the Board of Supervisors of Orange County, pursuant to Orange County Ordinance Section 42.012 which is hereby designated as the Fly Abatement Board pursuant to this article . (c) Commercial Dairy Farm shall mean any place or premises on which milk is produced for sale, or other distribution, and. where more than two (2) cows or six (6) goats are in location. (d) Commercial Poultry Ranch shall mean any place or premises where poultry are maintained, raised or fed for the primary purpose .of producing eggs or meat for sale, or other distribution. (e) Horse Stable shall mean any location where three (3) or more horses are maintained for any purpose . S . 3121 PUBLIC NUISANCE . Any fly-breeding hazard in the City of Huntington Beach is hereby declared to constitute a public nuisance . S . 3122 INSPECTION BY HEALTH OFFICER. It shall be the duty of the Health. Officer. of Orange . County, who is hereby designated to enforce this article, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or collection of plant or animal waste, or any substance or existing con- dition on any lot, farm, or other land., or on any other premises as a fly-breeding hazard, to enter, after demand, upon such premises and to determine whether or not there is an existing fly-breeding hazard . The County Health Officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe . r r, S . 3122 . 1 FLY CONTROL & ABATEMENT HEALTH 3122. 1 Except as to residences and living quarters , the Health Officer, or his authorized deputies or inspectors , for the f)1jr-1)o:;c- of* rotitin.e inspection, or whenever he shall have reasonable i;v believe that any violation of this article exist,; upon any or in arty place , after displaying identification may demand entry thereon in the daytime . Every person who owns, occupies or other- wise is then in possession of such premises and who, after such display and demand, refuses or willfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punish- ment upon conviction thereof by a fine not exceeding fifty dollars ($50.00) or by imprisonment in the county jail for not over five (5) days or by both such fine and imprisonment. S . 3123 ABATEMENT PROCEEDINGS . NOTICE. Whenever there exists in any place within the City of Huntington Beach, a fly-breed- ing hazard, the County Health Officer shall notify in writing, by personal service, the record. owner, his agent, or person having control or posses- sion of such place or premises, to abate such nuisance and take correc- tive measures to prevent its recurrence, and to appear at a public hearing to be held by the Fly Abatement Board on a date set forth in said notice . A copy of such notice shall also be posted in a conspicu- ous place upon such place or premises . Such hearing shall be set by the County Health Officer at least ten (10) days after the date of such notice . The notice shall specify what is claimed to be causing the hazard and what must be done to abate it, and shall direct the owner, or person in control or possession of the place or premises, to abate the nuisance, and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice, prior to the time set for the public hearing by the Fly Abatement Board , and shall advise such owner or person that in lieu of such abatement, if the Fly Abatement Board determines that a fly-breeding hazard still exists at the time of such public hearing, the County Health Officer will proceed to abate such nuisance, without further notice, unless such nuisance is abated before a date specified by the Board , and the owner of such place or premises , and. the person having control or possession thereof, jointly and severally shall be liable to the county for the total cost of such work, including all administrative costs, and. such costs shall constitute a charge and lien upon such place or premises . The notice shall be served upon the owner of record, or person having control or possession of the place or premises upon which the nuisance exists , or upon the agent of either. Notices may be served in the same manner as a summons in a civil action by any person authorized by the Health Officer of Orange County for such purposes . HEALTH LY. CONTROL & ABATEMENT S . 3124 S . 3124 ABATEMENT PROCEEDINGS . HEARING . At the time fixed for hearing by the Fly Abatement .Board , such Board shall hear and consider all relevant testimony and. evidence offered by the owner of record, or person having control or possession of the place or pre- mises upon which the fly-breeding hazard is stated in such notice to exist by the County Health Officer or his agent, and by any other interested person. Upon the conclusion of the hearing, the Board shall make the following findings: (a) Whether a fly-breeding hazard exists; (b) What is causing the hazard specifically; (c) What should be done by the owner or operator to abate the hazard; _ (d ) What work, if any, should. be done by the owner -or operator to pre- vent its recurrence; (e) Whether the owner or operator shall comply with any specific re- gulations of the Health Officer; and (f) Whether the -Health Officer shall abate and specifically what he may do at his option, including but not limited to directing the owner or person having control of the premises to abate said nuisance, provided that anything not included in the Board 's order shall not be done by the Health Officer. If the Board determines that such fly-breeding hazard exists, it shall direct the County Health Officer to abate it, without further notice, unless the condition is abated and such work performed by the owner or operator on or before a date to be specified by the Board . S . 3125 FLY-CONTROL STANDARDS . The Fly Abatement Board, upon recom- mendation of the Health Officer, is authorized to adopt fly- control standards for operation and design of commercial dairy farms, commercial poultry ranches and horse stables to serve as guidelines in the abatement proceedings described in Section 3124. All such standards shall be printed and made available to all dairymen, poultrymen and. horse-stable owners or operators . S . 3126 COSTS . All costs shall constitute a charge and special assessment upon such parcel of land incurred by the city and/or county. If such costs are not paid within a period specifically set by the city and/or county, they shall then be declared a special assessment against that parcel as provided in Government Code Sections 25845 and 38773 .5• Such special assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and. shall be subject to the same penalties and. the same procedures and sale in case of delinquency as provided for ordinary county taxes . The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. S . 3127 FLY CONTROL & ABATEMENT HEALTH S . 3127 OTHER REMEDIES NOT EXCLUDED. The provisions of this article are to be construed as an ad.d.ed remedy to abate the nuisance hereby declared, and not in conflict with or derogation of any other ,,r t;:i_ons or proceedings or remedies otherwise provided by law. 3128 ADMINISTRATION AND ENFORCEMENT. Without limiting the power of city so to do, the County of Orange and all its officers , employees and agents are hereby authorized and empowered to enforce and administer the provisions of this article within the City of Huntington Beach. S . 3128. 1 Penalty. Any owner or person having control of any place or premises upon which there is existing a breeding place for flies , who refuses or neglects to abate same or to take corrective measures to prevent its recurrence, in accordance with the written notice, shall be guilty of a misdemeanor and. subject to punishment upon conviction thereof by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the county jail, or by both such fine and imprisonment. S . 3129 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article and. each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. IfI-;A1,'.I I SANITATION S.. -�1,l ARTICLE 313 DUST AND INDUSTRIAL WASTE (1091) S . 3131 ' 'DEFINITION: INDUSTRIAL WASTE Any and. all liquid or solid waste substance ..in. sewage from any processing or manufactur- ing of whatever nature . S : 3132 It shall be unlawful for any person, firm or corporation to permit, maintain, or create a situation wherein the dust, smoke, .soot, carbon or industrial waste on any property, under his, her or its control,: create s a public nuisance . (1253) S . 3133 ESCAPE OF SMOKE CARBON SOOT. No person shall 'cause, permit or allow smo e,' carbon, - or soot from any fire being operated, used, maintained or fired by such person to escape from any smokestack, chimney, flue, vent, firebox, kiln or furnace . (1253) S . 3134 ABATEMENT PROCEDURE. (1253) S . 3134.1 Whenever there exists in any place within the City of Huntington Beach a public nuisance created by industrial waste o.r dust, the Health Officer shall notify iri writing the record owner or person having control- or possession of such place or premises to abate such nuisance . S . 3134.2 The notice shall direct the owner or person in control or possession of - the place or premises, within the time spec- ified. -,in- said. notice, to abate the nuisance and. to perform any and all work necessary to prevent the recurrence thereof in the places or pre- mises specified in the notice . S . 3134.3 The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists, or upon the agent of either. S . 3134.4 Notices may be served by any person authorized. by the Health Officer for such purpose in the same manner as a summons in a civil action. S . 3134.5 Upon the neglect or refusal of the owner, or person having control or possession of any place or premises to comply with the notice to abate, the Health Officer may abate such nuisance and the owner of such place or premises, or the person having control or possession thereof, shall be liable to the City of Huntington Beach for the costs of such abatement which may be recovered. in a civil action. 4 y r S . 3134.6 SANITATION HEALTH S . 3134.6 In the event the Health Officer elects to abate any such nuisance, he shall serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate" and. if a hearing is not requested before the City Council as hereinafter provided. within ten , (10) days after service of said "Notice of Intention to Abate, " the Health Officer may proceed to abate any such nuisance as hereinabove provided . S . 3134.7 The request for hearing shall be in writing and be filed with the City Clerk. Notice of the time and place where the City Council will consider the matter shall be mailed by the City Clerk to the applicant and to .the Health Officer. At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the appli- cant and by the Health Officer. Upon the conclusion of the hearing the City Council shall determine whether or not a condition contrary to the provisions of this article exists and whether or not the Health Officer may. abate . S . 3134.8 Any owner or person having control of any place or premises upon which there is a public nuisance created by industrial waste or dust, who refuses or neglects to abate the same or to take corrective measure to prevent its recurrence in accordance with the written notice from the Health Officer within the time specified in said notice, shall be guilty of a misdemeanor and subject to punish- ment- upon conviction thereof by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the County Jail or by both such fine and imprisonment. S . 3134.9 Provisions of this article in reference to abatement are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. i HEALTH REFUSE COLLECTION & DISPOSAL S . 3210 CHAPTER 32 REFUSE COLLECTION & DISPOSAL ARTICLE 321. GENERAL 322. DEFINITIONS 323. COLLECTION VEHICLE AND REFUSE CONTAINERS 324. REFUSE COLLECTION 326. CERTIFICATE OF. PUBLIC NEED.AND NECESSITY ARTICLE 321 GENERAL (77, 909, 9255 1365) S . 3210 Owner to keep premises clear of garbage and other offensive substances . S . 3210.1 Every owner, tenant, occupant or person owning or having care of any premise shall keep said premise 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, rubbish, cans , wastepaper, filth of any kind or any other substance that may become offensive, to be deposited or remain in or upon any premise owned or occupied by him or under his control except as otherwise provided. by law. HEALTH REFUSE COLLECTION & DISPOSAL S . 3220 ARTICLE 322 DEFINITIONS S . 3220 DEFINITIONS . For the purposes of this chapter, the follow- ing . words and phrases shall have the meaning hereinafter set forth. Any word or phrase used in this chapter which is not here- inafter specifically defined shall have the meaning commonly attached to such word or phrase in ordinary usage . S . 3220. 1 Refuse . Refuse shall mean and include all garbage, animal or vegetable, or household waste; all combustible or incom- bustive trash or waste which ordinarily is created or accumulated in the operation and maintenance of a household, business or industry, including leaves , cuttings, trimmings from trees , shrubs, grass , and filth of any kind . Refuse does not include heavy or bulky articles such as trees , tree limbs, logs , automobile bodies, large motor vehicle parts, building materials, abandoned appliances. or household goods or business fixtures, grass from renovating, sod, dirt, or similar material, or any other substance or material that is , or may become offensive . S . 3220.2 Basic Level of Service . That level of collection and dis- posal service necessary to collect the refuse generated by an average family in one single family residence as specifically pro- vided. in any given contract between the city and. any person for collec- tion of such refuse, or by resolution of the City Council. S . 3220.3 Collection. The collecting, gathering together, and trans- porting of refuse, for disposal in accordance with the rules and regulations pertaining to the operation of Orange County dump sites and transfer stations . S . 3220.4 Refuse Container. Any container, can, receptacle, vessel, tank or box designed for or used for holding or containing refuse . S . 3220.5 Single Family Residence . Shall mean and include every lot in the City upon which is situated one dwelling unit de- signed. for or used as living quarters by human beings . It shall not include lots with hotels, motels, lodge halls, clubs, tourist camps, trailer camps, churches , business and industrial establishments, or any lot containing more than one d.welling ' unit or upon which any com- mercial or industrial occupation is being conducted unless such occupa- tion is being conducted in a single family residence . S . 3220.6 Person. Any individual, person, firm, corporation, partner- ship co-partnership, joint venture, or other organization. i HEALTH . _.._,FUSE COLLECTION & DISPOSAL S . 3230 ARTICLE 323 COLLECTION VEHICLE AND REFUSE CONTAINERS S . 3230 REFUSE CONTAINERS REQUIRED. It shall be the duty of every owner, lessee, manager, and/or person in possession, charge or control of a building on any premises in the City 'to provide or cause to be provided., and at all times to keep or cause to be kept, sufficient and convenient portable refuse containers upon said premises . S . 3231 DUMPING OF REFUSE. No person shall deposit or cause or per- mit to be deposited any refuse upon or in �lany public street, alley or other public place, or upon any premises in this City, except in refuse containers as provided in this chapter. S . 3232 TYPE AND SIZE OF CONTAINERS . Each refuse container shall be of sound construction and shall be water tight . Con- tainers may only be used for containing animal or vegetable waste resulting from the preparation of food if they have a tight fitting cover. Containers for single family residences shall not weigh more than sixty pound.s when filled with refuse. S . 3233 COVERING CONTAINERS . The cover shall not be removed from hose containers requiring covers except when necessary to place refuse therein or to remove refuse therefrom; at all other times said cover shall be in place on said container. S . 3234 LOCATION OF CONTAINER. Each refuse container shall be kept or placed in such a manner as not to be visible from the public street and so as to be easily accessible to the reafuse collector, provided that during or for the time fixed for the collection of refuse from said containers such containers shall be kept or placed as follows: S . 3234.1 Near Alley. Where there is an alley other than a blind. alley in the rear of such premises, such refuse container shall be placed on the premises , within five feet (51 ) of the rear property line . S . 3234.2 Access from Side Entrance . Where there is no alley other than a blind alley in the rear of such premises and. there is a side entrance to the rear of such premises, each such refuse container shall be placed on the premises at an accessible point adjacent to said side entrance . S . 3234.3 On Curb . Where there is no alley other than a blind alley in the rear of the premises nor such side entrance, each such refuse container shall be placed. on the curb in front of the pre- mises . r, S . 3235 !-2USE COLLECTION & DISPOSAL HEALTH S . 3235 REFUSE CONTAINER IN PUBLIC WAY. No person shall place a refuse container in any- street, alley, sidewalk, court, or other public way in the City at any time other than the regular time for collection of refuse; every person who so places a refuse container for the purpose of refuse collection shall remove same no later than 7 P.M. or two hours after the container is emptied, whichever is later. S . 3236 INTERFERENCE WITH REFUSE CONTAINER. It is unlawful for any person, other than the owner. of a refuse container or any officer, agent or employee of said owner, of the City, or of the person holding a contract for collection of refuse from such container, to interfere in any manner with any such container or to remove such con- tainer from the location where same shall have been placed by the owner thereof, or by said owner's agent. S . 3237 IMPROPER SUBSTANCES IN CONTAINER. No person shall place or cause or permit to be place—din any refuse container, any substance or material other than refuse as defined in this chapter. S . 3238 MOVING OR CONVEYING REFUSE IN CITY. No person shall remove or convey or cause or permit to be removed or conveyed, any refuse on or along any public street, alley, or other public place in the City except a person legally operating a refuse collection service in the City as provided in this chapter. S . 3239 VEHICLE FOR COLLECTION. All vehicles used in collecting and transporting refuse shall be provided with metal bodies and shall be so constructed. as to be water tight and to prevent the loss of any contents being collected or transported therein upon the streets, alleys, and other public ways in the City. Such vehicle shall be thoroughly cleansed daily so as to reduce or eliminate odors and decayed or �rotten materials . C I1EALT]I COLLEM10h & DISPOSAL, S . 324o .ARTICLE 324 REFUSE COLLECTION S . 3240 CITY CONTRACT FOR COLLECTION. The City may enter into a contract with some responsible person to provide a basic level of service for the collection of refuse in the City at the times and in the manner prescribed in said contract which contract shall run for a period of not more than five (5) years . The City may, in award- in such contract for collection of - refuse, advertise for bids . (1365, 13 0) S . 3241 COLLECTION BY CITY. The City or its authorized agent shall operate . and . maintain a service for the collection of refuse from single family residences on a regular, scheduled basis approved by the City Council, provided collection shall be made at least once a week. Refuse generated and accumulated at single family residences shall be collected exclusively by the City, its duly authorized agents or employ- ees , or by a contractor with whom the City may have entered into a con- tract for such service, provided that the owner or occupant of such residences may contract with the City, or its contractor, or any other person legally operating a refuse service in the City for the collection and removal of all materials and substances not included in this chapter as refuse and all refuse in excess of that amount of refuse collected in the basic level of service . S . 3242 COLLECTION - NON SINGLE FAMILY. Multi-family residential, commercial and industrial units may have their refuse collected in the same manner and for the same rate as a single family residence provided the refuse generated by such unit does not exceed the basic level of service shall contract with the City or with any per- son legally operating a refuse collection service in the City for the collection of refuse in excess of the basic level of service . S . 3242.1 Upon notification of the Director of Finance upon forms supplied by said Director, the owner, or person in control of any multi-family residential, commercial or industrial unit which is contracting for refuse service shall not be liable for the charge for the basic level of service provided for in this chapter. � f x . HEALTH FUSE COLLECTION & DISPOSA S . 3260 ARTICLE 326 CERTIFICATE OF PUBLIC NEED AND NECESSITY S . 3260 CERTIFICATE- OF PUBLIC NEED AND NECESSITY REQUIRED. It shall be and . it. is hereby- declared to be unlawful for any person to operate or conduct any refuse disposal service in the City unless such person has previously obtair:ed a Certificate of Public Need and Necessity to do so, as provided. in this article S . 3261 APPLICATION FOR CERTIFICATE . Any person desiring to obtain a Certificate of Public Need and Necessity, required by this article, shall make application therefor to the City Council by filing the same with the City Clerk. Each application shall be accompanied by a performance bond in the amount of Ten Thousand ($10,000) Dollars, as well as a fee of Twenty-Five ($25) Dollars for the processing of the application. Said bond shall be in the form required by the Huntington Beach Ordinance Code for other performance bor,ds . Said application shall be in writing and shall set forth the following information: (a) Name, age, business and residence address and telephone numbers of the applicant, if a natural person, or if a corporation, its name, date and place of incorporation, address and telephone number of its place of business and the names and addresses of its princi- pal officers; or if a partnership, association or unincorporation company, the names and business and. residence address and telephone numbers of the partners of the persons_ comprising such association or company. (b) An accurate map of the district, territory or area proposed` to be .serviced by the applicant. (c) A description of the methods of operation. (d) A statement in detail as to the public need and necessity -for additional refuse service in the City of Huntington Beach. (e) A statement as to what offenses including moving traffic, violations, if any, any person(s) mentioned in sub-section- (a) hereof, have been convicted . ' (This includes a plea of guilty. ) (f) A description of the type of refuse service to be furnis-hed'. (g) A description of the vehicles , including color,. make, size, license number, and special refuse collection equipment, to be- used . (h) One set of three standard size fingerprint' card.s bearing the finger- prints of each person mentioned in sub-section (a) hereof. (i) One recent identification photograph of each of the persons in sub- section (a) hereof. (j ) Such other information as may be required by the City Council or the Chief of Police . S . 3262 :'USE COLLECTION_ & DISPOSAL HEALTH S . 3262 PROCESSING THE APPLICATION FOR CERTIFICATE . Upon receipt of an application for a Certificate of Public Need and Necessity 1-1he, city clerk -hall immediately forward a copy of the application to t;r,(: C;hlo f` of, Pc)licr; who ,shall Investigate the character fitness and of.' (,-'Vory por,;;ors who:,c rin.mc, appear;, on such applic,.ttlon. Upon c:orrmpletion of said Investigation, the Chief° of Police shall trans- mit such application to the City Administrator, together with his reasons therefor. After study, the City Administrator shall thereupon transmit such application to the City Council, together with his recom- mendations upon such application. S . 3263 CITY COUNCIL ACTION. Upon receipt of an application for a Certificate of Public Need and Necessity, and the recommenda- tions of the Chief of Police and the City Administrator, the City Council, after consideration, may deny the application, grant the same, or modify the same, as the Council deems necessary for the protection of the public health, safety, welfare, peace, and morals of the citizens of this city. S . 3264 NOTICE TO APPLICANT - APPEAL. The City Clerk, in writing, shall notify the applicant of the Council 's decision. Within ten days after the mailing of such notification, the applicant may demand, in writing, a public hearing. If he does not do so, he shall be deemed to have consented or agreed to such denial, granting of -modifi- cation of the application. S . 3265 PUBLIC HEARING BEFORE CITY COUNCIL. If a demand for a public hearing is filed with he ci y c erk as provided in this chapter, the city council shall hold at least one public hearing within thirty days after such demand is filed . The city clerk shall serve or mail by registered or certified. mail, notice of the time and place of said hearing, not less than ten days prior to the date set for public hearing, upon the City Administrator, Chief of Police, the applicant, and any person designated on the application to receive notice of the city council's action or the public hearing. The mailing of such notice, with postage prepaid, addressed. to the applicant or to such other persons hereinabove designated, at the respective ad.dresses specified in the application or demand for hearing shall constitute sufficient notice of such hearing. Nothing herein shall be construed. as limiting the power of the city council to grant a Certificate of Public Need and Necessity to more than one refuse collection service to operate in the same area of the city. S . 3266 BUSINESS LICENSE REQUIRED. Every person, owning, operating or conducting a refuse collection disposal service in this city shall, in addition to and after obtaining the foregoing Certificate of Public Need and Necessity, obtain a business license therefor and shall pay to the City the business license fee provided for by .the Huntington Beach Ordinance Code . No such business license issued -by the city to any person prior to the time such person is granted a Certificate of Public Need and. Necessity by the City Council shall" be valid . PLANNING ZONING- DM 2 SECTIONAL DISTRICT MAP 2-6-II =D.LE NFEET ADOPTED MARCH 7,1960 NOTE: CITY OF o;SIC.RIG°01 Y.FEET x DEx ER CITY COUNCIL ORDINANCE NO. 754 °TOx`+?Yex° TOG AMENDED Qq0 N0. AMENDED ORD.NO Y 6.20-60 773 2-21-66 1186 LEGEND: 7-18-60 781 10-3-68 1256 0 SINGLE FAMILY RESIDENCE D: HUNTINGTON BEACH 11-7-611 74 2--69 1527 Two FAMILY RESIDENCE°u*n:c* 2.20-61 SIT 2-17.69 14T4 8-5-61 84• NF6-69 1527 pQy aFFKE-RROFE]]NINAL DI3TNKi 6-19-61 847 10-19-70 1615 0 RESIDENTLAL AGRICULTURAL DISTRICT 9-IB-81 668 IxaI6TRIAL 015TRKi 11-6-61 876 0 ORANGE COUNTY CALIFORNIA 3-°-62 900 � °o����II °']TRIDi 5 6.21-62 B03 c mvxzss DISTRICT AMENDED BY ZONE CASE: 6-4-69 9o7 rG,�4 " CU THE REST 10-15-62 932 O L L 1FIE RESIDENCE DISTRICT 108,123,138,147,176,177.178, 12-3-6z 938 © N DR.000 COMM—AL 179,180.143.200.206,212,237, 1-7-63 947 ® MULT•i"InLE FAMILY RESIDENT- 244,248.269.282.288.302.331, 2-4-63 950 333,379.473.505,545,66-Q, 6-24.83 9768 Bf8 --- SETSACx L. 68_I8,68-52.69-23.70-0. NE 1-6-64 1028 � COx61NED WIT.O'L PRONCT- 10.6-84 IOBO ®� 4-5-65 1132 is.. J IGARFIELD I I I I / / I I AVE. u - �v B CI — R c R3 ]� N 8 R5 C2 ! > °` R2 J RA-0 RA-0 RA-0: R3 "4R2 OPT x LINE ALN 30G3 6]004 1 S0 R2 R2 R3 s R2 C4i ~" R3 FMI MI R2R5 J x R2 Soo IE 264 CLOY r«n' Iss• 4VE. SSA p 2] C2-0 .� °rA U D R2 R3 cz 2 8 g 4R2 R4 R2 R3 Io o zD x-0'v4, I O RI 290 NLINE TR']9 OWEA-- 4VE. x N sD I- �� R E .Ax x i R 2 ol] k psr a M2-o>- RI ,�s RIA •_CY-q»:II G v O 4� ].Lq[TR_]90I NILLIANS AVE S O Nclj al 4 C2-0 RI-0 R2 R2 R2 o R o R3 Rz D'�C4AG_ MANSION .ar L YORNTOWN 1 AV aNS35rE O Oi O i RI-0 R2-0 I F 0 M2-0 RI-0 UNION O A AVE WICHIT4 AVE. M 2-0 R2 R2 C 2 ]01 �O O R2-0« M2-0 a O Q� O 1? 1 1 M2'0 g RI-0 �Q � K VENICE AVE. 1 Q\ O M2-0 vD R4^. Q M2-G NTExpEDTI AUT1CA VE. •w R O R 2-0 O O o O o R1-p ��F N N k O O ¢ ¢ •�MR Mtp I-� O RI RI RI RI RI R2 a N ORONTO AVE. I R Q\ K ¢ R2-0 0 M O oO w rc SPRINGFIELD AVE' R 2-0 C 4 o AD 0 _ Rea R 2-0 0 0 0 o r�•e Q: I D: 0 K a[ K K N.o INE OF IILOCx] 4> a K O O R2-0 s e nu6 EAST �^1 2 �c z RI RI RI RI RI R2 N fV ROCHESTER - AVER SIDE v1LL. .ci u ? H - RI-0 Q ? yJ ON x w o 1 a a W I— Rz q9"s a g - R3-o a o R3-0 ---m- /�=\ i J o S 4 I >: RICO f RI ADAMS AVE S, PLANNING ZONING DM 3 SECTIONAL DISTRICT MAP 3-6-II ADOPTED MARCH 7,1960 r mlEi CITY OF .� :dIp,,I.R IN FEET CITY COUNCIL ORDINANCE NO. 754 of 61TE...cT Mai TM:D T pME CE xT[i �� ORD,NO" ILEG I"11eTnIAL dmnlcT M HOED ORD.NO. AMENDED iYMTED AUXTES10EKE FAULT REICT DD 12-E-62 93 L L0 ITIRLE SRN ESEKHCE OISTRIR 12-l-82 9!8 Slxc r ENNILT RERISIDEN HUNTINGTON BEACH 2-5-66 88 YOLTI LE FAMILY RESIDENCE OFFICE-PROFESSIONAL 6-20-66 1216 EI0 H60RHOW COMMERCIAL 12-5•88 1271 6-17-68 1419 ORANGE COUNTY, CALIFORNIA 6_z<7 1�2 DOUSED 6:°EALMAVE°ON ME,GOLDEENwEST 10-19-TO 1606 ST, N OCEAM AYE ON Sw,A SEVENTH AMENDED BY ZONE CASE eT.ON 6�. 254,281,282,345,68-19,88-49,.66.I3,68-31,69-34,70-10, -a cmaP wrtH aL PRgwtrgx. -O[ Ca—D VVY.O1 FROOOCTNIN. GARFIELD AVENUE I I!L M2-0 cI-0 x R4-0 ` Ir w R M2-02 N j•s r ° R3-0 , RI-0 � b3"+ a[o n o•s +� x..KI[,• ea.• � '+y Mk [era r_ _-�, �°» =tx[r[•'e,•a q R4-01 R4-01 s R4-01 R4-01 k k d R3-0 e:� -01 R I_0 4; .a R5-01IF W R4-01 R R4 01 I-0 RI RI y ��' 4-0 t W P ' R 11111 P.I �.R:.Er,>o+e. ..'. 4 ` i •� R4-01 � RK • fa ,. R4-01 x R4.- 4 R4-01 A + 01 =R o RI RI R4-0' �RI " RI RI-p RI - RI 'N Rawu tlaE RF 4 R R4-a-,`- - R I-0 I,•RLV.T b 1-0� RI RI RI-p o,. ,. CI-0 °F4ti M2-02 + �� c1-o, �y ti ,. M2-02 A M2-02 M2-0 RE C/ Fti z CAL. qti \• L�/ Y,C . PLANNING ZONING DM 4 SECTIONAL DISTRICT MAP 4-6-II Ek 5-6-II NOTE CITY OFINDUSTRIAL [x>:IDNa•[Ix RET ADOPTED MARCH T.1960 iox[ wolxlxf R tilt a. pf ERDIED TO Efr'TD TO K 111-It bYtN MM o. CITY COUNCIL ORDINANCE N0. 761 M] I ® UUTIft DIBTRIDT AMENDED ORD_N0. AMENDED ORO_N0. Lq�7• M LTED rIPL RESIDENCE DISTRICT LIMITED MULTIPLE FUN I REIDDIGIM DISTRICT HUNTINGTON BEACH 12-6-1962 969 2-21-1988 II96 NE'...M000 COMMERCIAL DISTRICT 10-19-1970 1606 �SINGLE EAMILr RESIDENCE DISTRICT ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE: SUFFIX LEGEND: 261,282,306,70-10, =COMBINMD IL M-CT ON 013TRICT 7C6bxIx0 OIL PRODUCTION DISTRICT .�jCOMBININO OIL PRODUCTION DISTRICT Ft., 1 u as S 9 I 7 i ,[.•D I '$ I � x....... * e c ' T_.� R3-0 CI-0 ' 6. »' OI ur .r`z RI-0 R4-0� A M 2-02 ry 9�F Off, F9 ti i� a lo; PLANNING ZONING DM 7 SECTIONAL DISTRICT MAP 7-6-10 NZ NO TE: CITY OF ADOPTED AUGUST IS,1980 aINTEND UH RIG T OF IWAYEn ar„ 13 S CNDFD RIGHT EXTEND T E CEN OF TER CITY COUNCIL ORDINANCE NO.785 LEGEND: or WA AMENDED ORDN0. AMENDED ORD_N0. Q SINGLE FAMILY RESIDENCE DISTRICT 5_-64_-664 9184 11.-16-68 H5! (�}ccTee I�I RxxEl4rTIAL A G IA LDRALRODu c Dn BOT xR GT 0-69 466 IDNBORNOOD CONMENCIAL DISTRICT 6-13-6 4 1006626 1F6 GAWNIc G1 gSTR111TIHCTHUNTINGTON BEACH 12-7-64 1106 4-6-70 568 1123 12-7-70 617 3•I-63 © COMBIxED wrtx wl P 5.17.65 � CMMUT E3EDDDATIDNA RIDT ORANGE COUNTY, CALIFORNIA 12-6-61 � O "'FADILITIE (RECEAOAAL'G'.TRICT 5-16-66 2 AMENDED BY ZONE CASE: 6-16 107 SUFFIX LEGEND: 255,416,446,482,502.510,539.66-12,663 "-42,67-11.67-22 86 233 _ DESIGNATES M TE,TRET, 27 SIT—. 66.65.68.3 , , , 1323 9-16-67 '349 9-IB-67 .34, I t i 9 T ADAMS AVE. .—�-.._. r' RI RI ---'--- Se 71AIR g 6 a I p RI V) C2 RI RI RI RI RI RI C4 H r w �RI RI aRN,NnRl DR RI d R I RI RI o' 6 I MEDITERIiANEAN DR. NAUfILU6 OR. B RI RI RI RI cR 'RI 4O„OR CANDLEW90 DP R I RI �I R I 'EI.I.CANSIONE R RI IT DR RI RI m RI �RI o` RI : RI o RI RI (,�ECA ;al RI * - " lRI ` 'ER •R I. OR XA2ELBROOK GO w DR m RI 3 RI RI 6 a ON Rl RA RI RI RI a RI RI RI RI RI cIAwNANEN "yCl 1 � RI � I DIANAPOLIS AVE pp ° A CRE R I (� �RI 6 RI E RI F RI _ Ri I - ���"```` a RA-0 R I , A. ALIxJ- R I N R I RI If RI RI E L,WOPTN DR. Zli, AVER DMVE `1 R I R I R I IFNETxfRMA7 V YAt R CIRCLE RI RI RI RI AL ARIR dC RI IS ERSGA DR CF-R E1.R IRA RI RI y 7 E RI Q M waamusT in LA GA. FR um WR,co OR J CAR,DLLTDw I O 3 RI RI 3 ' CF-E Q RI f E 7 IMAM OR. 3.7E RI PI RI DOa RI RI —AN J RI R E N 0 i • Y Ia11c I. E.1E .•Rlc � 8 N 'R4 �= RI RI ERI g C4 5 p RI RI 2 ,caT,TDUN R DR - =° RI ATLANTA AVE. It 1 Ia M r n PLANNING ZONING DM 10 9-6-11 a SECTIONAL DISTRICT MAP 10-6-IIo NOTE CITY OFAEN INTENDED DIGTO AXE ID TEET F CENTER ADOVTED NARCN 7,IB80 ANY EONE D..XING A RIDHN o A INTENDED ExTENO TO E CENTER OF BUCH RIOxT OF WAT. CITT COUNCIL ORDINANCE N0. 761 LEGENO� AMENDED .ORD,NO, AMENDED ORDNO. ®!NNGLE F ®T • Lr RESIDENCE III"TRRiCTT HUNTINGTON BEACH 3-7-62 938 ®LIYLTIP EY ULTIPLE ESYIE ClI—IC DISTRICT 12-3.82 838 DL9 Y IVL YIu R[!I D[NCE DUTNCE 2.21-66 1186 ®GENERAL BUBINES! DISTRICT 9-IB-67 13" INDUSTRIAL DISTRICT CALIFORNIA 2-19-679 1 © GNHODD EDMYENDI.L DISTRICT ORANGE COUNTY, IO-1 -70 16M 606 SUFFIXX LEGEND; AMENDED BY ZONE CASE: r--n COMBINED WITH OIL PRODUCTION ® COMINED WITH OIL PRODUCTION IN AREA 23N,281,282,616,87.18,66-31,70 10, 4 Po•W2 + 90uMIXED By AS UM AXE.ON NE,GOLDEMNEST yp p ST ON MR.OCEAN"E.ON SIX.IS SEVENTH OO 4� ST OM SE. ®CpBPfD WRH OIL PRDOtCTMW i' ~ OY'° Q ©COMNIND WON OIL NNDIICINM 0p M2-� - A.P� M2-02 ?ti Cl .9FW M2-- a; L. 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TO ���� a>itli5i0 lax0i553i0bd 3>iii0® i0�tl1VO 3 ry=N 0961'L N0tl VR 031d00V `un• 1>i 3JN30i53tl♦' ry s® 1>1Y15ia 3J130N3a153tl al of 3b�a1nn a l LTp] af3 O'l 3'�3a°'°"°;315NI5 C. =1 I.I-9—II dVN 1DId1Sla IM011DIS 51>itla5�a lrtln i l:1.30'S3tl ON3931 L Zi wa 'JNI OZ 9N,INN` -ld PLANNING ZONING DM 13 SECTIONAL DISTRICT MAP 90•LF 11 FEET ADOPTED AUGUST IS,1960 NDTE— • I TEE' wsXlNs CITY OF CITY COUNCIL-ORDNANCE N0.785 DFv E. xi OF Ner D 4er AMENDED ORD.NO. AMENDED ORO_N0. °lTE OExTER 2-6-61 814 5-6-61 839 LEGEND D 12-4-61_ 877 Q HUNTINGTON BEACH 5 7 62 )3 E gwLr .9-17--62 923 .1.21-63 948 .6-3-63 969 ® NO RENDExOE D13TRX:T 2-3-64 1034 Q DOIKYNITY MAIIxEs9 —T-Y B-17-64 1079 ORANGE COUNTY CALIFORNIA 2-7-65 4 0 exwe C—E—A 6-0-63 1145 O x L psTR1[r II-IS+65 1165 ® COuuuHlTv F401LIT1E91EDUCATIDx1 DISTRICT AMENDED BY ZONE CASE: 1-3-66 1177 RESRM4L eDwaATuuL 019TNCT" 145,I61,213,215,237.28I,.1 1...4,481.482,514,531,540,66-62,88-66 1-I6-67 1290 B-IB-87 1330 SUFFIX LEGEND; 67-22.70-10 _9-18-67 1349. -o,.oy 10-19-70 1606 -cep qL C01BMIND DISTRICTS --- SETAeCX LINE ADAMS AVE fi 8�� 1ao ary RI 93 o '-- R I E cR C0 RA-ol RI I I I xcEs a R I R' R 1 40 R I 111—CA RIRA-0 Li RA-q I _ wumEs cR. i IRA-01 b z ¢r R eo eL R A-0 11 G2 I ld 2 E°T. E TRAR J s39311114 Ir /het a NRI a RI R 1 tia 3 NUN9TER DR 4' ° LL RI RI mRI RI RI RI ALLOY• y DR RA � RI R1. W RI RI RI RI A INDIANAPOLIS 7 Y RI a RI 3RI 3 DF RI Fr ACOD O RI' R I REILLY DR _ D RI RI CF-E TERN CR (PETERS-ON IiCHOOL) - SAIL OR. RI RI '� RI RI RI HERON CR IDC. RI RI a E CRANE CR i CR o g RI KINGFISHER W ER i R I 3 Kt � J 4 w. R' 0 N.Rr CR Z RI x RI RI RI a RI sE.NRo a AL E. 3 E , ."C4 RI RI RI wERmD ^> 11EIN cR? —TILl=1 . i w x Yr 0. cD RI a e1o° aa RI a - Z ED DNOWBIRD /I l.. 8_. ` RI RI RI •CA CF`7 r ATLANTA AVE PLANNING ZONING DM 16 SECTIONAL DISTRICT MAP 14-6-II E<.LE A.EE. NOTE: CITY OF .LL DIMENSIONS ARE IN FEET ON OINING RIGHT OF RIAT ADOPTED MARCH 7,1660 lORTwa it°cxTo DF vivo r0 THE CENTER CITY COUNCIL ORDINANCE NO. 754 LEGEND [a] PROFESSIONAL.HOTEL. DIS—C AMENDED ORD.N0. AMENDED Rq D.NO. ® 11111D—TIFLE nlILl RESIDENCE DISTA"; HUNTINGTON BEACH 6.7_-6 90O ODSHORELINES USI STRICT 12-3-82 630 ® GENERAL I E35 DISTRICT 9-20-63 IIS6 U BDRxOpD COMMERCIAL DISTRICT 3-20 1304 D;9 x10NwAr f.OYMERCIAL DISTRICT ORANGE COUNTY, CALIFORNIA 6-19-67 1324 COMB'"` � OIL`"DDD<TID" 7-317 1564 sere•cx°L ]-6-70 1581 cwe _rI x AMENDED BY ZONE CASE: 6-I-70 1se1 ®C "^x DL N o ID-11 I606 GNATDES PRECISE PLAN OF STREET 1LIG.ME.T 237.281,524,66-66,67-13,67-14,PP70-2,PP70-3,70-10, G� 1 Ty ATLANTA STREET It,GD 4• G� G� ,� � 0,4 a lu LJ I lu P ✓� R3 Re "Y D D -Eoo S-D „Rw 20 C 3-01 DO C3 DO '° Rs-0 y R5-0 RS ' R5 R5 ss F b C4 Eoo LS/ 4�f NGf SO� " C3 oo-1 a PLANNING ZPNING. DM 22 SECTIONAL DISTRICT MAP 19-6-10 NOTE° CITY OF ADOPTED MAflCX 7,1960 ixLN ino[`x DT W[orro +[iipcT CITY CouNCIL ORDINANCE No.754 LEGEND% T ®i SINGLE F RESIDExCE D AMENDED ORD.N0. AMENDED ORD.NO. �RRCE FR .10— DISTRICT DISTRICT Q R D DISTRICT Hi�NTINGTON BEACH B 20 90 776 ®x[!�N[T Y E31DE.TRIDT 12.5-60 804 ®RESIDENTIAL ADNKUTURAL DBrmcr 7-20-61 626 ®TWO Y ElIDENCE 01lTRICT e-S-64 1000 ®LIMITED MVLTIME FANILT REsm[xDE DISTRICT 5-4-64 1033 ORANGE COUNTY, CALIFORNIA 12.4-65 II61 12_e-66 31 q_IT_67 : __—1 LINE AMENDED BY ZONE CASE N0 - 606 Io-19-To 6os - COMBINED WIT pL Ils,134,ISS,IS9,3",416.527,529,66-67,TO.10, 01 �a,Ie e 7 24;Ig II 9 20 B AN NINC —E _PL ADR 3 u o C4' z R 1 R I m RI II RA-01 •° RI< RI J RI p 5 R1 IB. N I. 5 RI RI 5 111 RI RI fl RI R1 LA JOLLA CR. TIKI CR. p /� yA RI RI R A-0 x' ! RI B x CR. L R I CR. / RI o RI 3' RI R D, aP LEILANI DR DO R1 - ------- R2 R2 R2 O I i � ITSj SORA-01 R-5 R3 MI—A °II yl G.IG•lB•II• a . L•GIl O! i � ro4 4 R I r D .CAA, 0 r = ?ter a _ T / P 3 sr � 40 rf OL f(co 0 / q R 1 R-5 D % y RI CITv r C ,Sh O y �OOO, o PR' a O20 ?� 9 zo g y aoz9 Q p OE �o Oj r4oy r wAAw[D na ruxrlNcroM wcN nANww pr.. .. PLANNING ZONING DM 25 SECTIONAL DISTRICT MAP 22-5-11 NOTE CITY OF ADOPTED JUNE 1960 olxsVc poc O -••+D*�T«NLA CITY COUN CIL ORDINANCE N0. 776 AMENDED ORD.No. AMENDED ORO.N0. LEGENDwa 12-4-61 877 620 26 OC2 DEu.T- AGeIC LARL DIS T R T 9-7-62 928 00-66 1263 -1 9 5-3_67 1 OFF- DISTRICT 29 I- 1-62 9 5- -69 1495 xNIT euS�x6ss DISTRICT63 7-15. 990 12-7- 616 l-RESID JTTHUNTINGTON BEACH I-6-84 1028 H NAr cC.NNEeC® N AL c3elcr E iCU1-20-14 10318 ® OlMlry i ES IEDDCATION1oTRICT 2-17- NUN- FACILITIES IeEDeEe*,Dxu DISTRICT 3.2.6 1 IXLEGEND4 041 SUFFORANGE COUNTY, CALIFORNIA T-20-64 1071 AMENDED BY ZONE CASE 9-9-64 foal 214,263,264,265,272,283,337,383,384,382,391,395 12-7_ 1108sETeeC6 uxE 399,449.468.480.505.508.518.535.66-20.66.47.67-0.69-5.70-16. 4-5 1132 5-3-63 3 1137 7-19-65 1154 12-6-65 1168 16 le IS 14 zl 2Y EY Y3 EDINGER AVE. I IJ I 1 RI - RI BELLI e — - BELLING ER 1C 1 VMLTON DR DR R1 J "Rs 9 RI N R3 = a F CA C2 RI L_J,a�Js D� N o Jf FLINT S 8 OR RI R I RI RI °s Ia2n0 R 1 ESTA CIE - RI RI RI SOFTWBW OR REUBENS DR. Z R I sea_ TD RI = Ill 5 LENNOX u 6s3DR "FR NYANZAR I 3JRI RIB RI ��RI R I R I SILVERMO00 R. RI r F_C nRI ~pp.PALISADE DR l' G �yDA RI — RI(ODLLEGE VIER S•--HOJL7 R IY R LE DR. �RIyRI RIRI3ORLANDO DR. R I R I R I R I R I R I CR OGEMONT DIPRI kR E:RR RI C RI RI ¢ - Q U. RIMO 8 "� : ' _ RI RI Rl ERI CHRISTY Ofl. CR. BeIp4EwaTEll11 RI I RI RI RI -AVE- RT E- R RI 3 RI GWIM DR. R I C�EOT BONNIE DR. r C4. RI ' RI RI $ RI GLORIA RICF—R EAN DR DYABISHOP MASON DR. R I LEN C 3 WEBER CR R I R I g RUT OR R I ;¢ CF-E RI RI Rw RIp 9A,3 RI CR N. NE TRACT N 61. (SPRING Vi-V SCHOOL)- R I 4 R I R I RID CRANDALL ON. �'CF R @ANROR. ¢ Pa.LA C RI RI RI RI - RIRI LRA R.u aT V A LA C 6 R I R I RIL RI .� SwNrnaap lazD cIRI LYDIA OR RI FApINELLA ORG �g RI RA RAQ RI 1. RI sRI I. RI DR. MARILYN DP L I RI J [ C °3 L CO ea- 2 Z G CL w-E 3E 11 SE v6 ew.IT4 - O R 5 9ED.EY_a_II R 3 R 3 R3 C 2 DD R A — WARNER AVE. 22 23 Y9 2l 11 2 6 PLANNING ZONING DM 26 DO SECTIONAL DISTRICT MAP 23-5-II SC.LE xFEET. NOT.LL DIL6MMODN�A FEET CITY OF ADOPTED MARCH 7, 1980 Oxrs�O„E E wAY r Mc HE Or TER T[x0[P G"T-JOINING "TO THE-CENTER CITY COUNCIL ORDINANCE NO.754 ILEGEN D: AMENDED ORD.N0. AMENDED ORD.ND. 0 RESIDERTIAL.GRMULTTRML—IRCT HUNTINGTON BEACH 6-2°_� 772 a-I Y3' o "_E [OMMERDML DAE DI I-3-61 B 11 IY-19.66 1274 7-3_61 BSS 1-6-67 1278 0 INESSRESID DISTRICT DISTRICT II-6-81 976 I-I6-67 129E Cx EDwwuNiTr euSixEse DIlTRiCT 12-4-61 877 I_NIZ 1291 Q Li IM MA"UE.c 1.1 DISTRICT ORANGE COUNTY, CALIFORNIA 5-62 966 2.2D67 299 �o�*,E D T'G w. 2.19-62 890 1.13-6B 1384 pO lEre.cxru 3-19-62 894 6-17-68 141B _.._ Y4 xE AMENDED BY ZONE CASE' 5-7-6z 900 6.17-68 14z0 O MITED 1.. E.w t.'EUDE E DISTRICT 102,104,107,N6,132,190,211,212,29,220, 9-17-62 923 B-19.68 1435 0 LTwo E4MU TREUDENEE L.—Cr xc 8-24-63 977 9-3-89 1439 ® 7 •NDIEL A TR44ER—DISTRICT 222,224,237,260,327,495,601,SOS,506,637,66-4,66-29 2-I5-65 1122 II-I8-68 1471 =OE xATES FRECAE PLAN OF STREET ALOMMENT BB-54,88-39,66-64.66-61,PP 66-4.PP 67-4,68-12,68.14 3 1-65 1123 3.17-69 1483 CE-E c LInES tEOUCAnOxT DISTRICT 68-20,BB-24,68-34.69-2.PP68-2,70-2.70-14.PP70-S, 4-5-65 1132 3-2-70 I557 0 COMMUNITY E�CR1riEl(RECREATION—DISTRICT 4-19-65 1136 KI-19-70 I610 EDINGER 12-6-65 1168 11-16_70 .:G AVE �J* N,o -- 3 .. .- - $ $- 100 q'(dl $ 8 /� /� /'L�j RA o C2 C2 a C2 4 J ^E, m LDRICH 1320 To _ C4 I . R I DROE CP. y3 BLUESAILS DR 3 R 3 3 R3 g R I : VOLGA DR E R �r R 3 R 3 STARK 3T STONEWOOD OR R 3 S6S MURDY R I R I - AMAZON DR I.C F R � R 3 CANDLELIGHT CR eouDlcT w - 3 R 3 i MI MI "`!° 3 R3 IXE x UR NE w A[L!]-l-11 R I 3 = s R NE LN STARLIGHT Cfl y MI RI CF-E °- R3 ca RI RI RI RI S I ANITA LN. w (SUNVI W SCHOOLS �^ I Ee MOONLIGHT CR RI ¢� LI b IT R 1 J.IULI L LINE TRACT NO SE! Go VALENTINE Dfl _ N 9.46 R G R Ca GLENCOE n AVE RI � NANCY a OR � SUNLIGHT DR RI RZ C4 t RI R I g R I i 4LINMBR4 �T DR. HEIL a - RI ea RE] C,a D R3 R3 RI 55 RI G nn ERInnDANUBEOR �LJ�P1P JRI RIR3 R3 R3 R3 R3 R3..R3 RI d SEINE UR UW,A D' R I C 4 ,tA4 66060E M I RI AY J RI `yw CNRYALER OR 3 RI RI , DON e, R3 R3 R3 R3 CF-E M I MI RI y (PARK I.E.SCHOGJ _ �fe4 0. R3 C 2 RHINE 4 C Li 4 NR H.LiNE wit SE w AW IN D. .M.xDxA ftR3i R1 CF-R R R3 C4 (MiIR,Y COMMUNETY PARK) DIN'Ux OR CR3 R3 r ------------ U° 0. C. F. C. D. 6. C. E c D C6-I w s•S iO 3 s•a 4 W R6 R3 R2 R5 C, R3 R3 = MI NG UE RR RE R3 C4 fl m ED 00 ti R5 ca ; � NERDTR2 —.._..T..� 6E0! WARNER AVE PLANNING ZONING DM 31 SECTIONAL DISTRICT MAP • 265II11 rEJ IGGG {CAL[ IN wore CITY OF ADDPTED APRIL 11.1960 =�sn1u OGF NA. G TNi T<EwT[n CITY COUNCIL ORDINANCE NO. 759 LEG END X AMENDED ORDND. AMENDED ORD_NM ® REUDENTUL AGRIcULTURU DISTINCT® TWO FA—RESIDENCE DISTRICT HUNTINGTON BEACH 1961 831 20-1964 IG30 LIGHT ITYFAwRIAE/(EDUCATION)DgTR CT 7-Y1961 649 1-18-1985 1117 RR°FESmuL e-74961 e80 3-IS-1965 1121 � LIGHT INDUSTRIAL DISTRICT B-IB-IB61 see ♦-5-1965 117E YO�EnOYE DISTRICT 10-L1861 e70 5-17-1965 1141 Q ANGLE F Y RESIDE"'DISTRICT II-6-1861 876 4-18-1986 1202 LIMITED YULTIhE FAYRY RESIDENCE DISTINCT ORANGE COUNTY, CALIFORNIA 12-4-1961 877 1-1966 1234 o ff W,Y CDYYERCIAL DI/TRICT 5-74962 ROD 1-l-1967 1276 © caNYDUTY WILITIES(RECREATIONAL)DISTRICT AMENDED BY ZONE CASE: 2-23-1963 955 1-3-1967 I290 SUFFIK LEGEND: 101,140,172,187,192,202,208.211,212.237,304,312.313 4-1-1963 956 3-6-1967 1304 O 308,326,339,341,346,356,359,369,371,289,40M 504,606,509.66-7.66.13.66-14,66-57,PP 66-3 4-15.1963 862 3-20-1967 1306 rpoXT nRD/[TeACX 66.50,67-I. 67.22.PP 67-5,PP69-I,PP69-2.PPTO-1.70.4, 6-3-1963 970 9-I8-1967 1349 --- 6-5-1965 sea I-IS-I96B 1383 ---- ULTIWIE RNxT O•WY e-19-1965 e9B 3-19-1969 14 8 >•rr R6CISE rtAx aF amEET AMDYENI :,2 9-16-1963 1004 O-S-1969 630 10-7-1963 1007 4-20-1970 1570 10.28-1963 )DID IU-6-1970 160T 2e 26 J+ WARNER 11-16-1963 1o2o AVE I+ IL R2 3 R 5 MI FIR OR. I r« 50 C 4 N CAIN AVE I I YcR2 °' ' GO ao' r —— FA C F'-E j Ix cQ .. (-%'TERSB RG HIGH SCHOOL) M I "M I 1 1 R 2 II I R2 rcS CD J R2 g ; ;CF-R .. CEDAR AVE. R2 I MI I R2` R2 Ro . I 1 1 RI RI :- 1 CF'1r .R3. ---- Sao To tl BETTY DR [j M I M I M I I(OAK V;EW SCHOOL)j MAN IRELL OR R3 T22, R I R3 ' I Of C4: 8 u URIRI I eARrGN DR3 RI RI J RI g R3 aRD - n/o.00 To R I $ I � R3 W L« K a: K K 9 IS R A al OyO 3 R3 •EJ/«a ro '�`I aaD•Tot R3 R3 $ R3 R3 '� - AVE I Fl «. C4 R MH cn jeeo+ro t G4, y 4o 5PEER RA a MI R2 M I M I M I R3 j a R3 � �e = SCOW u NEIAMANIN MI Y R2 a N C W . C RONALD DR. R2 Z R5lz _ °� p - R R3('R3 a R2 ca R7 R3 R5 330 HIS TALBERT AVE AMD IY rxc HUxI"crox NALN NwM+..c DEn. DIN IY�_. ,2 PLANNING ZONING DM 32 SECTIONAL DISTRICT MAP 27-5-II -- ADOPTED AUDI'3T 15. 1960 VIS CITY OF CITY COUNCIL ORDINANCE N0 795 aVi„w[a TO r lTENOWAN O T.E CENTER'DF 4ME S AMENDED ORDN0. AMENDED ORDNO. LEGEND:D /-20-1984 IO4B 12-I6-BB 1180 CE R[lGIOE`TYLLYGIR—RAL DISTRICT E E9GExi14 D4TRI[i S-IB-1984 IOS6 2-3-68 I/BB LIYrtED wu"PLE—L'RESIDENCE DISTRICT HUNTINGTON BEACH °B/ 062 3-� I.B2 IRCORNNAT CON ENCIll DISTRICT 9-21-1984 1063 6-IB-8p 1607 TWO lAMIL RElNEKE Dlsmltr 12.21.1981 1107 12-8-69 1541 10111U COUYERCML DISTRICT I-/-19fiS 1111 12-8-69 1543 Cowwuxrtr FACrLIrIFSIEDut•n4xl DISTRICT I-IB-Ip65 1117 II-16-70 1612 COMMUNITY FACILITIE5IRECREATIONALI OISTRICr ORANGE COUNTY, CALIFORNIA ` 101965 62 10 1a-865 112 6-2 .1968 1218 SUFFIX LEGEND: AMENDED BY ZONE CASE 10-8-8-1966 1249 1 413,426,428,445,/71,183,488,488,505,327,66-I8,88-31,68-45 9- 263 5-196"Is 7 1345 --- SETBACK LINE 67.18,68-38,68.42,68.47,69-1,69-15,69-12.69-31,70-15, I-IB-1969 1436 21 24 22!! [a[T n 44 WARNER AVE. I II I L R3 R3 = �',L} F i .,' C2 R' R3 ° �5y R3 _ T azoE 4G H R3 KID RS R3 k3 1 SUMYFADALE R 2 R 3 R I CF-R.1 RI �W 15 RI RI ' CF-E $ E "` RI RI u RI WRE." ON mC2 $^ aR _ (LARK VIEW SCHOOL.t - RI RI M C ROSEMONT OR SE IBA INEE6ORN DR RI RI D. _ RI 3 RI PALO ALTO DR. • NENA DR. I ILDA CR OR 3 RI 3 RI CF-E 6 CA IL REMIIKr.cN IarnaEN vmw 6CRc'OL u 3 RI RI RI R. RI RI RI 3 W � R 1 MMOELLENA D R a RI 90N0M4 ° RI "" "R " RI RI RI o R I MA S & J B RI g RI ForD ul z WW Q a CR. DR. ¢ eNCKrx DR NANMATTAN L OR Wf a I RI RI RI RI "> RI < RI =_ RI13 B RI RI RI tt RI RI POINT COMA DR. - SANTAa YNE W CUPr pR. RI aPIouRO OR R I R I R I RI RI 3 RI SLA ER RII a rx A.of RI RI' fEN..FY �. : CRIlTA P•LYA DR. RI 8 RI WJDI RMUTWOOO CRJ CF—E `'F j8 Y. Y14 AROEIIx, RI J RA RI RI (NDPE YiEW SORODL' CF-E YC C•RTNr DR R I R I YA CR. IN-A VIEW--C-L) E OOR I KELLEY u x Rl g RI RRI veBICA. CR A CARONA RI •LIPE•x OR •g g g g o" _ RI RI s R I oRIN DR R I RI R I R I R I RDrx[a DR R I ROIx[e F RI nDROWNEAO R I a Pj VILLA "I— RI RI RITC1 RI W RI RI RI iC WIRTERG"EEN OR FALL NGWATER DR RI RI RI RI RI - RI R1 RI . r KIBEP ATCMEP OR Y` RI RIB YRI RI g RA 3 s•LYORALd RI RI $RI - w i RI III RI + 0 RRI RI RARI W Z RI N RI RI4 4a, —_II [EIS a d TALBERT AVE. zs zT n[e a!!A !4!a PLANNING ZONING DM 38 SECTIONAL DISTRICT MAP 34-5-11 IEE. NOTE ADOPTED AUOU9T 15, 1960 4E Do x51AD�N-NO 1x FEET CITY OF ANY TE° °` -" RIGH OF T CITY COUNCIL ORDINANCE N0. 766 I11 I�ED TO EOF XTEXT To THE CENTER AMENDED ORD.NO. AMENDED ORD,NO. LEGEND EE —IDENT 9WKLLTDRAL 11"IT 6-5-1965 .970 COYmEO N pE PRODUCTION HUNTINGTON BEACH 0-53-69 .113267 I� C011&xED WITH 09 DISTRICT 12-5.1966 .1271 � 5" PNW-RESIDENCE OI 2-3-69 N6T [YTJ u9NT Ix9usTRUE o14TRlcr sr 6-26-70 1576 10-19-70 I606 ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE: 313.505,66-49,66-46.TO-6,70-10 n ea TALBERT AVE. CITY _ OF HUNTIN A H 1420 a RI RI5 RI RI RI RI H 60. RI j/ 9Nw RA-0 RA-0 PRA RA-0 N 99•42'51-W 9a9.ao' R H IS IS Y2 ro i O . RA-01 w RA-0 x99•41•51•w 7- - OF $ RA-0 - MI W 0 9 3 Z RA-OI x RA-OI ; ^aLAO R O 36 6 p 99• Y>s GARFIELD AVE. 9 a PLANNING ZONING' DIM 39 SECTIONAL DISTRICT MAP 35-5-II «E, NOTE: ADOPTED MARCH 7, 1960 ALL DIMENSIONS ARE Ix FEET CITY OF CITY COUNCIL ORDINANCE N0 734 o`r ISV DT a11IN6 ur n MiToNODE 0°f TE T OT'S CEVER AMENDED ORD,NO, AMENDED 9BG�1Q *11 LEGEND 9-8-80 790 2-17-69 1475 ® RESCENTIA. DISTRICT 10-3-80 T95 a-16-BB IBOB = -DISTRICT HUNTINGTON BEACH 11 T-so TSB 9-2-fig 322 ® ,OM INDVSTRIIL O1srE'Co's Rcr 12-I9-80 BOB 10-19-To I606 Coxwnrtr BuslxE95 DISTRICT B-15.81 B39 ® r s[re4cx L IO.2.81 870 ® S c�E FA DENc 11:6:61 876 ® DISTR ICTEa ORANGE COUNTY CALIFORNIA 3-7-62 B99.9D0 ® L4DTF.M,LY REa1DExDY DISTR1`r e-IB-62 908 B-8.62 91B Q MITEO MOLTIPLE FA RESIDENCE DISTINCT AMENDED BY ZONE CASE: 11-19-62 931 l� wONKAY COMMERCIAL Ill.126,127,130,133.134,138,141.149.196,212.237,238 1-1 -83 B46 56 230,258,274,293.429.505,542.6727.60-15.68-54,69-11,69-21,70.10. B-18-65 1132 SUFFIX LEGEND: •.5-65 :0 I-IT-88 1182 ® COMBrID MYN OIL mmKTKM 2,tE 12"I8-67 '373 -OQ 6-17.68 14i, COMBIHCD WITH Da PROOOCTIOx 26 23 S]6 TALBERT AVE. L 11 11 � MI g ao m 4YE 31 M I RA C4 IF I. C2 RA-0 M I M I T4YLOp -I S,YiO N.LIME TR.aSea I So _ RI RI , MI ONTARIO DR M C 2 IF Z n I& _ RI R� x oo.e IS QUEBEC DR RI RI S I5 s.I R I RI I ea.l e RI R3 D. � ALBERTA ? j; zo °R z RI Z Y ON pp ER4NKLIN n Dfl ----T C4 g IW R1 Mla $: , . MI E S EXTENDSm-No er R RI M I k M2-01 1 7 ] MI m I R3 C 2 C2 i R5 e,So' RA-0 coMMoRD000$R3 M2-0 R3 l2a,a TO f R 5 M I-0 R3 R5 EIS SO R2 R5 300 N ERNE9T AVE Rs $ " - R5 R R3 C41 3� R5 1263e( N t 12a,5 To f aoo 8 w i3 aafx •Da R5 aoo RA-0 MI-0 MI-0 S tir2-ol. L, w aO fl o I a R5 RSA RG R2 - w a m V R5. so R5 ° R2 $ 0 -RA-0- R 5?^ _ RA-01 1 GARFIELD AVE ! 2 2 xWAAFO n R4 MOMIWrpI Nbl xANeNO pFFI. A "LANNING- DM 40 SECTIONAL DISTRICT MAP 36-5—II r�x MEEx, NOTE C�4EN3'oNs AnE :EEE,. CITY OF ADOPTED—JUNK_e0,1960 �'Vc«�•o��w�w� .E EL.�,n _ E41 CITY—CODNCIL ORDINANCE IM 771 LEGEND: YA ENDED—ORD.N ANKH= ORD,NO. ®.EwoLE FAMILY RE.IDENu D13TRICT HUNTINGTON BEACH iD21-1961 903 1.2-67-_- 1361 0�NorE A- 6.7-196e 200 a-1e-67 1321 ©woMNSY CON.M.AL DISTRICT ae1-186e 9oa N•eo-a lael ®�°A°'�'f10M"L amM:T 8-18-1962 908 5-1-67 1318 _®uMRED NATPLE FAMILY RESIDENTIAL 3xR- 1-21-1963 946 1e-2-TO Nell E TN9-1.RE31 -.— I-IO-1994 1031 RE TY—TNEMw�TCN>oarnler ORANGE COUNTY CALIFORNIA 6-19.1964 1066 SUFFIX LEGEND: � 4-a-1966 uae � AMENDED BY ZONE CASE: 3-214966 1192 _--rMaNr nMo AlTEAEM LIME 206,237,239,230,297.366,431.506,546.66-58 v=R®SE PLAN OF sT4n ALMANNI1r 67.10,368.PP 67-1.69-36. ze a t3 3D Av TALBERT AVENUE JI L 30o RI RI RI RI p C4 AOYs IIAD[M-Ol r. WREST CF`AE S0*1J t RI RI RI W WRI j-AANnIw 0 N O _- m RI n T RL ING AVENUE RI RI RI RI RI $ LINER A NINER AV RI RI TAY LG R Ir OR iRI s r RI RI — R ! € < R2 Ji - 7 .," R !C4 RA tl) "T R2 NRI R1 R2 �R2 132 cao RI } i R3 >r R3 I i C4 MH MODALE DR. R3 4 CONSTANTINE - 4 z • w R3I µa LC4 R-I r i pp 440: $ R I K u M Mnw R-1 GARFIELD AVENUE 3E s e3 3 s PLANNING GENERAL PROVISIONS Article .976 - Contents S . 9763 . 1.6 Temporary On-Site-Feature Signs . Standards and Specifications S . 9763 . 2 Signs Behind Setback S . 9763 .3 Signs Within Setback S . 9763 .4 Nonconforming Signs and Other Advertising Devices S . 9763 .4 . 1 Determination of Amortization Period for Non- conforming Signs S . 9763 .4 . 2 Destruction of Nonconforming Signs S . 9763 .4 .3 Application to Extend Use of Sign S . 9763 .4 .4 Variances S . 9763 . 5 Signs on Nonconforming Property S . 9764 . PERMITTED 'SIGNS . DISTRICT REGULATIONS S . 9764. 1 Residential Districts S . 9764 . 1. 1 Identification Signs on Residential Developments S . 9764. 1. 2 Identification Signs on Apartment Buildings S . 9764. 1.3 Identification Signs on Mobile Home Parks S . 9764. 1.4 Height and Projection S . 9764 . 1.5 Real Estate Signs S . 9764 . 1.6 Temporary Directional Signs S . 9764. 2 Permitted Signs in Office-Professional and Cl Districts S . 9764 . 2. 1 Signs Within the Setback S . 9764. 2. 1. 1 Maximum Sign Area for Signs in Office-Professional District S . 9764 . 2. 1 . 2 Maximum Area for Signs in the Cl District S . 9764 . 2. 1.3 Maximum Height in Office-Professional and Cl District S . 9764 . 2. 1.4 Minimum Sign Area in Office-Professional and Cl District S . 9764 . 2. 2 Signs Behind the Setback S . 9764 . 2.3 Roof Signs Prohibited S . 9764 . 2.4 Combination Signs or Freestanding Signs S . 9764 . 2. 5 Placement of Attached and Combination Signs S . 9764 .3 Permitted Signs in C2, C3 and C4 Districts S . 9764 .3 . 1 Signs Within the Setback S . 9764 .3 . 1. 1 Size of Signs S . 9764 .3 . 1. 2 Distance Between Signs S . 9764 .3 . 2 Maximum Height S . 9764 .3 .3 Ground Signs S . 9764 .3 .4 Signs Behind Setback Line S . 9764.4 Signs Permitted in Industrial Districts S . 9764 .4 . 1 Signs Within Setback Line S . 9764.4. 1. 1 Freestanding or Combining Sign S . 9764 .4. 1. 2 Size of Signs S . 9764.4 . 1.3 Maximum Height S . 9764.4 . 2 Signs Behind the Setback Article 976 - Contents GENERAL PROVISIONS PLANNING S . 9764 . 5 Real Estate Signs S . 9764 . 5. 1 Real Estate Signs Permitted in R1 , Rl-PD5 and R2 Districts S . 9764 . 5. 2 Real Estate Signs Permitted in R3 and R4 Districts S . 9764 . 5. 3 Real Estate Signs Permitted in Office-Professional District S . 9764 . 5.4 Real Estate Signs Permitted in Commercial and Industrial Districts S . 9764 . 5. 5 Real Estate Signs Permitted all Other Districts S . 9764 . 5.6 Open House Signs S . 9764 . 5 . 7 Real Estate Signs S . 9764 .6 Outdoor Advertising S . 9764 . 7 Temporary Signs - Bonds Required S . 9764 .8 Community Service Signs S . 9765 Structural Design and Construction S . 9765. 1 Computation of Sign Area S . 9765. 1 . 1 Signs Having Borders or Frames Except Facade Signs S . 9765. 1 . 2 Signs Not :ia,7ing Borders or Frames and Facade Signs S . 9765. 1 .3 Three-Dimensional Signs S . 9765. 1 .4 Double-Faced Signs S . 9765. 1. 5 "V" Signs S . 9765. 2 Design S . 9765. 2. 1 General S . 9765. 2. 2 Wind Loads S . 9765. 2 .3 Seismic Loads S . 9765. 2.4 Combined Loads S . 9765. 2. 5 Allowable Stresses S . 9765.3 Construction S . 9765.3 . 1 General S . 9765.3 . 2 Materials S . 9765 .3 .3 Restrictions on Combustible Materials S . 9765. 3 . 3.1 Materials for Ground Sims S . 97e5.3 . 3.2 Noncombustible Materials Required S . 9765.3 .4 Nonstructural Trim S . 9765.3 . 5 Anchorage S . 9765.3 . 5..1 Anchorage of Portable Ground Signs S . 9765.3 . 5.2 Anchorage of Signs on Masonry, Concrete or Steel S . 9765. 3 . 5.3 Wooden Blocks or Plugs Prohibited S . 9765. 3 . 5.4 Signs on Parapet Walls G S . 9765.3 .6 Display Surfaces S . 9765.3 . 7 Approved Plastics J FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Corrections made 11/13/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE S. 7%l S . 7561 S . 9312.4 S . g312.4 S . ;853 (e) S . 9 53.1 PUBLIC PLACES BEACH & PIER S . 7561 ARTICLE 756 ENFORCEMENT (561 EFPFECT AND ENFORCEMENT . Any violation o C' any provision,,; o I' this Chapter shall subject the violator to ejection (:'rorrm the premises of the area in which violation occurs . This chapter shall be enforced by the Director of Harbors and Beaches and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this chapter takes place . S . 7562 PENALTY. Any person violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and subject to a fine of not more than Five Hundred Dollars ($500.00) or be imprisoned for a period not to exceed three (3) months, or by both such fine and imprisonment . (1084) S . 7563 APPEAL. Any person dissatisfied with the decision of the Di ector of Harbors and Beaches in the areas of discretion on .his part under this chapter, .may appeal his decision to the City Administrator, may appeal said decision to the City Council by notice in writing to that effect within 10 days from the date of the decision appealed from. S . 7564 SEVERABILITY. If any section, subsection, subdivision, Para- graph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , subdivisions, paragraphs , sentences, clauses or phrases are declared unconstitutional. r .1 PLANNING HIGH DENSITY. RESIDENTIAL DISTRICTS S . 9312.4 S . 9312.4 Private Streets or Driveways . In order to provide suf- ficient driveway widths for traffic flow and maneuver- ability, the standards set out in Section 9312 and its subsections and the following standards shall apply: (a) If vehicles can park parallel on both sides of a. street or drive- way, the minimum paved width of such street or driveway shall not be less than forty (40) feet . (b) If venicles can park parallel on only one side of a. street or driveway, and if the opposite side of such street or driveway is used for parking other than parallel parking, then the minimum paved width of such street or driveway shall not be less than thirty-three (33) feet . (c) If a street or driveway serves as the primary access to or within a Planned Residential Development, and if enclosed parking other than parallel parking is provided on both sides of such street or driveway, and if such street or driveway is in excess of one hundred fifty (150) feet in length, then the minimum paved width of such street or . driveway shall not be less than twenty-eight (28) feet . (d) If a street or driveway does not serve as primary access to or within a Planned Residential Development, and if open .or enclosed parking other than parallel parking is provided on both sides of such street or driveway, and if such street or driveway is one hundred fifty (150) feet in length or less, then the minimum paved width of such street or driveway shall not be less than twenty-five (25) feet . (e) A street or driveway exceeding one hundred fifty (150) feet in length which terminates within a Planned Residential Development shall be provided with a curbed turn-around having a radius of not less than twenty (20) feet . (f) No encroachments shall be constructed over streets or driveways within a Planned Residential Development except for roof overhang or eaves above a height of fourteen (14) feet, which may project not more than a maximum of four (4) feet over such streets or driveways . (g) When streets or driveways are adjacent to the exterior edge of the property line of a Planned Residential Development, an additional two (2) feet shall be provided between the curb and such property line at locations where parallel parking has been proposed . S . 9312 .5 Curb Radius . The inside curb radius on turns for private streets and driveways shall be twenty-five (25) feet . S . 9312 .6 Construction of Private Streets and Driveways . Construc- tion of base, paving, curbs and gutters of a 1 private streets and driveways shall be approved by the Department of Public Works . F '44. S . 9312.7 HIGH DziiSITY RESIDENTIAL DISTRICTb PLANNING S . 937.2.'7 Street Lighting. The developer shall install a lighting sy:, -em on private streets f.qual in illumination to lighting on public streets and as approved by the Department cal' Public Works . S . 9312.8 Off-Street Parking. Off-street parking shall be supplied in the same ratio required for the district or districts in which such development is proposed to be located . All parking spaces, lots, compounds and structures shall conform to Article 979 and be conveniently accessible to the dwelling units they are designed to serve . S . 9312.9 Recreation, Leisure and Open Space Areas . Minimum square footage of usable open space for recreation-and leisure use shall be as follows: DISTRICT SQUARE FEET PER UNIT R1 1200 R2 400 R3 300 S . 9312 .9. 1 Indoor Recreation or Leisure Areas . Recreation or leisure areas that are provided within a building may be utilized to fulfill not more than fifteen percent (15%) of the minimum usable open space requirement . I S . 9312.9.2 Private Waterways . Private waterways may be utilized to fulfill the minimum usable open space requirement, but a minimum of thirty-five percent (35%) of the required open space areas for each unit shall be in open land areas . S . 9312.9.3 Recreation and leisure areas may include game courts or rooms, swimming pools, sauna baths, private dock areas, gardened roofs or grounds, putting greens, play lots, or other areas serving all the residents of the development, but shall not include private patios, balconies, decks or other areas used solely by the resident of an individual dwelling unit nor areas used exclu- sively for vehicular access . S . 9312.9.4 The minimum square footage requirements for usable open space as set out in Sections 9312.9, 9312 .9. 1, 9312 .9.2 and 9312 .9. 3 shall not be considered to fulfill any require- ments of Article 974 or 998, relating to park and recreation facilities . S . 9312.9.5 Irrigation Plan . Prior to the issuance of a building permit, a complete irrigation plan of the landscaping and a statement setting forth the method by which such irrigation shall be preserved and maintained shall be submitted to and approved by the Board of Zoning Adjustments . PLANNING ADMINISTRATION S . 9853 . 1 S . 9853. 1 Factors to be Considered. in Applying Design Criteria. The Board shall consider the following factors in applying criteria to a design being consid.ered .under this article: H(::i.rrht, location, btal_k., areri., mri.tcr:i.�._l_, type and va:r at.-Ioll,; in :1.1-1y ,;i,ruct;ure, fr_ic-LI.ity, larld"'C'up:i.nr; or ;;ide red . (b) Site layout, orientation and relationship to open areas , topography and existing or proposed structures in the surrounding neighborhood . (c) Sign design and its relation to the proposed use and surrounding neighborhood . (d) The probable useful life of other structures on the site and in the immediate area. (e) All applicable provisions of Division 9. (f) Relation of the proposed use to other existing and proposed facilities . (g) Any other factors which the City Council may deem relevant . S . 9853.2 Recommendations of the Board Limited . The Board shall not make recommendations inconsistent with any other portion of Division 8 or 9 of the Huntington Beach Ordinance Code in considering an application for design review. FULL CODE HUNTINGTOn BEACH ORDINANCE CODE CHANGES (Effective 11/19/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapters-Articles (Contents) Chapters-Articles (Contents) s. _)1o6.2.1.2 s. glo6-2.1.2 s. 9161.3.5.1 S. !j161.3.5.1 S.. 1)202.3.1.2 S. 9202.3.1.2 CONTENTS CHAPTERS - ARTICLES DIVISION 3 - HEALTH CHAPTER 31 - SANITATION Article 311. Trash 312. Flies 313. Dust & Industrial I-Taste 314. Waste Water . 315. Water Pollution Regulations CHAPTER 32 - REFUSE DISPOSAL Article 321. General 322. Definitions 323. Collection Vehicle & Refuse Containers 324. Refuse Collection 325. Fees 326. Certificate of Public Need & Necessity CHAPTER 33 - FOOD Article 331. Food Establishments 332. Lunch I-Tagons CHAPTER 34 - WATER DEPARTMENT Article 341. Creation of Water Department 342. Service Connections 343. Fees, Fates and Deposits 344. Regulations Applying to Use of eater 345. Extension of I-later Mains CHAPTER 35 - SANITATION DEPARTMENT Article 351. Creation of Sanitation Department 352. Sewer Connections 353. Fees and Deposits 354. Extension of Sex7er Mains CHATTER 36 - MISCELLANEOUS Article 360. Mobile X-Ray Units PLANNING LOW DENSITY RESIDENTIAL DISTRICT S . 9106. 2. 1. 2 S. 9106.2. 1.2 Garage Front Setback. Garages which side on the front setbacks of lots on which they are situated may have their sides set back not less than ten (10) feet from the front of said lot. S. 9106. 3 Lots Abuttina Arterial Hi hwa s . When a lot abuts upon an arterial highway and an alley or local street, access to all garages, carports, or parking spaces shall be from such abutting alley or local street only and not from the arterial highway. When a lot abuts two arterial highways , access shall be subject to review and approval by the Director of Public Works . (1129) S. 9106.4 Gara es Facina a Street. Any parking space in the front one-half of the lot shall be in a fully enclosed building equipped with a door to provide for its complete enclosure. S. 9106.5 Parking in Front of Dwellings . There shall be no equip- ment, machinery, or trucks--oT rated capacity in excess of three-fourth ton parked or stored on private property in front of a main dwelling. For the purpose of this section, main dwellings shall include attached and detached garages and incidental buildings . Boats on trailers, boat trailers, single-axle travel trailers and campers mounted upon a vehicle not exceeding a rated capacity of three-fourth ton, may be parked or stored on private property in front of a dwelling, provided: (a) The parking or storage area has a paved or graveled surface; and (b) The above mentioned trailers and vehicles have current, valid licenses; and (c) The area around said trailers and vehicles is kept clean and free of trash, debris and parts, and in a condition which does not tend to depreciate the value of the surrounding properties or to tend to cause, visual pollution or blight, or tend to degrade the neighborhood. Upon persistent failure or refusal of the property owner or tenant to clean up the site or maintain the site in a clean condition and free of trash, debris or parts, and in a condition which may tend to depreciate the value of the surrounding properties or to cause visual pollution or blight or tend to degrade the neighborhood, the Board of Zoning Adjust- ments, upon request of the enforcing agency, may set a hearing pursuant to the provisions of Section 9814 of this code, for the purpose of determining whether any of the above conditions exist. Upon a determin- ation that any such condition exists, the Board may order the immediate cessation of parking or storing of any or all of the above trailers or vehicles on the site. (1608-10/70) i S. 9106.6 LOW DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9106. 6 Minimum Driveway Requirements. All private driveways or riveway easements shall meet the following requirements : (a) Driveways less than 100 feet in length shall maintain a minimum clear width of 10 feet. (b) Driveways and driveway easements 100 feet to 150 feet in length shall maintain a minimum clear width of 20 feet. (c) Driveways and driveway easements exceeding 150 feet in length shall be provided with a turn-around located at the end of such driveways or driveway easement and said turn-around shall be a cul-de-sac or hammerhead having a minimum width of 40 feet. PLANNING LOk DENSITY RESIDENTIAL DISTRI.,,S S . 9161.3 . 5. 1 S . 9161.3 .5.1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. S . 9162 R2 ZONE, PROPERTY DEVELOPMENT STANDARDS. S . 9162.1 Minimum Lot Area . The minimum lot area shall be 6000 square feet for interior lots and 6500 square feet for corner lots . S . 9162.1.1 Exceptions . S . 9162.1.1.1 Any parcel of land existing on June 5, 1946, the effective date of Ordinance 495, and held under separate ownership on that date may be used as a building site . S . 9162.1.1.2 Any parcel of land which is under one ownership and consists of 2 or more lots , each having less than 5000 square feet, shall be considered a legal building site , provided the following conditions are met : (a) The combined total square feet of said lots shall equal or be more than 5000 square feet. (b) Said parcel of land shall abut a dedicated street or vehicular easement. Said easement shall meet the requirements of Section 9166 .9. (c) Said lots were recorded prior to June 5, 1946 , the effective date of Ordinance 495. S . _9162.2 Minimum Lot Width and-Frontage : The minimum lot width shall be sixty (60) feet for interior lots and sixty- five (65) feet for exterior lots . The minimum frontage shall be forty-five (45) feet for cul-de-sac and knuckle lots . (1315) S . 9162.2.1 Width Determination. S . 9162.2.1.1 Rectangular Shaped Lots . The width shall be measured along a line equidistant to and twenty (20) feet from the front property line. S . 9162.2.1.2 Cul-de-sac, Knuckle or Similar Lots . The width shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line . S . 9162.2.1.3 Cul-de-sac Lots Siding Onto Another Street, Freeway, Channel or Similar Properties . S. 91.62. 2. 1.4 L014 DENSITY RESIDENTIAL DISTRICTS PLANNING S. 9162.2. 1.4 Calculations Submitted. In all cases , a l:icen:.ed l;.111d surveyor or civ1 engineer shall submit c;alculrati.ons sliow- ing lot widths, depths and areas . (1469) S . 9162.2. 2 Exceptions . Any legal building site, as provided in 9162. 1-.-need not meet the required minimum lot i•.ridths . � S . 9162.3 Maximum Density. The maximum density shall not exceed one dwelling unit for each two thousand (2000) square feet of lot area, provided not more than nine (9) dwelling units are located on any one parcel of land. S . 9162.3. 1 Use Permit Re uired. Ten (10) or more dwelling units may be permitted on any one parcel of land containing sufficient area subject to approval of a use permit. S. 9162.4 Lot Coverage. The ground floor area of all roofed struc- tures on lots not abutting a park, recreation area or open land shall not occupy more than 50 percent of the lot area. The ground floor area of all roofed structures on lots abutting a park, recreation area, or open land shall not occupy more than 55 percent of the lot area. S. 9162. 4. 1 For the purpose of this Section, open land includes golf courses, schools, public utility rights-of-way, and flood control rights-of-way that provide a minimum 100 feet in clear width. S. 9162.5 Distance Between Main Dwellings . The minimum distance between the exEe-Hr—orwalls of main dwellings on the same lot shall .be 15 feet, except as provided in Section 9162. 5. 1. S . 9162. 5. 1 Exceptions . S. 9162.5. 1. 1 Alleys or Drives. Where an alley or drive is provided between structures on the same lot, the minimum distance between the exterior walls of the buildings shall be increased equal to the width of the alley or drive. Said alley or drive shall be subject to the requirements of Section 9166.9. S. 9162. 6 Maximum Building Hei ht. The maximum building height shall not exeed thirty ( Feet, and shall not exceed two (2) stories . (1512) S. 9162.6. 1 Exception. Building Height. A maximum building height of three stories, with a maximum height of thirty-five (35) feet, may be permitted. S . 9162.6. 1. 1 The exterior wall of any three-story building shall be set back one hundred (100) feet or more from the property line of any single-family residential development except that such setback may be eighty-five (85) feet where such three-story building site is separated from such single-family residential development by. parking structures, such as carports or garages, constructed on a common property line, or except where said three-story building site is separated from such single-family residential development by a public right-of-way, school, golf course, public utility right-of-way, flood control right-of-way or channel, which is sixty (60) feet or more in clear width. (1609 - 10/70) PLANNING HIGH DENSITY RESIDENTIAL DISTRICTS S . 9202.3 . 1. 2 S. 9202.3. 1.2 Any lawfully created lot which consists of 5000 square feet or more may be occupied by 4 dwelling units . S . 9202.3. 1.3 Twenty or more dwelling units may be permitted on any one parcel of land containing sufficient area subject to the approval of a Use Permit. S. 9202.3.1.4 Any development which extends 150 feet or more from a street may be permitted, subject to the approval of a Use Permit. S . 9202.4 Lot Coverage: The ground floor area of all roofed struc- tures s a not occupy more than 60 percent of the lot area. S. 9202. 5 Distance Between Main Dwellings. The minimum distance between the exterior wa s o main dwellings on the same lot . shall be 15 feet except as provided in Section 9202. 5. 1. S. 9202. 5. 1 Exceptions . S. 9202. 5. 1. 1 Alleys or Drives . Where an alley or drive is provided between structures on the same lot, the minimum distance between the exterior walls of the buildings shall be increased equal to the width of the alley or drive. Said alley or drive shall be subject to the requirements of Section 9206.9 . S. 9202. 6 Maximum Building Height. The maximum building height shall not exceed thirty feet, and shall not exceed two (2) stories . (1512) S. 9202.6.1 �Exception. Building. Height. A maximum building height of �ee�—stories with a maximum height of thirty-five (35) feet may be permitted. (15 L) S. 9202. 6. 1. 1 The exterior wall of any three-story building shall be set back one hundred (100) feet or more from the property line of any single-family residential development except that such set- back may be eighty-five (85) feet where such three-story building site is separated from such single-family residential development by parking structures, such as carports, or garages, constructed on a common property line, or except where said three-story building site is separa- ted from such single-family residential development by a public right-of- way, school, golf course, public utility right-of-way, flood control right-of-i--aay or channel, which is sixty (60) feet or more in clear width. (1512, 1609-10/70) S . 9203 R3 ZONE YARD REQUIREMENTS . All yards shall be measured either from the existing property line, the ultimate right-of-way line as adopted on the Master Plan of Arterial Streets and Highways and any amendments thereto, or any precise plan of a street and/ or alley alignment, whichever may be the greater. I S. 9203. 1 HIG1- DENSITY RESIDENTIAL DISTRICTS PLANNING S. 9203. 1 Front Yard. The minimum front yard shall be 10 feet ex- cept as provided in Sections 9203. E and 9206. 5. S. 9203. 2 Side Yard. S . 9203.2. 1 Interior Side Yard. (1512) (a) The minimum interior side yard setback for single-story and two- story dwellings shall be ten percent (10%) of the lot width. Said side yard setback need not exceed five (5) feet, and shall not be less than three (3) feet. (b) The minimum interior side yard setback for three-story dwellings shall be ten (10) feet. S. 9203.2. 1. 1 Exception. Zero Side Yard. The side yard setback may be zero on one side of the lot provided that: (a) The lot adjacent to that side yard is held under the same ownership at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero or not less than ten (10) feet; and (b) The opposite side yard setback is not less than ten (10) feet and is perpetually maintained free and clear from any obstructions other than a three (3) foot eave encroachment; swimming pools ; normal land- scaping; removable patio covers which may extend to and not more than five (5) feet of the side property line; or garden walls or fences crossing said setback provided they are equipped with a gate, and may equal in height to first floor double plate but not exceeding nine (9) feet; and (c) The wall located at the zero side yard setback is constructed with maintenance-free,solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance- free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches. Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent side yard by the wall located at the zero side yard setback. The wall so constructed shall intersect rear property lines ; and (d) No portion of the dwelling or architectural features project over any property line; and (e) The dwelling is not constructed in accordance with the rear yard set- back exception allowed in Section 9203.3. 1; and (f) The zero side yard is not adjacent to a public or private right-of- way; and (g) Exposure protection between structures is provided according to the specifications of the Huntington Beach Fire Department and Huntington Beach Department of Building and Safety; and (h) An administrative review application, accompanied by a precise plan is submitted to the Board of Zoning Adjustments and approved or con- ditionally approved by the Board prior to issuance of Building per= mits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after reviewing said matter, may approve, conditionally approve or deny the precise plan. In its review the Board shall consider placement of all structures, building material and finishing of the wall constructed along the side lot line. (1469) FULL CODE - DIVISION 9 HUNTII%GTOL BEACH ORDINANCE CODE CHANGES (Updated 10/9/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE s . 91.66.4 s . 9166.4 10/21/70 S . 92o6.2.4 S . 92o6.2.4 10/21/70 S. 9236.5 S. 9236.5 10/21/70 S . 9250 S . 9250 10/8/7o S . 9430 S . 9430 lo/8/70 s. 9432 s. 9430.7 1o/8/70 S. 9432.6.1 S. 9432.5 1o/8/7o S. 9450 s. 9450 to/8/7o S. 9470 s . 947o 10/8/70 s . 9471.4.1 S. 9471.4.1 (c) 10/8/70 S . 974o s. 9740 Correction S . 9762 s . 9762 to/8/7o S. 976 .4 S. 9763.4 10/21/70 S. 972.5 S. 9764.5 10/21/70 s. 9814 S . 9814 io/8/70 PLANNING LO'v ,DENSITY RESIDENTIAL DISTRIu-.LS S . 9166 .4 So 9166 .4 Minimum Turning Radius for Required Parking Spaces . Every private garage , carport, or open parking space that is entered directly from an alley or drive shall be provided with a minimum turning radius of 25 feet. In no case shall any garage, carport, or open parking space obtaining access directly from the alley or drive be located closer than 5 feet from the edge of said alley or drive. The turning radius shall be measured from the closest portion of the door, doorway, or parking space to the opposite side - of fhe alley or drive . S . 9166 .5 Setback from a Street. Any carport or garage entered directly from a street shall set back a minimum of 22 feet from the ultimate right-of-way of said street. Said ultimate right-of-way as indicated on the latest adopted Master Plan . of Arterial Streets and Highways and any precise plan of street alignment shall prevail. (1222) S . 9166 .5.1 Exception. Garage Setback. In order to allow variation in the street scene, garage setbacks may be reduced to- not less than, nor more than, seven and one-half (72) feet provided that (a) An administrative review application, accompanied by a precise plan delineating all structures is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) The reduction of the setback is made during initial construction of the dwelling on the lot; and (c) The reduction of the garage setback is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and (d) The garage doors are equipped with automatic door .openers ; and (e) On-street parking is available for at least one (1) automobile in front of the lot for which the reduction is requested; and (f) The garage fronts on a street and is entered directly from that street. (1469) 9166 .5.2 Garage Front Setback. Garages which side on the front setbacks of lots on which they are situated may have their sides set back not less than ten (10) feet from the front of said lot. (1469) r S . 9166.6 LC DENSITY RESIDENTIAL DISTR_ L PLANNING S . 9166.6 Lots Abutting Arterial Highways . When a lot abuts upon an arterial highway and. an. alley or local street, access to all garages, carports , or parking spaces shall be from such abutting alley or local street only and. not from the arterial highway. When a .lot abuts two arterial highways , access shall be subject to review and approval by the Director of Public Works . (1129) S . 9166.6.1 Exception. Any lot or parcel, or combination of lots or parcels which abut upon an alley, arterial highway and. local street or an alley with any combination thereof, shall take access to all garages, carports or open parking spaces from such abut- ting alley only and. not from the arterial highway or local street . (1603-9/70) S . 9166.7 Garages Facing a Street. No more than 2 garage spaces shall face directly on any street; however, 1 add.itional garage space may be ad.ded for each additional 20 feet of premises frontage above 50 feet . 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 . S . 9166.8 Parking in Front of Dwellings . There shall be no boat trailer, machinery, truck or inoperable vehicle parked. or stored in front of a main dwelling. S . 9166.9 Minimum Driveway Requirements . All private driveways or driveway easements shall meet the following requirements . (a) Driveways less than 100 feet in length shall maintain a minimum clear width of 10 feet . (b) Driveways and. driveway easements 100 feet to 150 feet in length shall maintain a clear width of 20 feet. (c) Driveways and driveway easements 150 feet or more in length shall maintain a minimum clear width of 25 feet. (d.) Driveways and. driveway easements exceeding 150 feet in length shall be provid.ed with a turn-around. located at the end. of such driveway or driveway easement and. said turn-around. shall be a cul-de-sac or hammerhead. having a minimum width of 40 feet . PLANNING HIGH DENSITY- RESIDENTIAL DISTRICTS S . 9206 .2.4. S . 9206 . 2.4 Minimum Storage Space - Carports , One Hundred (100) cubic feet of fully enclosed storage space shall be pro- vided for each carport. S . 9206 .3 Parking Space Dimensions . S . 9206 .3 .1 Each garage or carport shall have a minimum net dimension of 9 feet by 19 feet. S. 9206 .3 .2 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. S . 9206 .4 Minimum Turning Radius for Required Parking Spaces . Every private garage , carport, or open parking space that is entered directly from an alley or drive, shall be provided with a minimum turning radius of 25 feet, In no case , shall any garage, carport, or open parking space obtaining access directly from the alley or drive be located closer than 5 feet from the edge of said alley or drive. The turning radius shall be measured from the closest portion of the door, doorway, or parking space to the opposite side of the alley or drive. S . 9206 .5 , Setback from a Street. Any carport or garage entered directly from a street shall set back a minimum of 22 feet from the ultimate right-of-way of said street. Said ultimate right-of-way as indicated on the latest adopted Master Plan of Arterial Streets and Highways and any precise plan of street alignment shall prevail, (1222) S . 9206 .5.1 Exception, Garage Setback. In order to allow variation in the street scene , garage setbacks may be reduced to not less than, nor more than, seven and one-half (72) feet provided that: (a) An administrative review application, accompanied by a precise plan delineating all structures is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) The reduction of the setback is made during initial construction of the dwelling on the lot ; and (c) The reduction of the garage setback is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and (d) The garage doors are equipped with automatic door openers ; and S . 9206.5 . 1 (e ) HIGH_ DENSITY RESIDENTIAL DISTRi 2S PLANNING (e) On-street parking is available for at least one (1) automobile in front of the lot for which the reduction is requested; and (b) The garage fronts on a street and is entered directly from that street . (1469) S . 9206.5 .2 Garage Front Setback. Garages which side on the front setbacks of lots on which they are situated. may have their sides set back not less than ten (10) feet from the front of said. lot . (1469) S . 9206.6 Lots Abutting Arterial Highways . When a lot abuts upon an arterial highway and.. an alley or local street, access to all garages, carports, or parking spaces shall be from such abutting alley or local street only and not from the arterial highway. When a lot abuts two arterial highways , access shall be subject to review and approval by the Director of Public Works . (1129) S . 9206.6.1 Exception. Any lot or parcel, or combination of lots or parcels which abut upon an alley, arterial highway and local street or an alley with any combination thereof, shall take access to all garages , carports or open parking spaces from such abutting alley only and not from arterial highway or local street . (1603-9/70) S . 9206 .7 Garages Facing a Street . No more than 2 garage spaces shall face directly on any street; however, 1 add.itional garage space may be ad.d.ed for each add.itional 20 feet of premises front- age above 50 feet . 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 . S . 92o6.8 Parking in Front of Dwellings . There shall be no boat, trailer, machinery, truck or inoperable vehicle parked or stored in front of a main dwelling. S . 92o6 .9 Minimum Driveway Requirements . All private driveways or driveway easements shall meet the following requirements: (a) Driveways less than 100 feet in length shall maintain a minimum clear width of 10 feet . (b) Driveways and driveway easements 100 feet to 150 feet in length shall maintain a minimum clear width of 20 feet . (c) Driveways and. driveway easements 150 feet or more in length shall maintain a minimum clear width of 25 feet . (d) Driveways and driveway easements exceeding 150 feet in length shall be provided with a turn-around located. at the end of such driveway or driveway easement and said. turn-around shall be a cul-de-sac or hammerhead. having a minimum width of 40 feet . 4 PLANNING H_ DENSITY RESIDENTIAL DISI GTS S . 9236 .5 S . 9236.5 Setback from a Street . Any carport or garage entered directly from a street shall set back a minimum of 22 feet from the ultimate right-of-way of said street . Said ultimate right-of-way as indicated on the latest adopted Master Plan of Arterial Streets and Highways and any precise plan of street alignment shall prevail. (1222) S . 9236.5. 1 Exception. Garage Setback. In order to allow variation in the street scene, garage setbacks may be reduced to not less, nor more than seven and one-half (7)) feet provided that: (a) An administrative review application, accompanied by a precise plan delineating all structures is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) The reduction of the setback is made during initial construction of the dwelling on the lot; and (c) The reduction of the garage setback is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and �d� The garage doors are equipped with automatic door openers; and e On-street parking is available for at least one (1) automobile in front of the lot for which the reduction is requested; and (f) The garage fronts on a street and is entered directly from that street . S . 9236 .5.2 Garage Front Setback. Garages which side on the front setbacks of lots on which they are situated may have their sides set back not less than ten (10) feet from the front of said lots . (1469) S . 9236.6 Lots Abutting Arterial Highways . When a lot abuts upon an arterial highway and. an a ley or local street, access to all garages, carports , or parking spaces shall be from such abutting alley or local street only and not from the arterial highway. When a lot abuts two arterial highways , access shall be subject to review and. approval by the Director of Public Works . (1129) S . 9236 .6 . 1 Exception. Any lot or parcel, or combination of lots or parcels which abut upon an alley, arterial highway and. local street or an alley with any combination thereof, shall take access to all garages , carports or open parking spaces from such abutting alley only and not from arterial highway or local street . (1603-9/70) S . 9236.7 Garages Facing a Street. No more than 2 garage spaces shall face directly on any street; however, 1 additional garage space may be ad.d.ed for each ad.d.itional 20 feet of premises front- age above 50 feet . 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 . . h S . 9236 .8 HIGH NSITY RESIDENTIAL DISTRIC, ,) PLANNING S . 9236 .8 Parking in Front of Dwellin&. There shall be no boat, trailer, machinery, truck, or inoperable vehicle parked or stored in front of a main dwelling. So 9236 .9 Minimum Driveway Requirements . All private driveways or driveway easements shall meet the following requirements : (a) Driveways less than 100 feet in length shall maintain a minimum clear width of 10 feet. (b) Driveways and driveway easements 100 feet to 150 feet in length shall maintain a minimum clear width of 20 feet. - (c) Driveways and driveway easements 150 feet or more in length shall maintain a minimum clear width of 25 feet, (d) Driveways and driveway easements exceeding 150. feet in length shall be provided with a turn-around located at the end- of such driveways and driveway easement and said turn-around shall be a cul-de-sac or hammerhead having a minimum width of 40 feet. R PLANNING Hl. .• DENSITY RESIDENTIAL DIST_ .'Ts S . 9250 ARTICLE 925 R5' nISTRICT OFFICE-PROFESSIONAL (807, 961, 991; 10763 1077, 1194, 134o) S . 9250 STATEMENT OF INTENT AND PURPOSE S . 9251 USES PERMITTED S . 9251.1 Professional Offices S . 9251.2 Use Permits S . 9251.2.1 Hotels , Motels and. Trailer Parks S . 9251.2.2 Service Establishments S . 9251.2.3 Public & Quasi Public Uses S .: 9252 YARD REQUIREMENTS ALL PERMITTED USES S . 9252.1 Front Yard. S . 9252.2 Side Yard S . 9252.3 All Yards S . 9253 DEVELOPMENT - ALL PERMITTED USES S . 9255 OFF-STREET PARKING S . 9250 STATEMENT OF INTENT AND PURPOSE. (a) This. district is primarily intended to provide hotel and. motel accommodations for transients and vacation visitors . It is further intended to provide, as a part of these accommodations, the necessary personal service establishments to serve transients and vacation visitors . (1172, 1600-9/7o) (b) The district is not intended to allow general shopping, merchandising, multiple-family dwelling units, mobilehomes or mobilehome parks . (1172, 1600-9/70) S . 9251 USES PERMITTED. The following permitted. uses and regula- tions shall apply. in the R5 District . All parking require- ments specified. shall include adequate ingress and egress in accordance with Commission policy. (1108) S . 9251.1 Professional Offices . Professional services may be located in professional business buildings . Professional offices are defined as offices for the conduct of any one of the follow- ing uses only: Accountant, architect, attorney, chiropractor, collection agency, dentist, engineer, insurance broker, optometrist, physician and surgeon, private detective, real estate sales , social workers , surveyor and. pharmacies . Diagnostic laboratories and. biochemical laboratories that do not exceed. Fifteen Hund.red (1,500) square feet in gross area are also permitted . _ (1600-9/70) r S . 9251.2 HIGH NSITY RESIDENTIAL DISTRIC PLANNING S . 9251.2 Use Permits . The following uses may be permitted in this district subject to an approval of a use permit appl_i_ca- tion by the Board of Zoning Adjustments . (1600-9/70) S . 9251.2. 1 Motels and Hotels . (a) Minimum lot area: The minimum lot area for motels and hotels shall be Nine Thousand (9,000) square feet . (b) Minimum frontage: The minimum frontage for motels and hotels shall be seventy (70) feet . (c) Location and access: All motels shall be located. on and. shall be accessible from an arterial highway which has been depicted on the Master Plan of Arterial Streets and. Highways . (1366, 1600-9/7o) S . 9251.2.2 Service Establishments . Service establishments are per- mitted in this District within a hotel, motel, or trailer park. In all cases, public access to these service establishments shall be by way of an inner court or lobby from the hotel, motel or trailer park. No direct public access shall be permitted. to the front yard. area or exterior side yard. area from said service establishments . (1172) (a) Service Establishments Defined: Service establishments shall include: Restaurants , cocktail lounges , barber shops , beauty shops, laundry or d.ry cleaning agencies, travel bureaus and magazine stands . S . 9251.2.3 Public and Quasi Public Uses . Churches , private clubs or lodges , private or• public educational institutions , rest homes, sanitariums, convalescent hospitals and hospitals . (1172, 134o, 1481) PLANNING COMMERCIAL DISTRICTS' 1I Ca ARTICLE 943 C2 COMMUNITY BUSINESS DISTRICT S . 9430 USES PERMITTED S . 9431 LIMITATIONS . ON PERMITTED USES S . 9432 SETBACK.ENCROACHMENT. AND OUTSIDE DISPLAY AND/OR STORAGE S • 9433 OFF-STREET PARKING S . 9434 YARD REQUIREMENTS S . 9435 DEVELOPMENT STANDARDS S . 9430 USES PERMITTED. The following permitted uses and regulations shall apply. in the C2 Community Business District, subject to approval of an Administrative Review M9-1/70) lication by the Board of Zoning Ad.justments.. (1029, 1108, 1194, S . 9430.1 .. All uses permitted in the Cl zone, under provisions of the Cl Regulations . S . 9430.2 The. following retail stores shall be permitted: (1532, 1602-9/70) A Automobile sales agencies, with incidental repairs and service . Automobile accessory dealers B Bakeries (not more than seven (7) employees and with all goods sold on premises ) . Bicycle sales Boat and. marine supplies C Clothing stores D Department stores E Electrical supply shops F Feed and fuel stores (entirely within a building devoted to retail . sales ) . Florist . shops Frozen food lockers (retail only) . Furniture Stores . H Hardware stores I Ice storage houses (limit capacity to five (5) tons ) . J Jewelry Stores L Liquor stores, and on-sale liquor establishments M Motorcycle dealers - with incidental repairs and service Mobile trailer sales S • 9430 . 3 COMMERCIAL DISTRICTS PLANNING N Newsstand.s P Paint stores Pet shops Photographic equipment and supplies Plant nurseries Plumbing supply shops Printing shops S Supermarkets S . 9430.3 Auditoriums, meeting halls, for fraternal and service organizations . S . 9430.4 Business colleges and private schools . S . 9430.5 The following services shall be permitted: A Animal clinics (no outside kennel runs or overnight care shall be permitted) . Animal grooming Automobile minor repair such as glass, shock absorber, muffler and brake replacement, etc . , but shall not include body shops or general repair shops . B Banks Blueprinting and photostating Bowling alleys, billiards, pool halls C Cafes and. restaurants Catering establishments D Dry cleaning establishments using no more than two (2) clothes cleaning units, none of which shall have a rated capacity in excess of forty (40) pounds , using cleaning fluid. which is non- explosive and noninflammable at a temperature below 138 degrees Fahrenheit. E Electric distribution, substations M Medical and. dental laboratories Movie theaters Music conservatories P Public garages S Saving and loan associations Skating rinks, ice or roller S . 9430.6 The following Uses May be Permitted Upon Approval of a Site Plan Application by the Planning Commission. 1. Establishments which offer on premise sale and. consumption of alcoholic beverages and those which offer live entertainment of customers . (135 ) PLANNING COMMERCIAL DISTRICTS S . 9430.1 S . 9430.7 Use Permits . The following uses may be permitted hi this district subject to approval of a use permit application by the Board of Zoning Adjustments: C Car Wash. Where gasoline sale is a significant part of the overall operation, the locational criteria for gasoline service station shall apply. G Gasoline service station, including limited tire display and. minor repairs . M Mortuary. (1549, 1602-9/70) S . 9430.7.1 Other retail uses and services not specifically provided for may be permitted subject to approval of a use permit application. (15495 1602-9/70) S . 9431 LIMITATIONS ON PERMITTED USES IN C2 DISTRICTS . Every use permitted in a C2 district shall be subject to the follow- ing conditions and limitations: (a) Storage shall be limited to accessory storage of commodities sold at retail on premises . (b) Products made incidental to a permitted use shall be sold only at retail on premises . (c) Not more than seven (7) persons may be employed. in such processing and treatment of products . The intent of this section is . to pro- hibit manufacturing in commercial districts . (1602-9/70) S . 9432 SETBACK ENCROACHMENT AND OUTSIDE DISPLAY AND/OR STORAGE OF MERCHANDISE: 395 s . 9432 . 1 Pur ose and Intent . The purpose and. intent of this Section is to establish regulations that will limit the type, height, and. bulk of structures and/or buildings permitted. within the required front and./or exterior side yard. setbacks . This Section is intended. to limit the outside display and/or storage of merchandise sold on premises to those items normally conducted. in the open. It is further intended. that one or more of the following criteria shall provide standards for which structures , buildings, display and/or storage may be permitted.: a Duration (temporary or permanent) b Landscaping to be provided c Method. of display and/or storage d. Amount of display and./or storage to be provided. in relation to the use, (size and location of area to be used) . e Guarantee of removal (temporary display and./or storage) f Vehicular and. pedestrian access g Visibility at driveway intersections h Off-street parking S . 9432.2 Non-conforming Display and/or Storage . Any non-conforming display and/or storage within the required setback shall be completely removed or changed to conform with the requirements of this Section within three (3) months after the time this Section takes effect or when such use becomes non-conforming. S . 9432.3 COMMERCIAL DISTRICTS PLANNING Any use made non-conforming by any requirement of this Section shall be made to conform with this Section or shall be completely removed within one year after the time this Section takes effect or when such use becomes non-conforming. S . 9432.3 Display and/or Storage Permitted.. Outside display and./or storage of the following items may be permitted. within or behind. the required. setback, subject to Administrative Review by the Board. of Zoning Adjustments . Said. review shall insure that the dis- play and/or storage is developed in a manner compatible with the intent of this ordinances (a) Merchand.ise which is offered. at special events such as grand openings, business anniversary sales, change of ownership or management and. change of business ad.d.ress . Approval is not intended. to be permitted for events such as clearance sales, weekly sales, specials, etc . (b) New tire display (not to exceed ten (10) tires . ) . c Sale of automobiles, boats , trucks, cycles, trailers, campers , mobilehomes, and. similar type vehicles; provided. that: 1. A landscape plan is submitted. showing a thrFe (3) foot wide strip of landscaping along the entire frontage . -Said plan shall provide for pedestrian circulation. The landscaping required herein shall be in ad.dition to the . landscaping required by Article 979 and. subject to tDe requirements con- tained therein. 2. All landscaping within five (5) feet of a public riht-of-way shall be submitted to the Department of Public Works for approval, according to the - latest adopted. landscaping standard.s . (d) New motorized. garden equipment display, subject to the landscaping requirements of Subsection (c) contained herein. S . 9432.4 Retail Merchandise . Outsid.e display and./or storage of the following items may be permitted. behind. the setback: �a� Rental equipment b Lumber (the height of which shall not exceed the screen wall height) _ (c) Sacked . fertilizer (the height of which shall not exceed the screen wall height) d Growing plants or nursery stock e Masonry items (brick, cement and stone) f Patio and lawn. type furniture g Utility trailer rentals S . 9432 .4. 1 Said display and/or storage shall be permitted. provided. they are behind the setback and screened from view on all S ides and rear by a six (6) foot higrh decorative masonry wall, bull-ding oi ;el; kph 1-7_ 1;�i 7'F��17 (-1 fttln l�IIF)J_i . �r _G[H },�l the use of fencing, . buildings , landscaping or any coinbina.ti.on thereaf, subject to Administrative Review by the Board of Zoning Adjustments . PLANNING COMMERCIAL DISTRICTS S . 9432.5 S . 9432 .5 Automobile Service Station Merchandise . The following items may be permitted within the required setback: (a) Miscellaneous items offered. for customer convenience and. other related incidental items such as oil, wiper blades , etc . Display of such items shall be limited to pump islands and adjacent to the building. S . 9432.6 . Structures and./or Build.in s . The following structures and/or buildings may be constructed within the required setback, subject to the conditions contained herein: S . 9432.6. 1 Automobile service station canopies , whether attached or detached which are intended for public 'cr,mfort and con- venience, may project over pump islands into the required setback to within five (5) feet of the front and./or exterior side; property line, provided said canopies maintain a minimum ground clearance of twelve (12) feet above the center line grade of the adjacent street . Maximum pitch of gabie canopies shall not exceed 4 in 12 with a maximum peak rise of four (4) feet. S . 9432.6.2 Automobile service station pump islands may be constructed within the required setback, provided. the pumps are set- back fifteen ,(15) feet from the front and/or Pxterior side property line . S . 9432.6.3 Attached canopies which are intended for public convenience may project from any commercial building over pedestrian walkways five (5) feet into the required setback for the entire width of said building. S . 9432.6.4 All telephone booths within the 50 foot setbacks shall be placed. in locations approved by the Board of Zoning Adjustments, provided that adequate view for the abutting property owner and traffic safety is maintained.. - S . 9432.6.5 Other structures and./or buildings, may be constructed within the required setback, subject to the following requirements: (a) The maximum encroachment shall not exceed twenty-five (25) feet except as provided in Section 9432.6. 1. (b) For each foot of encroachment a one foot wide landscaping strip shall be provided along the entire length of the encroachment. Said. landscaping shall be additional to the landscaping required. by Article 979 and subject to the requirements contained therein. .S . 9432.7 Miscellaneous Display and/or Storage . The following items may be permitted within the required setback, adjacent to the building, subject to the conditions contained. herein: (a) Disabled American Veterans, Goodwill and. similar collection contain- ers may be permitted upon approval from the Building Department. Said. approval shall insure that the placement of these items is in a manner compatible with the intent of this Ordinance . Said. containers shall not be placed on vacant lots . (b) Vending machines and news stand. racks . S . 9432.8 CO1rIIMCIAL DISTRICTS PLANNING S . 9432.8 General Provisions . All structures , buildings , displays and/or storage of merchandise within the required set- back which exceed. a maximum height of six (6) feet may encroach into said setback, subject. to the following sight angle requirements : PLANNING COMMERCIAL DISTRICT S . 9450 ARTICLE 945 C3 DISTRICT S . 9450 GENERAL BUSINESS DISTRICT 5. .9451 USES PERMITTED S . 9452 BUSINESS OFFICES S . 9453 SPECIFIC BUSINESSES S • 9454 OTHER SIMILAR USES S . 9455 ACCESSORIES S . 9456 PARKING REQUIREMENTS S . 9457 YARD . REQUIREMENTS S . 9450 GENERAL BUSINESS DISTRICT: PROVISIONS APPLICABLE . The following provisions shall apply in the C3 District: S . 9451 USES PERMITTED. Any uses permitted in the C1, C2 and C4 dis- tricts excep hospitals , convalescent hospitals , sanitariums or rest homes, and any uses requiring approval of a site plan application in the Cl. C2 and C4 districts shall be permitted subject to the same regulations for such uses in the Cl, C2 and C4 districts . The uses set out in Sections 9452 and 9453 shall be permitted in the C3 district subject to approval of an administrative review application by the Board of Zoning Adjustments . (1358, 1602-9/70) S . 9452 BUSINESS OFFICES. Offices of persons engaged in businesses, professions, or trades . (495) S . 9453 SPECIFIC BUSINESSES: Subject to the further provisions of this .Article, the following businesses are permitted: (1549-1/70) Auditoriums Automobile Parking Barber Shops Bakery, retail Beauty Parlors Book or Stationery Stores Cabinet Shops Churches Clothes Agency or Pressing Establishment Conservatories and Studios, but not Motion Picture Studios . (1194) Dressmaking Shops Drug Stores Dry Goods or Notions Stores Feed and Fuel Stores Florist Shops Garages Grocery and Fruit Stores Hardware and -Appliance Stores (9613 1194) Hotels Meat and. Delicatessen Stores Mercantile Stores and Markets Newspaper Publishing S . 9454 COMMERCIAL DISTRICT PLANNING Photographer Plumbing Shops Printing Shops Radio Sales and Repair Shops Restaurants, Cafes Shoe Repair Shops Shoe Shops Storage of goods enclosed within a building, but not General Warehouses Tailor Shops Theaters Tire Shops Trade Schools Undertaking Used Automobile Sales , but it shall be unlawful to store or offer for sale on any used car lot, any vehicle which is not in condition to be legally operated upon any California State Highway. (495) S . 9454 USE PERMITS. The following uses may be permitted in this district subject to approval of a Use Permit application (1549-1/70) S . 9454. 1 Gasoline Service Stations, including limited tire dis- play and minor repairs. (1549-1/70) PLANNING COMMERCIAL DISTRICT S . 9470 ARTICLE 947 C4 HIGHWAY COMMERCIAL DISTRICT (11947 130 S . 9470 STATEMENT OF INTENT AND PURPOSE S . 9471 USES PERMITTED S . 9471. 1 Motels and Hotels S. 9471.2 Yard Requirement for Dwelling, Hotels, Motel Uses 'S . 9471.3 Public and Quasi Public Uses S . 9471.3 (a) Parking Requirements S. 9471.4 Professional Services and Offices S . 9471.4 (a) Parking Requirements S . 9472 USE PERMITS S . 9472. 1 Trailer Parks S. 9473 HEIGHT LIMITATIONS - ALL USES S . 9474 OFF-STREET PARKING , S. 9475 DEDICATION AND IMPROVEMENTS S . 9470 STATEMENT OF INTENT AND PURPOSE: (a) This district is generally intended for land. and structures to provide hotels and motels for transients, and vacation visitors with convenient access along heavily traveled highway frontage . Additional uses such as churches and professional services are likewise included . (b) It is further intended to provide controlled commercial uses on a highway location where it is not detrimental to ad.joining property development . S . 9471 USES PERMITTED. The following uses shall be permitted in the C4 District subject to approval of an Administrative Review application by the Board of Zoning Adjustments . (1549-1/70) S. 9471.1 Motels and Hotels (a) Minimum Lot Area: The minimum lot area for motels and hotels shall be 9000 square feet. (b) Minimum Frontage: The minimum frontage for motels and hotels shall be 70 feet. (c) Location and Access: All motels' shall be located on and take vehicular access from an arterial highway. Said arterial highway shall be depicted on the Master Plan of Arterial Streets and High- ways . (1366) S . 9471.2 COMMERCIAL DISTRICT PLANNING S . 9471.2 Yard Requirements for Motels and Hotels: (a) Front Yard.: The minimum front yard shall be five (5) feet Parcels fronting on a State Highway shall be required to setback a minimum of fifty (50) feet from the ultimate right-of-way. (b) Side Yard: Interior: The interior side yard. shall be five (5) feet . Exterior: The exterior side yard shall be ten (10) feet . (c) Rear Yard: The minimum rear yard. shall be five (5) feet, except where a permitted use abuts an Rl District, then .a minimum rear yard of fifteen (15) feet shall be provided . S . 9471.3 Public and. Quasi-Public Uses: (a) Churches , Clubs and. Lodges: 1. The arrangement, access, and number of all parking spaces and/or lots shall conform to Article 979• 2 . Ten percent of the parking area shall be landscaped. and per- manently maintained.. (b) Minimum Area: The minimum lot area of churches and lodges shall be 7000 square feet . (c) Minimum Frontage: The minimum frontage for churches and. lodges shall be sixty 60) . feet. (1340) S . 9471.4 Professional. Services and Offices . Professional services may be located in professional business buildings . Pro- fessional offices are defined as offices for the conduct of any one of the following uses only: Accountant, architect, attorney, chiropracter, collection agency, dentist, engineer, insurance broker, optometrist, physician and surgeon, private detective, real estate sales , social workers , surveyor and pharmacies . Diagnostic laboratories and biochemical laboratories that do not exceed Fifteen Hundred (1,500) square feet in gross area are permitted . (1340, 1600-9/70) S . 9471.4. 1 Yard. Requirements . (1494) (a) Front Yard.. The minimum front yard. setback shall be ten (10) feet, except as otherwise designated on a sectional district map. (b) Side Yard . 1. Exterior Side Yard.. The minimum exterior sid.e yard setback shall be ten 10 feet, except as otherwise designated. on a sectional district map. 2. Interior Side Yard . The interior side yard setback may be zero, except where permitted use abuts a residential district, in which case a minimum of ten (10) feet shall be provided . PLANNING COMMERCIAL DISTRICT S . 9471.4. 1 (c) (c) Rear Yard . The rear yard. setback may be zero except where the per- mitted use abuts a residential district', then the setback shall be a minimum of ten (10) feet in the rear yard . S . 9471.4.2 Development Standards . S . 9471.4.2. 1 Site Area. (a) Minimum Building Site . The minimum building site area shall be six thousand 000 square feet. (b) Minimum Frontage . The minimum frontage shall be sixty (60) feet '. S . 9471.4.2.1.1 Exception. Any parcel or lot, or combination of parcels and lots , exis-ting as a legal building site on or before the effective date of this section shall remain a legal building site . S . 9472 USE PERMITS . The following uses may be permitted in this d str ct subject to an approval of a use permit applica- tion by the Board of Zoning Adjustments . (822, 1600-9/70) S . 9472. 1 All commercial uses permitted in the C2, "Community Business District, " subject to the same provisions regu- lating such uses . (822, 1340, 1600-9/70) S . 9473 HEIGHT LIMITATIONS . ALL USES IN THIS DISTRICT. A maximum building . height shall not exceed three 3 ries, with a maximum height of thirty-five (35) feet. (822, 1600-9/70) S . 9474 OFF-STREET PARKING. The arrangement, access and. number of all parking. spaces . and/or lots shall conform to Article 979. (1600-9/70) S . 9475 DEDICATION AND IMPROVEMENTS . (a) Dedication. No building shall be used. or constructed. for any uses permitted in the C4 District nor shall a permit for the construction of such building be issued. by the Building Department, .nor shall any land be used., where the land upon which such building is to be used or constructed or where the land to be used for said. building is upon any indicated Arterial Highway shown on the Master Plan of Streets and Highways adopted February, 1957, and as hereafter amend- ed., until and unless the right-of-way for such highway to the width shown on the Master Plan has been dedicated to or vested in the City of Huntington Beach. (b) Improvements . No final notice of completion shall .be issued by the Building Department until such required dedication of right-of-way as described in subparagraph (a) of this section has been improved by installation of curbs, gutters and. street drainage in full cbm pliance with City of Huntington Beach street standards, or until with the consent of the City Engineer, an agreement is entered into with the City in accordance with an accepted plan of improvements . In the event an agreement for the improvements is entered into, the City Council may require that the agreement be secured by a good and sufficient bond., or it may accept in lieu thereof a cash deposit which bond or cash deposit shall be in an amount equal to the cost of the improvements estimated by the City Engineer. (822) P.1.AlJ111-1-IG GENERAL PROV IS IONS 40 ARTICLE 974 PAIiK AND RECREATIONAL FACILIT:Ia',> 3 , 9 - 0 S . 9740 . INTENT. This article is intended. to provide a means for implementing the Parks, Open Spaces , Schools and Recreational Element of the Master Plan of Land. Use which establishes definite prin- ciples and. standards for park and recreational facilities to serve the residents of Huntington Beach. S . 9741 DEVELOPERS OR PERSONS MUST PROVIDE PARK AND RECREATIONAL ACILITIES . Every residential developer or person. who .. develops land for . resid.ential purposes shall dedicate a portion of such land, pay a fee, or a combination of both, as set forth in this article for the purpose of providing park and. recreational facilities to serve future residents of such development . This article shall not apply to alterations or additions to an existing dwelling unit, provided said. alteration or addition does not create an additional dwelling unit. S . 9742 APPLICATION. The provisions of this article shall apply to all residential developments . S . 9743 . RELATION OF LAND REQUIRED TO POPULATION DENSITY. It is hereby found and. determined.: S . 9743. 1 That the public interest, convenience, health, welfare and. safety require that approximately four (4) acres of property for each one thousand (1,000) persons residing within the city, be devoted to public park and. recreational purposes . S . 9743 .2 That said requirement will be satisfied in part by arrange= ments between the city and. the local school districts to make available for park and recreation purposes , one and. one-half (12) acres of property for each one thousand (1,000) persons residing within the city. S . 9743 .3 That the remaining two and one-half (21) acres of the required four (4) acres shall be supplied. as required by this article . S . 9744 POPULATION DENSITY. For the purpose of this article, popula- tion density shall be ..established. by resolution of the City Council on the basis of the most recent data available in the form of the Federal or State census or records of the City of Huntington Beach. Such density shall be determined according to the following: (a) Low .Density Residential Areas . All residential areas where there are eight or less units per gross acre, minus area devoted to open or public land . S . 9744 (b) GENERAL PROVISIONS PLANNING (b) Multiple Family Residential Areas . All residential areas where there are more than eight units per gross acre, minus areas devoted to open or public land, in which case the density shall be ;a,�:c c.�rdirnfr to �.hc type o.[' clwell:I.n�; tin it ra.c Cc�7.low ;: 1. Sino'l.e or bachelor 2. One bedroom 3 . Two bedroom 4. Two bedroom with den 5. Three or more bedrooms For the purposes of this section, when a room such as a den, study or sewing room, is provided in conjunction with a single, bachelor, or one-bedroom unit, and said room meets the Uniform Building Code definition of a habitable room, such room shall be considered a bed- room. When a room such as a den, stud.y or sewing room, is provided in conjunction with a two-bedroom unit and said room meets the Uniform Building Code definition of a habitable room, such additional room shall not be considered a d.en, study or sewing room, but. as a bedroom if a ward.robe, closet or similar facility normally found in a bedroom is proposed and if such room is constructed in such a manner that fifty percent (50%) or less of one wall is open to an adjacent room or hallway. If the Board of Zoning Adjustment determines that a room can be converted to a bedroom, such room shall be considered a bedroom. (c) Mobile Home Developments . S . 9744. 1 Number of Dwelling Units or Bedrooms . The total number of dwelling units or bedrooms s a e determined. by the number of units or bed.rooms proposed to be constructed by the d.eveloper. The actual number of bedrooms shall be as shown on the building plans filed with the Building Department . S . 9745 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID. The amount of land to be dedicated. or fee to be paid shall be determined by the following: S . 9745. 1 Amount of Land to be Dedicated . The amount of land to be dedicated by a developer shall be . based. on the following formula: (a) A = 2.5 (D.F. x No . D.U. ) 1000 (b) Definition of Terms: 1. A - The area in acres required to be dedicated. as park sites or to be appraised for fee payment for the development. 2. D.F. - Density factor obtained from Section 9744 as applicable to proposed development . 3 . 2.5 - Number of acres per 1000 persons . 4. No . D.U. - Number of dwelling units proposed in the development. PLANNING GENERAL PROVISIONS S . 9762' S . 9762 MISCELLANEOUS SIGNS AND ACTIVITIES PROHIBITED. S . 9762.1 Use of Certain Attention-Getting Devices Prohibited . No person, or persons., shall use or operate aloud-speaker, sound amplifier, stereopticon, or motion picture machine in connection with any sign, sign structure or advertising device . S . 9762.2 Use of Live Models or Search Lights Prohibited . No person, or persons, shall use live animals , human beings or search- lights except in conjunction with temporary signs . S . 9762.3 Light Bulbs Prohibited.. No person, or persons, shall use light- bulbs in conjunc ion- with any advertising sign or structure except when specifically d.esigned to be used as sign-face materials ., Any illumination so used in conjunction with the sign or . advertising structure, shall be designed so that it does not fall or reflect onto ad.jacent property in any residential zone or onto a public thoroughfare . S . 9762 .4 Use of Flashing or Pulsation Parts . No person, or persons, shall display any sign, pain Ted on, or attached to, a bench; any arrow, bull 's-eye, spotlight, rotating beacon, spinning or any other novelty signs whatsoever; nor any flashing or pulsating signs which do not contain advertising copy except public service signs such as those providing time and temperature information. S . 9762.5 Sight Obstruction Prohibited . No person, or persons , shall display a sign, sign structure or advertising device in a manner that may confuse or obstruct the view or interpretation of any official traffic sign, signal or safety device . S . 9762.6 Erection of Signs on Public Property or Public Rights-of-Way Pro ibited . No person or persons . shall erec , place or .display (or cause any such act or acts to be done) any sign, sign structure or advertising device in, und.er, :on or over any public property or any public right-or-way with respect to which the city has jurisdic- tion. Any such sign, sign structure or advertising device erected, placed or displayed contrary to the provisions of this section is a public nuisance and the Department of Public Works may immediately remove it without notice . The provisions of this section shall not prohibit . the posting of any notice in the manner required by law, or by the order of any court of this state . (1601-9/70) S . 9762.7 Portable Si ns Prohibited . No person, or persons, shall display portable signs,including but not limited to, signs attached. to or painted. on a vehicle or trailer. S . 9763 GENERAL PROVISIONS PLANNING S . 9763 SIGNS PERMITTED. MISCELLANEOUS. S . 9763 . 1 Temporary Signs . S . 9763 . 1. 1 Permits for Temporary Signs . The Director shall not issue a permit for a temporary sign, except as otherwise provided in this article , unless said sign is located in either an office-pro- fessional, commercial or industrial district, and its purpose is to advertise one of the following special events . (a) Grand openings or going-out-of-business sales . (b) Change of business location. (c) Change of business ownership or management. (d) A sales event conducted throughout an entire shopping center. (e) A sales event conducted throughout a business chain. S . 9763 . 1 . 2 Size . No temporary sign shall exceed one hundred (100) square feet in area . Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six (6) feet in height, nor shall any such sign be fastened to the ground. S . 9763 . 1 . 3 Temporary Cloth Signs . Support For. Every temporary cloth sign shall be supported and attached with wire rope of three-eighths (3/8) inch minimum diameter. No strings , fiber ropes or wood slats shall be permitted for support or anchorage pur- poses . Cloth signs and panels shall be perforated over at least ten percent (10%) of their area to reduce wind resistance . Temporary cloth. signs over private property not exceeding sixty (60) square feet shall be supported and attached with wire rope meeting the requirements of this article . S . 9763 .1.3.1 Temporary Cloth Signs . Clearance Of. Cloth signs may extend over public property provided a minimum clearance of twenty (20) feet is maintained. S . 9763 . 1.3. 2 Temporary. Cloth Signs . Projection Of. Cloth signs may extend across a public street only by permission of the City Council . Temporary signs , other than cloth, when eight (8) feet or more above the ground may project not more than six (6) inches over public property or beyond the legal setback line . PLANNING GENERAL PROVISIONS S . 9763 .4 S . 9763 .4 Nonconforming Signs and Other Advertising Devices . Except as otherwise provided in this article , nonconforming signs , sign structures or advertising devices shall be made to conform to the .provisions of this article, or shall be removed in accordance with the following schedule : (a) Signs , sign structures or advertising devices erected in violation of the laws in effect at the time of erection shall be removed within thirty (30) days subsequent to receipt of written notice from the Director. (b) Temporary signs and other temporary sign structures or advertising devices other than temporary directional signs or temporary direc- tional sign structures , not existing pursuant to a valid sign permit on the date this article takes effect, shall be removed within sixty (60) days after receipt or written notice from the Director. The removal of nonconforming, temporary directional signs , or nonconforming, temporary directional sign structures , existing pursuant to a valid sign permit on the effective date of this article shall be governed by Section 9763 . 1. 5.4 of this article . (c) Arrow, bull 's-eye, spotlight, rotating beacon and similar novelty signs ; flashing signs which do not contain advertising copy; signs painted on a building, bench or structure other than a sign structure ; searchlights ; advertising using a public address system, loudspeakers , sound-amplifying systems , animals or human beings , existing at the time this article takes effect, shall conform to the provisions of this article not later than ninety (90) days after receipt of written notice from the Director. (d) Signs , sign structures or other advertising devices , other than those specified in subsections (a) , (b) and (c) of this section, existing at the time this article takes effect and having a current market value less than $100 shall be removed or altered to comply with the provisions of thi§ article not later than one (1) year after receipt of written notice from the Director. (e) Signs , sign structures or advertising devices other than those specified in subsections (a) , (b) and (c) of this section, existing at the time this article takes effect, and having a current market value of $100 or greater, but less than $300, shall be removed or altered to comply with the provisions of this article not later than two (2) years after receipt .of written notice from the Director. S . 9763.4 (f) GENERAL PROVISIONS PLANNING (f) Signs , sign structures or advertising devices other than those specified in subsections (a) , (b) and. (c) of this section, exist- ing; at the time this article takes effect, and having a current marl;.F-, L value of $300 or greater, but less than $1,000, shall be removed or altered to comply with the provisions of this article not later than five (5) years after receipt of written notice from the Director. (g) Signs, sign structures or advertising devices other than those specified in subsections (a) , (b) and (c) of this section existing at the time this article takes effect, and. having a current market value of $1,000 or greater, shall be moved within ten (10) years after receipt of written notice from the Director. S . 9763.4. 1 Determination of Amortization Period for Nonconforming Signs . All signs made nonconforming by the provisions set forth in other articles of this code now existing or heretofore repealed. shall remain nonconforming notwithstanding the provisions of this article, and. shall be completely removed or changed to a conforming use within five (5) years of the time said use became nonconforming. The five year period for their amortization shall be determined from the effective date of Ordinance No . 1105 (January 6, 1965) . (1604-9/70) . S . 9763.4.2 Destruction of Nonconforming Signs . If any nonconforming sign, sign structure or advertising device is destroyed. by fire, explosion, act of God. or act of a public enemy to an extent of fifty percent (50%) of the market value thereof, then said sign, sign structure or advertising device shall either be removed. and the site on which it stood. shall be restored to its original condition, or it shall be repaired to conform to the provisions of this article, within thirty (30) days from the date of such destruction. Market value of the destroyed sign shall be determined by official records of the Orange County Assessor's Office for the fiscal year during which said destruction occurred.. S . 9763 .4.3 Application to Extend. Use of Sign. Notwithstanding the provisions of Section 97 3. , the owner of any nonconform- ing sign, sign structure or advertising device that is required to be removed, altered or replaced pursuant to the provisions hereof, may make application to the Planning Commission for permission to extend the use of such sign. Said. written application shall be filed not less than fifteen (15) days preceding the dates prescribed. in Section 9763.4 for the alteration, removal or replacement of said. sign, sign structure or advertising device . After a hearing, the Planning Commis- sion may grant permission to extend the time for alteration, removal or replacement of such sign, sign structure or advertising device for a period determined by the Planning Commission. Before granting any extension under this section, the Planning Commission must find and determine the following: PLANNING GENERAL, PROVISIONS S . 9764.5 S . 9764.5 Real Estate Suns . S . 9764 . 5. 1 Real Estate Signs Permitted . in R1, RI-PD5 and R2 Districts . One (1) real estate sign shall be permitted for each parcel of land abutting a street subject to the following requirements : (a) One (1) square foot of sign area is permitted for each fifteen (15) feet of street frontage on the abutting street, However, the total sign area need not be 'less than six (6) square feet and shall not be greater than fifty (50) square feet. (b) The height and width of the sign shall not exceed a ratio or two to one . S . 9764. 5.2 Real Estate Signs Permitted in R3 and R4 Districts . One (1) real estate sign shall be permitted for each parcel of land abutting a street subject to `the following conditions : (a) One (1) square foot of sign area shall be permitted for each ten (10) feet of street frontage on the abutting street. However, the total sign area need not be less than six (6) square feet and shall not be greater than fifty (50) square feet . (b) The height and width of the sign shall not exceed a ratio of two to one. S . 9764. 5.3 Real Estate Signs Permitted in Office-Professional District . Real estate signs for residential uses in the office- professional districts shall be governed by Section 9764. 5. 2. One (1) real estate signs , for uses other than residential uses in the office- professional district, shall be permitted for each parcel of land abutting a street, subject to the following conditions . (a) One (1) square foot of sign area shall be permitted for each five (5) feet of street frontage on the abutting street . However', the maximum sign area need not be less than ten (10) square feet nor shall it exceed fifty (50) square feet. (b) The height and width of the sign shall not exceed a ratio of two to one . S . 9764. 5.4 Real Estate Signs Permitted in Commercial and Industrial Districts . One (1) real estate sign in commercial and industrial districts shall be permitted for each street abutting the parcel of land, subject to the following conditions : (a) The area of the sign shall not exceed one (1) square foot for each five (5) feet of street frontage on the abutting street . However, the total sign area need not be less than twenty-five (25) square feet nor shall it exceed fifty (50) square feet. (b) The height and width of the sign shall not exceed a ratio of two to one. S . 9764.5 .5 GENERAL PROVISIONS PLANNING S . 9764.5.5 Real Estate Signs Permitted. All Other Districts . One (1) real estate sign in districts , other than those set out hereinbefore, shall be permitted. for each street abutting the parcel of land subject to the following conditions: (a) One (1) square foot of sign area shall be permitted for each fifteen (15) feet of street frontage on the abutting street . However, the total sign area need not be less than six (6) square feet, and. shall not be greater than fifty (50) square feet. (b) The height and width of the sign-shall not exceed a ratio of two to one . S . 9764.5 .6 Open House Signs . In lieu of a real estate sin, signs advertising open house, " "open for inspection or similar signs may be permitted., subject to the . following conditions: (a) . The size of such signs shall not exceed the permissible sign area for real estate signs . (b) The sign shall only be displayed when the property is open for inspection. S . 9764.5.7 Real Estate Signs . All real estate signs shall be removed immediately after said land. or structures are sold, leased, rented or immediately after the intended use has commenced . S . 9764.6 Outdoor Advertising. No off-site sign, sign structure, statuary, billboard or other advertising device shall be maintained for outdoor advertising purposes . S . 9764.7 Temporary Signs . Bond Required . No person or persons shall d.isplay, erect, maintain, place, (or cause any such act to be done) , a temporary offsite sign for which a .permit is not re uired by Section 9761.3 until he has first filed. with the Director a 100 cash bond refundable as hereinafter provided . One bond shall be required for, and. shall cover all such signs which relate to each separate announcement, occurrence or event which is advertised by such signs . Such bond shall provide that if the sign or signs are not completely removed. and the site restored. to its original condition -within two weeks after the date or occurrence of the event set forth in said. sign, or thirty (30) days from the posting of said. bond, whichever occurs first, the full amount of said bond. shall be paid. over to the City of Huntington Beach for costs of removal includ.- .ing administrative costs . If all such signs are completely removed. and. the site restored to its original condition within two weeks after the date of occurrence of the event set forth in said sign, or within thirty (30) days of the posting of said bond, whichever occurs first as provided above, then the full amount of such bond shall be refunded to the party posting the same upon written request to the Director. (1604-9/70) 0 PLANNING ADMINISTRATION S . 9814 S . 9814 HEARINGS . A public hearing shall be held by the Board prior to taking action on any conditional exception, use permit, .. or plot plan amendment, or on any complaint filed concerning a home occupation. (1200, 1602-9/70) " S . 9814.1 Time of' Hearin Upon filing of an application for a Con- ditional Excep ion, Use Permit or Plot Plan Amendment, the Board shall set said application for public hearing within thirty (30) days after the filing date . (1200) S . 9814.2 Notice of Hearing. The Board shall give or cause to be given notice of the time_, place and purpose of all public hearings by mailing notices, at least five (5) working days prior to the date of such hearing, to the applicant and owners of all abutting property whose names and address appear on the latest available tax roll. Abutting property shall include property directly across a street or alley. S . 9814.3 Hearing Date Continuance . The Board may continue the public hearing to another date without giving further notice there- of if such date is announced at the hearing. S . 9814.4 Findings of Fact and. Decision Time Limit. In approving, conditionally approving, or denying a Conditional Exception, Plot Plan Amendment, or Use Permit; the Board shall make a written find- ing which shall specify facts relied upon in rendering a decision. Said decision shall be made within thirty (30) days after the public hearing. (1294) S . 9814.5 Notice of Board Decision. Notice of the Board 's decision shall be mailed to the applicant within five (5) days after such a decision is rendered . S . 9814.6 Records of Hearings . The Board shall keep accurate and permanent records of all hearings and decisions rendered . S . 9815 ADMINISTRATION PLANNING S , . 9815 APPEALS, S . 9815. 1 Appeal by Applicant or Interested Party to the Planning Commission. The applicant or any interested party may appeal a decision or requirement of the Board.. Any appeal from a decision or requirement of the Board shall be made to the City .Planning Commission, S . 9815.1. 1 Time Limit. All appeals shall be made within ten (10) days following the Board's decision, S . 9815.1. 2 Form and Content. Any appeal shall be in writing and said appeal shall specify, in detail, any error of decision or requirement by the Board. S . 9815.1.3 Filing Place and Notification. All appeals shall be filed in the Office of the Planning Department, Upon receipt of said appeal, the Secretary to the Planning Commission shall set the matter public hearing before the Planning Commission. Said hearing shall be held at the earliest possible regular Planning Commission meeting with public notification as required by Article 987 . S . 9815.1.4 Filing Fee . Accompanying any appeal shall be a filing fee of seventy-five (75). dollars . S . 9815. 1.5 Hearing Date Continuance . The Planning Commission may continue . the public hearing to another date without giving further notice thereof if such date is announced at the hearing. S . 9815.1.6 Decision by the Planning Commission. The Planning Commission may, after public hearing, affirm, reverse, or modify the Board 's decision, Furthermore, the Planning Commission may take any additional determination or requirement it shall consider appropriate within the limitations imposed by this Article . S . 9815.1.7 Finding of Fact and Decision Time Limit. In granting, modifying or denying an appeal, the Planning Commission shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the public hearing. i ,t FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 1015/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE Chapters-.articles Chapters-Articles 1018/yo Chapters-Articles Chapters-Articles 10/8/0 S o 1711 S . 1711 10/8/70 -m Article 1.76 10,/8/ro S. 2" 12 S 0 2ry11.2 10/ 3+�,/-(0 S c 2112.2.2 S. 21.,1.2.2.4 10/21/70 211.14 S o 2114 10/21/70 S e 2114.2 S o 2114.2 10/21/-(0 S o 21.1.4.2.5 S. 2114.2.6 10/21/70 S. 22.144.2.23 2y114.2.17 S. 21,y1�4.2.19 ,LO/21/,(C) S o 22.,yfps�4IyI a g o 2/y3 S 0 2l,e/�,`j�+'e 2 e 2ff1'.j2 S O �!`yy l�d.'/"L. O r2�' O 10 S O 2114 O 2 D 3 n n� 9b a 2114.2.35 "° aW21. /!0 S o 3411 S o 3411 Correct-on Chapters.-PLrticles /Div, 9) Chapters-Articles i0l/8/70 Chapters-Articles �Dl.v.o 9) Chapters®Articles 1.0/8A,0 Article 920 A rt is le 920 10/8/70 �= Article 924 1.0,"8/(0 CONTENTS CHAPTERS - ARTICLES CHAPTER 17 - TAXES Article 171. Collection 172. Sales and. Use Tax 173 . Uniform Transient Occupancy Tax 174. Cigarette Tax 175 . Real Property Transfer Tax 176. Utilities Tax CHAPTER 18 - PERSONNEL SYSTEM Article 1 1. General.. 182 . Personnel Board 183 . Competitive Service 184. Political Activities - City Employees 185. Severab ility DIVISION 2 - BUSINESS CHAPTER 21 - BUSINESS LICENSES Article 211. General CHAPTER 22 - CERTIFICATE OF PUBLIC NEED & NECESSITY . Article 221. Ambulance Service 222. Private Patrol Service CHAPTER 23 - OIL Article 231. General 232. Department of Oil Field. Control 233 . Definition 234. Permits and Fees 235 . Bonds and Insurance 236 . Drilling and Operation 237. Safety 238. Enforcement 239. Activation of Non-producing Oil Wells CHAPTER 24 - DANCE HALLS Article 241. Permit 242 . Regulations 243. Premises 244. Patrons 245. Enforcement CONTENTS CHAPTERS -ARTICLES DIVISION 9 - PLANNING CHAPTER 90 - PLANNING COMMISSION AND DISTRICTING PLAN Article 900 . City Planning Commission 901. Purpose and Effect of Districting 902. Enforcement 905. Establishment of Districts 906 . Districting Maps CHAPTER 91 - LOW DENSITY RESIDENTIAL DISTRICTS Article 910. R1 District - Single Family Residence District 913 . Rl-PD5 District - Single Family Planned , Development 916 . R2 District - Two Family Residence District CHAPTER 92 - HIGH DENSITY RESIDENTIAL DISTRICT Article 920 . R3 District - Limited Multiple Family Residence District 923 . R4 District - Multiple Family Residence ; District 924. Mobilehome District 925 . R5 District - Office-Professional CHAPTER 93 - SPECIAL DEVELOPMENTS Article 931. Planned Residential Development CHAPTER 94 - COMMERCIAL DISTRICTS Article 941 . CI District - Neighborhood Commercial 943 . C2 District - Community Business 945 . C3 District - General Business . 947 . C4 District - Highway Commercial GOVERNMENT TAXES, S . 1711 CHAPTER 17 TAXES ARTICLE 171. COLLECTION 172. SALES AND USE TAX 173. UNIFORM TRANSIENT OCCUPANCY TAX 174. CIGARETTE TAX 175. REAL PROPERTY TRANSFER TAX 176 . UTILITIES TAX U ARTICLE 171 COLLECTION S , 1711 Collection Delegated to County. The City of Huntington Beach does hereby elect that the duties of the assessment of city property for city taxes , the equalization and correction of the assessment, the collection, payment and enforcement of the taxes , includes .ing delinquent taxes , and the redemption of property from sale or other . penalty for the nonpayment of city taxes , now provided by law to be assessed by the Assessor and collected by the Tax Collector and equal- ized by the City Council of the City of Huntington Beach, shall be per- formed by the County Assessor, the County Tax Collector, the County Auditor and the Board of Supervisors of Orange County when acting as board of equalization. (567) S . 1712 Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except as the same may be necessary for the assessment and collection of taxes pursuant to law by county officials , and except further to enforce the collection 'of all city taxes assessed by the City which may now be or which may become delinquent. (567) E S . 1721 TAXES GOVERNMENT ARTICLE 172 SALES AND USE TAX S . 1721 Purpose . The City Council of the City of Huntington Beach hereby declares that this ordinance is adopted to achieve the following, among other purposes and directs that the provisions hereof .be interpreted in order to accomplish those purposes : (a) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code of the State of California ; (b) To adopt a sales and use tax ordinance which incorporates pro- visions indentical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not incon- sistent with the requirements and limitations contained in Part 1.5 of Division 2 of the said Revenue and Taxation Code ; (c) To adopt a sales and use tax ordinance which imposes a one percent (1%) tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administ- ering and collecting the California State Sales and Use Taxes ; (d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the ' degree possible consistent with the provisions of part 1.5 of Division 2 of the said Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same .time minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance . S . 1722 Operative Date . Contract with State. This ordinance shall become operative on April 1, 1956 , and prior thereto this City shall contract with the State Board 'of Equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance ; provided, that if this City shall not have contracted with the said State Board of Equalization, as above set forth, prior to April 1, 1956 , this ordinance shall not be opera- tive until the first day of the first calendar quarter following the execution of such a contract by the City and by the State Board of Equalization, provided further that this ordinance. shall not become operative prior to to the operative date of the Uniform Local Sales and Use Tax Ordinances of the County of Orange. I GOVERNMENT TAXES S . 1760 ARTICLE 176 UTILITIES TAX ( 1598-,-)/70) the . definition,-, given in ti-jis :-_,(_,CLion govern the conL:. truct,_I_on of this article . (a) Person means any domestic or foreign corporation firm, association, syndicate, joint stock company, partnership of any kind , joint venture, club, Massachusetts business or commonlaw trust, society, individual, or municipal corporation. (b) City shall mean the City of Huntington Beach. (c) Telephone Corporation, Electrical Corporation, Gas Corporation, Water Corporation, and Cable Television Corporation shall have the same meanings as defined in Section 234, 218, 222, 241, and. 215 .5, respectively, of the Public Utilities Code of the State of California, as said sections existed on January 1, 1970. "Electri- cal 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. (d) Tax Administrator shall mean the Finance Director of the City of Huntington Beach. (e ) Service Supplier shall mean a person required to collect and remit a tax imposed by this article . (f) Service User shall mean a person required to pay a tax imposed by this article . (g) Month shall mean a calendar month. S . 1761 TELEPHONE TAX. (a) There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using intrastate telephone communica- tion services in the city. The tax imposed by this section shall be at the rate of five per cent (5%) of all charges made for such services and shall be paid by the person paying for such services . (b) 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. r S . 1761 (c) TAXES GOVERNMENT (c) Notwithstanding the provisions of subsection (a) the tax imposed under this section 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 subsection (b) thereof. S . 1'T62 ELECTRICITY TAX. (a) There is hereby 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 per. cent (5%) 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 (1) metered energy, and (2) minimum charges for service, including customer charges , service . charges, demand charges , standby charges , and annual and. monthly charges . (b) 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 the charging of batteries . The term shall not include CD 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 of Huntington Beach for resale . S . 1763 GAS TAX. (a) There is hereby imposed a tax upon every person in the City of Huntington Beach 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 per cent (5%) of the charges made for such gas . (b) There shall be excluded from the base on which the tax imposed in this section is computed (1) charges made for gas which is to be resold and delivered through mains or pipes; (2) charges made for gas to be used in the generation of electrical energy by an electrical corporation; (3) charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities; and (4) charges for gas used in water pumping by water corporations . S . 1764 WATER TAX. (a) There is hereby imposed a tax upon every person using in the city water which is delivered through mains or pipes . The tax imposed by this section shall be at the rate of five per cent (5%) of the charges made for such water and shall be paid by the person paying for such water. GOVL,I�NML,N'I' (b) 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 munici- pal water district for water used and consumed by such department, utility or district in the conduct of the business of such depart- went, utility or district . S . 1765 CABLE TELEVISION TAX. 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 per cent (.5%) of the charges made for such service and shall be paid by the person paying for such service . S . 1766 EXEMPTIONS . Nothing in this article 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 Mates or the Constitution of the State of California. S . 1767 COLLECTION OF TAX (a) Every person receiving payment of charges from a service user shall collect the amount of tax imposed by this article from the service user. (b) 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 . (c) 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 (1) billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period . S . 1767. 1 Reporting and Remitting. Each service supplier shall, on or before the 20th of each month, 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. At the time the return is filed, the full amount of the tax collected. shall be remitted to the Tax Administrator. The Tax Administrator is author- ized 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 article . Returns and remittances are due immediately upon cessation of business for any reason. S . 1767 .2 Penalty. (a) Taxes collected from a service user which are not remitted to the Tax Administrator on or before the due dates provided in this article are delinquent . S . 1767 .2 (b) TAXES GOVERNMENT (b) Penalties for delinquency in remittance 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 per cent ( 15%) of the total tax collected. or imposed herein . (c) The Tax Administrator shall have power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this article for fraud or negligence in report- ing or remitting at the rate of fifteen per cent (15%) of the amount of the tax collected. or as recomputed by the Tax Adminis- trator. (d) Every penalty imposed under the provisions of this section shall become a part of the tax required. to be remitted . S . 1767. 3 Actions to Collect . Any tax required to be paid by a service user under the provisions of this article 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 remitted to the Tax Administrator shall be deemed a debt owed to the city by the person required to collect and. remit. Any person owing money to the city under the provisions of this article shall be liable to an action brought in the name of the city for the recovery of such amount . S . 1767.4 Failure to Pay Tax. 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 (2) or more billing periods, or whenever the Tax Administrator d.eems it in the best interest of the city, he may relieve the service supplier of the obligation to collect taxes due under this article 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, add.ressed 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 ad.dress . If a service user fails to remit the tax to the Tax Administrator within fifteen (15) 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 twenty-five per cent (25%) of the amount of the tax set forth in the notice shall be imposed, but not less than Five Dollars ($5.00) . The penalty shall become part of the tax herein required to be paid . I GOVERMENT TAXES S . 176z . 5 S . 1767.5 Assessment . Administrative Remedy. (a) The Tax Administrator may make an assessment for taxes not paid or remitted by a person required to prty or remit . A notice of the a,:;,;er;c,rnent which ,;hall_ refer brief-L,y to the amount of the tc�xes pr!nalti_r,;, irnposed and the time a,rid place when Ouch L..e ,"Til,nt !hall -be submitted to the City Council for confirmation oi' rnodil'ica- tion. The Tax Administrator shall mail a copy of such notice to. the person selling the service and. to the service user at least ten (10) days prior to the date of the _hearing and shall post such notice for at least five (5) continuous days prior to the date of the hearing on the chamber door 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 Administra- tor prior to the time set for the hearing . At the time fixed for considering said assessment, the City Council shall hear the same together with any objection filed as aforesaid and thereupon may confirm or modify said assessment by motion. S . 1767.6 Records . It shall be the duty of every person required to collect and remit to the city any tax imposed by this article to keep and preserve, for a period of three (3) 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 Administra- tor, which records the Tax Administrator shall have the right to inspect at all reasonable times . S . 1767.7 Refunds . (a) 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 article, it may be refunded as provided in this section. (b) A person required to collect and remit taxes imposed under this article 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 . (c) No refund shall be paid. under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto . S . 1768 The taxes imposed by this article shall not apply to the City of Huntington Beach. r S . 1769 TAXES GOVERNMENT S . 1769 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, para- graph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , subd.ivisions , paragraphs , sentences, clauses or phrases be declared. unconstitutional. BUSINESS -- BUSINESS LICENSE S . 2112 S . 2112 LICENSE REQUIRED.. There are hereby imposed upon the busi- nesses , trades , professions, callings and occupations specified in this Ordinance License taxes in the amounts hereinafter prescribed . It shall be unlawful for any person to transact and carry on any business , trad.e, profession, calling or occupation in the City of Huntington Beach without first having procured a license from said City so to do or without complying with any and. all applicable provisions of this Ordinance . This section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirment con- flicts with applicable statutes of the United States or the State of California. Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States or of the State of California shall be liable for payment of the tax imposed by this Ordinance . (766) S . 2112 .1 How and When Payable . In the case of an original applica- tion for license under the "Average Number of Employees" classification, where the applicant intend.s to conduct his or her business from a fixed place of business in this city, the entire minimum fee shall be due and payable following final approval of application for license, but prior to issue of license applied for. Those who make application for license under this classification but who . do not main- tain a fixed place of business in this city, shall pay the entire mini- mum fee at the time the application for license is made . If such business, however, is commenced. after the beginning of the . licensing period covered by such license, then the license upon filing his state- ment of "Average Number of Employees" at the end of the licensing period, shall pay a license fee in accordance with schedule of "Average Number of Employees" and may credit the minimum license fee paid on original application toward the fee required. in classification schedule for "Average Number of Employees" . The fees for all licenses , whether under flat-rate (annual) status or classifications "A. " "B " "C " and "D " shall be payable in advance > > > > p Y , and. such license shall cover the period of one year from the first day of the month in which said license is issued . The statement required under Section 2112.5 .2 of this ordinance '. shall be submitted on all business licenses based upon "Average Number of Employees" on or before thirty (30) days following the end of the year applicable to such business as set forth, and. any additional sums pay- able by reason of such statement shall accompany the return of statement . No renewal license shall be issued until the full amount due and pay- able by reason of the statement and. return for the previous year has been paid in full. S . 2112.2 BUSINESS LICENSE BUSINESS In the event that a business licensed under the "Average Number of Employees" classifications of this ordinance shall cease operation before the end of the license period, then the statement required by Section 2112.5.2 of this ordinance shall be submitted on or before thirty (30) days following the ceasing of business . Any ad.ditional sums payable by reason of such statement shall accompany such state- ment . In no event shall any portion of the minimum fee be refundable in the event a business shall cease operation. The minimum license fee payable under the "Average Number of Employees" classification of this ordinance shall be due and payable in the case of an original license before the license is issued, and in the case of a renewal license, shall accompany the statement required by Section 2112.5.2 of this ordinance for the prior year and application for renewal. (766, 904, 1605-9/70) S . 2112.2 No License Transferable . Amended License for Changed Location. No license issued pursuant to this Ordinance shall be transferable; provided, that where a license is issued authoriz- ing a person to transact and carry on a business at a particular place, such license may upon application therefor and paying a fee of Three Dollars and Seventy-Five Cents ($3 .75) have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved . (766, 838, 1605-9/70) S . 2112.2.1 Penalties for Failure to Pay Tax When Due . For failure to pay a license tax when due, the City Clerk shall ad.d a penalty of 10% of said license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be ad.d.ed shall in no event exceed 100% of the amount of the license tax due . (766) S . 2112.2.2 Unpaid. Fees as Bar to Further License . No license shall knowlingly be issued to any person who, at the time of making application for any license, is indebted to the City for any prior unpaid. license fee . (838) S . 2112.2.3 Bonds . Where, by the terms of this Chapter, a bond is required to be furnished by any person accruing or apply- ing for a license; such person shall, before the issuance to him of such license, deliver to the City Clerk a bond. executed by any reliable . surety company or by two personal sureties, each of whom is the owner of property within the City of Huntington Beach of the value of twice the amount of the penal sum of the bond . .(766) BUSINESS BUSINESS LICENSE S . 2112.2.4 S . 2112.2.4 Form of Bond.. The conditions of said bond shall be stated. in substantially the following language: "Of the said. , the bounden principal shall comply with all the laws and. ordinances pertaining to said. business, and. shall indemnify and save harmless the City of Huntington Beach and. any person or persons who may be injured. or caused financial loss through any failure on the part of said licensee to comply with said. laws, or because of any mis- conduct on the . part of said. licensee in carrying on said business, then this obligation shall be void, otherwise it shall remain in full force and effect, and. this bond shall insure to the benefit of the City of Huntington Beach and to any person or persons and to all employees of said. licensee; and. the said. City and. any of said, above mentioned persons may maintain an action on this bond directly in its , his, her or their name or names , and. this bond may be recovered against more than one and. until the full penalty thereof shall be exhausted.. " (766) S . 2112.3 Branch Establishments . A separate license must be obtained for each branch establishment or location of the business transacted. and. carried. on and. for each separate type of business at the same location, and. each license shall authorize the licensee to trans- act and carry on only the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and. distributing plants used in connection with and. incidental to a business licensed under the provisions of this Ordinance shall not be deemed. to be separate places of business or branch establishments . (766) �- S . 2112.4 Unexpired Licenses Heretofore Issued . Where a license for revenue purposes has been issued to any business by the City of Huntington Beach and. the tax paid therefor under the pro- visions of any Ordinance heretofore enacted. and the term of such license has not expired., then the license tax prescribed. for said. busi- ness by this Ordinance shall not be payable until the expiration of the term of such unexpired license . (766) S . 2112.4. 1 Duplicate License, License Decal, or License Plate . A . dupli- cate license, license decal, or license plate may be 'issued. by the City Clerk to replace any license, license decal, or license plate previously issued hereunder which has been lost or destroyed. upon the licensee filing statement of such fact, and. at the time of filing such statement, paying the City Clerk a fee of One Dollar and. Fifty Cents ($1.50) . (766, �38, 1605-9/70) S . 2112.4.2 Posting and Keeling Licenses . All licenses must be kept and posted in the following manner: (a) Any licensee transacting or carrying on business at a fixed. place of business in the City of Huntington Beach shall keep the license posted. in a conspicuous place upon the- premises where such business is carried on and. have in or upon the licensee ' s business vehicles the license decals or license plates issued. for such vehicles . S . 2112.4.2 (b) BUSINESS LICENSE BUSINESS (b) Any licensee transacting and carrying on business but not operat- ing at a fixed place of business in the City of Huntington Beach shall keep the license upon his person at all time while trans- acting and carrying on such business and have in or upon each of the licensee 's business vehicles, at the time of operation in this City, the license decal or license plate issued for such vehicles . (766, 838) S . 2112.5 License: Application: Contents . Before any license is issued. to any person, unless otherwise provided. in this code, a written application by the applicant shall be made to the City Clerk, upon a form to be secured. from the City Clerk, and. which appli- cation shall contain the following information: (a) The exact nature or kind of business, profession, show, exhibition, game, occupation or enterprise for which the license is requested . (b) The place where such business, profession, show, exhibition, game, occupation or enterprise is to be carried. on, and. if the same is not to be carried. on at any permanent place of business , the places of residence of the owners of the same . (c) Any further information which the City Clerk may require to enable him to issue the type of license applied. for. (d) In the event that application is mad.e for the issuance of a license to a person doing business und.er a fictitious name, the application shall set forth the names and place of residence of those. owning said business, profession, show, exhibition, game, occupation or enterprise . (766) S . 2112.5.1 License: Contents . All licenses, unless otherwise pro- vided in this code, shall be prepared and. issued. by the City Clerk upon payment to the City Collector the sum required to be paid. hereunder. Each license so issued shall state upon the face thereof the following: (a) The persons to whom the same is issued . (b) The kind. of business, profession, shows , exhibition, game, occupa- tion, or enterprise licensed , and. the location of the same . (c) The amount paid therefor. (d.) The date of expiration of such license . In no case shall any mistake of the City Clerk in stating the amount of a license prevent or prejudice the collection by the City of what should be actually due from any person carrying on any business , pro- fession, show, exhibition, game, occupation or enterprise subject to a license under the provisions of this Chapter. (766) BUSINESS BUSINESS LICENSE S . 2114 3 . It shall be unlawful for any person, other than the licensee named, to use or have in his possession any license issued. pursuant to the provisions of this section. 4. It shall be unlawful for any person to purchase or transfer any license issued. pursuant to the provisions of this section, or for any person to transfer or convey the certificates mentioned in paragraph 3 (a) above to any other person for the purpose of secur- ing a license as herein provided. for. 5. Any person who shall violate any of the provisions of this section ' shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00, or by imprison- ment for a period not to exceed six (6) months, or by both such fine and imprisonment . (766) S . 2114 RATES . CLASSIFICATIONS "A" "B" "C" AND "D" . First three employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50 Nextnine persons , per employee . . . . . . . . . . . . . . . . . . . . . . . . 3 .75 Next forty persons, per employee . 2.25 All other employees in excess of 40 per employee . . . . . . . 1.50 The minimum license in each classification shall be $37.50 per year. In any case where a licensee or an applicant for a license believes . that his individual business is not assigned. -to the proper classifica- tion under this section because of circumstances peculiar to it, he may apply to the City Clerk for reclassification. Such application shall contain such information as the City Clerk may deem necessary and require in order to determine whether the applicant 's individual business is properly classified . The City Clerk 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. The City Clerk shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by sery ing 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 (15) 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 pre- scribed, the City Clerk. shall cause the matter to be set for hearing before the City Council within fifteen (15) days . The City Clerk shall give the applicant at least ten (.10) . 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 s:zall be final. Written notice of such findings shall be served upon the appli- cant in the manner prescribed. above for serving notice of the action taken on the application for reclassification. (766, goo, 1605-9/70) S. 2114.1 A& BUSINESS LICENSE BUSINESS S. 2114.1 License Tax: "Average Number of Employees.." Every person descrNed in the following classifications who engage in business within the City of Huntington Beach shall pay a license tax based upon the "Average Number of Employees" at the rates hereinafter set forth: CLASSIFICATION "A" Abstractor of Titles Electrical Engineer Accountant Electrologist Accounting Service Employment. Agency or Bureau Advertising Agent Fine Arts or -Music School Agricultural Advisor or Counselor Geologist Appraiser Herbalist Aquarian Chirothessian Industrial Relations Consultant Architect Insurance Adjuster Assayer Interior Decorator Attorney-at-Law Investment Counselor Auctioneer;! Labor Relations Consultant Auditor Landscape Architect Bacteriologist Lapidary Bail Bond Broker Mechanical Engineer Barber Shop Mortician Beauty Shop Naturopath Business Management Oculist 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 & 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 Sanitiation 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 Removing Detective Agency tree Surgery Draftsman Tree Trimming Drugless Practitioner Veterinarian 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 ordinance will be classified in the above category: BUSINESS BUSINESS LICENSE S . 2114.2 CLASSIFICATIONS CLASSIFICATION "A" Classification "A" as set forth in Section 2114. 1. CLASSIFICATION "B" Any person who is licensed as a Contractor' or who is defined as a Con- tractor in subsection (f) , (g) , or (h) of Section 2111.7 of this ordi- nance: provided, that license for Contractors not maintaining a fixed place of business in the City of Huntington Beach may, at the option of applicant for such license, be. based. upon- the flat-rate fees pre- scribed in Section 2114.2 of this ord.inance . 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. CLASSIFICATION "D" Any person conducting, managing or carrying on the 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. S . 2114.2 License Tax: Flat Rate . Every person transacting and. carrying on the business 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 N shall indicate weekly fee, all amounts shown are in dollars . (766, 904) S . 2114.2 . 1 Advertising. By distributing samples or handbills, pro vided that this subsection 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. . . . . . . . . . . .$37-.50` A_. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .$75 .00 A By vehicle containing amplifier, phonograph, loudspeakers, etc: Foreach vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 A Or at the option of the licensee, for each vehicle . . . . . . . . .$15 .00 D (1604-9/70) S . 2114.2.2 BUSINESS LICENSE BUSINESS If any such vehicle is used by a city licensee to advertise solely his own licensed business and such vehicle is regularly registered and licensed by the State to such licensee, then the fee for each such vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22.50 A Or at the option of the licensee, for each such vehicle . . . . . . .$ 7.50 D By means of steropticon, biograph, moving pictures ; or similar device (not moving picture theaters ) , used outdoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$187.50 A Or, used indoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75 .00 A (7663 838, 9o4, 16o4-9/70) S . 2114.2.2 Amusements . For any amusement center room, business, or parlor containing pool tables and/or billiard tables , and/or bowling alleys, for each such table or alley with a minimum fee of $150.00 per annum. . .$ 22 .50 A Before the license indicated. in this section can be issued the applicant must obtain a permit from the City Council in accordance with the provisions of Article 533 of the Huntington Beach Ordinance Code . Boxing or wrestling exhibitions - per exhibition. . . . . . . . . . . . . .$ 22.50 Carnival, tent show or open-air show or in hall or building constructed for theatrical purposes . . . . . . . . . . . . . . . . . . 150.00 D In addition, for five concessions or less . . . . . . . . . . . . . . . . 30.00 D In addition, for each concession, in excess of five . . . . . . 6 .00 D Juke box, phonograph or motion picture device operated by insertion of coin, per machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22.50 A Skating Rinks: See Section 2114.2.22 (The owner of the business wherein the machine is located shall be held responsible for the full amount of the license fee if the owner of the machine has not paid the fee when due and payable . ) (766, 904, 1604-9/70) S . 2114.2.3 Auctioneer. For the business of auctioneer. . . . . $ 37.50 D (766, 904, 16o4-9/70) S . 2114.2.4 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. . . . . . . . . . . .$ 22 . 50 D (766, 904, 1604-9/70) S . 2114.2.5 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 accommoda- tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75 .00 A (766, 904, 1604-9/70) BUSINESS BUSINESS LICENSE S . 2114.2.6 S . 2114.2 .6 Circus . With seating capacity under 4,000 - firstday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 .00 D Each add.itional day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00 D With seating capacity over*4,000 first day. . . . . . . . . . . . . . . . 300.00 D Each additional day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00 D For every sideshow in conjunction with a circus . . . . . . . . . . . . . . 15.00 D For every concession in conjunction with a circus . . . . . . . . . . . . 7.50 D (766, go4, 16o4-9/70) S . 2114.2.7 Contractors . Every person engaging in business in this city as a contractor, as defined in subsections (f) , (g) and (h) of Section 2111.7 of this chapter, 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 2114.1 of this chapter, shall pay a license fee as indicated. herein: General engineering and/or general building contractor. . . . . . . 105 .00 A Sppecialty, subcontractor, or other. . . . . . . . . . . . . . . . . . . . . . . . . . . 52 .50 A (838, go4, 16o4-9/70) S . 2114.2 .8 Dancing Teacher. Every person enegaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing isgiven. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30:00 A (1604-9/70) S . 2114.2.10 House Moving. House moving or wrecking of buildings and/or structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75 .00 A (766, 904, 1604-9/70) S . 2114.2.11 House Moving Bond . Every person desiring to engage in the business of housemoving or wrecking of buildings and./or structures , shall before receiving a license for said business execute and. deliver to the City Clerk the bond required by Section 2112 .2.3 and. 2112.2.4 in the sum of $5,000.00. (766, g04) S . 2114.2.12 Junk Collector. For every person conducting managing or carrying on the business of junk collector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00 A or, at the option of the licensee . . . . . . . . . . . . . . . . . . . . a . . . . . . . 7.50 D (For the purpose of this subsection, a junk collector is defined to be 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, g04, 1604-9/70) S . 2114.2 .13 Junk Dealer and Auto Wrecking . For every person conducting, managing or carrying on the business of junk dealer or auto wrecker. . . . . . . . . . . . . . . . . .$150 .00 A . (For the purpose of this section an auto wrecker is defined to be and construed to mean and include any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or dis- assembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles . ) (7665 9045 1604-9/70) S . 2114.2 . 14 BUSINESS LICENSE BUSINESS S . 2114.2. 14 Music or Fine Arts Teacher. Every person engaged in the profession of teaching music, dramatics , art, designing, dressmaking, mechanics, or any other trade or find art who has no regularly established place of business where such teachingis carried on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37.50 A (766, 904, 1604-9/70) S . 2114.2.15 Office Building. For every person conducting, managing, or carrying on the business of operating an office building, for each office therein. . . . . . . . . . . . . . . . . . . .$ 3 .00 A (1604-9/70) S . 2114.2. 16 Outdoor Theaters . For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited: Number of Stalls Fee Per Annum First 500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . 300.00 All over 500. . . . . . . . . . . . . . . . . . (per stall) . . . . . . .45 A separate license shall be obtained for snack bars, food stands and other concessions . (766, 904, 1604-9/70) S . 2114.2.17 Pawnbroker. For the purpose of this section the term pawnbroker" shall include every person con- ducting, managing, or carrying on the business of loaning 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 loaning 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$450.00 A (766, -go4, - 1604-9/70) S . 2114.2. 18 Peddler. Peddlers of flags , banners, balloons cones, horns, kites , noise-making instruments , toys , notions, souvenirs , or similar goods or novelties of any description other than from a stand, tent, wagon or other vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7.50 A Byvehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 60.00 A Peddlers of any article or commodity not mentioned in this section, including every person, firm, or corporation con- ducting the business of selling and delivering any good.s 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 thiscity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 D 60.00 A BUSINESS BUSINESS LICENSE S . 2114.2 .19 Provided, however, that issuance of a license to any person, firm or corporation under this section shall not be construed to permit viola- tion by such person, firm, or corporation of Article 553 of the Huntington Beach Ordinance Code . The license tax prescribed by this section shall cover one person and in the case of route ped.dlers, 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 Section 4048, 4o48.1, 4o48.2 and 4048.3 of the Huntington Beach Ordinance Code and. with the provisions of subsections lb, 2a, b, c d, e f, 3, 4 and 5 of Section 2113.3 of this chapter. (766, 838, 9045 160�--9/70) S . 2114.2.19 Public Dance Hall. Public Dance and Dinner Dancing Place . Every person conducting; managing, or operating a public dance hall or dinner place . . . . . . . . . . . . .$300.00 A Every person conducting, managing or operating a public dance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .per person. . . . . . . . . .$ 22 .50. For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth- A. Public Dance Hall is a place open to the public upon the payment of an 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 is a dance open to the public for an admittance fee or charge , which is held. on one day only. C. Dinner Dancing Place is a place where music is provided. and. the public is permitted to dance without payment of a fee . (766, 904, 1604-9/70) _ S . 2114.2.20 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, 904, 1604-9/70) S . 2114.2.21 Rooming House Apartment House Motel Bungalow or Auto Court. For every person cond.ucting, 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: perunit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6.00 S. 2114.2 .22 Skating Rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$150.00 A (766, goo, 16o4-9/70) S . 2114.2 .23 BUSINESS LICENSE BUSINESS S . 2114.2 .23 Small Stands and Businesses - Temporary and. Permanent. Every. person, not having a regularly established. place of business in this city, who sells or offers for sale goods or articles of any description in his possession, or services, at, on or from a stand upon any public street, alley, or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall paya fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 .50 A or, at the option of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 50 D (766, 9o4, 16o4-9/70) S . 2114.2.24 Solicitor or Canvasser. For every person con- ducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.00 D (Prior to the issuance of any license under this section each a pli cant shall comply with the provisions of Sections 4048, 048. 1, 048.2 and 4048.3 of the Huntington Beach Ordinance Code and. with .the pro- visions of subsections lb, 2a, b, c, d, e, f, 3, 4, and 5 of Section 2112.3 of this chapter. 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 chapter, or who takes orders only from businesses licensed. under this chapter. ) (766, 838, 904, 16o4-9/70) S . 2114.2.25 Same . on Streets , for Hotels, Etc . 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. . . . . .$ 75.00 A (7665 904, 1604-9/70) S . 2114.2 .26 Stockyard Auction. For every person conduct- ing, 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150.00 A (1604-9/70) S . 21l4.2 .27 Trailer Parks . For every person conducting, managing or carrying on the business of trailer park or mobile home park, Seventy-Five Dollars ($75.00) annually for the first twenty- five (25) trailer spaces .and Two-Dollars and Twenty-Five Cents ($2.25) for each_ad.d.itional trailer space . (766, 838, 9o4, 1604-9/70) _ _ BUSINESS BUSINESS LICENSE S . 2114.2.28 S . 2114.2.28 Transportation, Trucking and 11auling . Every pe:t-son engaged in the business , in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods , wares , merchandise, pro- ducts of any nature , raw materials , pipe or castings , tanks or machinery or tools of any description, when said person has an established place of business within the city, shall pay an annual license fee in accord- ante with the following schedule for each and every motor vehicle .so used or operated in excess of one vehicle . For vehicles with a manufacturer's rated capacity of under 1 ton. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7.50 A For vehicles with a manufacturer' s rated capacity of under, 3 tons, but 1 ton or over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22.50 A For vehicles with a manufacturer's capacity of 3 tons orover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30.00 A (766, 838, goo, 16o4-9/70) S . 2114.2.29 Same . 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, pro- ducts 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 establishe place of business within this city, shall pay an annual license fee of Thirty Seven Dollars and Fifty Cents ($37.50) for each and every vehicle so used or operated other than those vehicles described in Section 2114.2.30. (766, 838, go4 , 16o4-9/70) Exemptions and Exceptions: 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 (13) in any quarter of the year. More than thirteen (13) 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 . S . 2114.2. 30 Same . All Others . Every person engaged in the business in whole or in part, of using or operating motor vehicle: for the transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum by-products in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any description, or any other articles of commodity not otherwise classified in Section 2114.2.2; and Section 2114.2.29, 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 Section 2114.2.28 and. Section 2114.2.29 of this chapter shall pay an annual license fee based. upon each motor vehicle so used or operated as follows: S . 2114.2.31 BUSINESS LICENSE BUSINESS Dump Trucks: For each vehicle with single rear axle . . . . . . . . . . . . . . . . . 15 .00 A For each vehicle with dual rear axles . . . . . . . . . . . . . . . . 18.00 A Tank Truck or Tank wagon: Semi-tractor and front trailer considered as one tank truck or tank wagon) . For each tank truck or tank wagon. . . . . . . . . . . . . . . . . . . . . 60.00 A For each additional tank truck, wagon or trailer. . . . . . . 6 .00 A (766, 838, 904, 1604-9/70) S . 2114.2 .31 Truck Rental or Leasing . Every person conducting, managing, or carrying on the business of renting or leasing the use of any truck or motor propelled. vehicle for the trans- portation 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 con- trol of the person hiring the same, shall pay an annual license fee of Thirty Seven Dollars and. Fifty Cents ($37.50) plus Fifteen Dollars ($15.00) for each truck or vehicle over one used in the business . In the case of persons operating trucks or vehicles in this city, within the meaning of Section 2114.2.29 and/or Section 2114.2.30, 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 Section 2114.2.29 or Section 2114.2.30, which- ever 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 ad.d.itional fee for each such truck or vehicle so rented or leased over one used in the business . (766, 838, 904, 1604-9/70) S . 2114.2.32 Passenger Vehicle Rental or Leasing. Every person con- ducting, 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 representa- tive 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 Thirty- Seven Dollars and Fifty Cents ($37.50) plus Seven Dollars and Fifty Cents ($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 Thirty-Seven Dollars and Fifty Cents ($37.50) will be required in addition to the prescribed fees for each vehicle over one used in the business . (766, 904, 1604-9/70) S . 2114.2.33 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 One Dollar and. Fifty Cents �$1.50) er wheel for all trailers used in the business . (766, 904, 1 04-9/70� BUSINESS BUSINESS LICENSE S . 2114.2. 34 Transportation - Water. Every person engaged in the business, in whole, or in part, of using or operating any boat or barge in connection with the conduct of their business, for the transportation or accommodation of passengers , whether I.ee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods , wares, merchandise, products of any nature, raw materials , waste materials, pipe or castings, tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: For the first vessel. . . . . . . . . . . . . . . . . . . .$ 37.50 A For each and every vessel so used or operated. . in excess of one vessel: Less than 16 feet in length. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 .50 A 16 feet or over but less than 26 feet in length. . . . . . . . . . . . . 15 .00 A 26 feet or over but less than 40 feet in length. . . . . . . . . . . . . 22.50 A 40 feet or over in length. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 A (904, 1604-9/70) S . 2114.2.35 Vending and Bulk-Vending Machines . Every person owning, conducting, transacting, managing, operating or carry- ing on the business of providing, furnishing, letting the use of, dis- tributing, or maintaining any vending machine or bulk-vending machine, as defined. in this chapter and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: VENDING MACHINES For each service machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3.00 A All others: For each machine charging .Ol to and including Ng 4. . . . . . . . 2.00 A For each machine charging .05 to and including . . . . . . . . 6.00 A For each machine charging 110 and. over. . . . . . . . . . . . . . . . . . . . . 12 .00 A For each cigarette-vending machine . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 A Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and. provisions hereof. BULK-VENDING MACHINES For each machine charging .Ol to and. including Ng 4. . . . . . . . 2.00 A For each machine charging .05 to and. including . . . . . . . . 4.00 A For each machine charging 110 or over. . . . . . . . . . . . . . . . . . . . . . 6.00 A In the event any license fee provided for 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 . A person having a business license in connection with a fixed place of business in this city is exempt from payment of license fees otherwise required by this section on any vending or bulk-vending machine owned by such .person and located in such fixed place of business . (7665 838, 904, 1461) S . 2114.2.36 BUSINESS LICENSE -- BUSINESS S . 2114.2 . 36 Water Companies . For the maximum number of c us tOIIIC I.'., at one time during the preceding calendar year. . . . percustomer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ .75 (766, 904, 1604-9/70) S . 2114.2.37 Subdivision of Land.. Any person, partnership, corpora- tion or other entity engaging in the business of sub- dividing land shall be subject to a business license tax based _on the number of lots or parcels created. as shown on each approved. final tract map at the per lot rate of One Hund.red. Fifty Dollars ($150.00) . Said tax shall be on the entire business of subdividing including subdividing, improvement, construction and. selling. (988, 160g-9/70) S . 2114.3 Effective Date . The rates set forth in Section 2114 and. all subdivisions thereunder shall be effective as to all new licenses issued. after the effective date of this amend.ment, and with respect to licenses issued before such effective date whose renewal dates occur after such effective date, the rates set forth in Section 2114 and. all subsections thereof, shall apply on .and. after such renewal dates . (1604-9/70) HEALTH WATER DEPARTMENT S . 3411 CHAPTER 34 WATER DEPARTMENT ARTICLE 341. CREATION OF WATER DEPARTMENT 342 . SERVICE CONNECTIONS 343 . FEES, RATES AND:DEPOSITS 344. REGULATIONS APPLYING TO USE OF WATER 345 . EXTENSION OF WATER MAINS ARTICLE 341 CREATION OF WATER DEPARTMENT S . 3411 WATER DEPARTMENT CREATED. There is hereby created a Water Department for the City of Huntington Beach which shall embrace and include all property of every character used in or incident to the production, storage , conveyance and. delivery of water to the consumers thereof in the City, together with all other property that may from time to time hereafter be added to it for such purposes . (674) S . 3412 WATER SUPERINTENDENT, CREATION OF: The office of Water, Superintendent of the Huntington Beach Water Department is hereby created and the City Council shall appoint such Water Superin- tendent who shall hold office during the pleasure of the Council and shall receive such compensation for his services as the Council shall direct . (674) S . 3412 . 1 Acting Water Superintendent: The City Engineer of the City of Huntington Beach shall be the Acting Water Superintendent of the Huntington Beach Water Department until such time as the City Council shall appoint a Water Superintendent. The City Engineer shall receive no additional compensation for services . rendered as Acting Water Superintendent, unless directed by the City Council. (674) S . 3413 WATER SUPERINTENDENT. DUTIES OF: The Superintendent of the Water Department of he City of Huntington Beach shall be responsible for the operation of said. Water Department and. the per- formance of the duties, obligations and requirements as set forth in Chapter 34 of the Huntington Beach Ordinance Code, and shall perform such other duties as may be designated from time to time by the City Council. (674) S . 3414 The Superintendent of the Water Department of the City of Huntington Beach is hereby authorized and directed. to ad.d. sodium fluoride to the water in the city water system in such amounts that the total fluoride content of such water shall " ot exceed one part fluoride per million parts of water. (1594-8/70)` S. 3421 WATER DEPARTMENT HEALTH ARTICLE 342 SERVICE CONNECTIONS S. 3421 ADDlication Form: Before water can be served from the City mains to any person or for any premises , such per- ' son 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) S. 3422 Separate Service Connections Required: Every premise supplied by City water shall have its own separate ser- vice connection with the City Main, and the premises so supplied shall not supply water to any other premises. (674) S. 3423 Service Connections. _Multiple Occupancies on Same Premises : Where more than one occupany is placed on the same par- cel of property and each is conducting a separately established residence or business , a water meter shall be required and in- stalled for each occu ancy, unless otherwise approved by the Water Superintendent. (674 S. 3424 Service Connections : Exceptions : (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. (b) Where two or more buildings owned by the same person are built upon the lot , said buildings may be served by one service pied. and one meter if approved by the Water Superintendent. (674) S. 3425 Service Connections : Split of Property: 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) S. 3426 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 water works in the City. (674) CONTENT'S PLANNING CHAPTERS-AET ICLES, CHAPTER 90 - PLANNING COMMISSION AND DIS`1'RIC'T'I111, PLAN Article 900 City Planning Commission 901 - Purpose and. Effect of Districting 902 - Enforcement 905 - Establishment of Districts 906 - Districting Maps CHAPTER 91 - LOW DENSITY RESIDENTIAL DISTRICTS Article 910 - R1 District - Single Family Residence District 913 - Rl-PD5 District - Single Family Planned Development 916 - R2 District - Two Family Residence District CHAPTER 92 - HIGH DENSITY RESIDENTIAL DISTRICTS Article 920 - R3 District - Limited Multiple Family Residence District 923 - R4 District - Multiple Family Residence District 924 - Mobilehome District 925 - R5 District - Office-Professional CHAPTER 93 - SPECIAL DEVELOPMENTS Article 931 - Planned Residential Development CHAPTER 94 - COMMERCIAL DISTRICTS Article 941 - Cl District - Neighborhood. Commercial 943 - C2 District - Community Business 945 - C3 District - General Business 947 - C4 District - Highway Commercial CHAPTER 95 - INDUSTRIAL DISTRICTS Article 951 - Ml-A District - Restricted Manufacturing 953 - Ml District - Light Industrial 955 - M2 District - Industrial CHAPTER 96 - MISCELLANEOUS DISTRICTS Article 960 - RA District - Residential Agricultural District 961 - Al District - Agricultural 962 - SP-1 District - Special Zone (Cemeteries ) 965 - Sl District - Shoreline 966 - Community Facilities District 967 - Civic District Suffix 968 - 0 District - Combining Oil CONTENT"') PLANNING CHAPTEE'S-AI:TJ.CLI CHAP'JT:11 C'AIi;NLOEAL PRUV_U',;ION I Article 970 - Definition;; 971 - Non-conforming Uses and :Buildings 973 - Miscellaneous 974 - Park and Recreational Facilities 975 - Undergrounding of Utilities 976 - Sign Code 977 - Yards 978 - Setback 979 - Off-Street Parking CHAPTER 98 - ADMINISTRATION Article 980 - General 981 - Board. of Zoning Adjustments 982 - Amend.ments 983 - Conditional Exceptions 984 - Use Permits 985 - Design Review Board 986 - Petitions 987 - Hearings 988 - Appeal 989 - Site Plan CHAPTER 99 - CITY SUBDIVISION ORDINANCE Article 990 - Purpose of Ordinance 991 - Definitions 992 - Tentative Maps 993 - Final Maps 994 - General Regulation and Design 995 - Improvements 996 — Exceptions 997 - Appeal 998 - Parks & Recreational Facilities PLANNING HIGH DENSITY RESIDENTIAL DISTRICTS ARTICLE 920 CHAPTER 92 HIGH DENSITY RESIDENTIAL DISTRICTS ARTICLE 920. R3 - LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT 923 . R4 - MULTIPLE FAMILY RESIDENCE DISTRICT 924. MOBILEHOME DISTRICT 925. R5 - OFFICE —PROFESSIONAL ARTICLE 920 R3 DISTRICT LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT (495, 556 , 1076 , 1077, 1194) S . 9200 R3 ZONE, INTENT S . 9201 R3 ZONE, USES PERMITTED S . 9201. 1 Residences S . 9201 . 3 Uses Permits S . 9202 R3 ZONE, PROPERTY DEVELOPMENT STANDARDS S . 9202. 1 Minimum Lot Area S . 9202. 2 Minimum Lot Width S . 9202.3 Maximum Density S . 9202.4 Lot Coverage S . 9202. 5 Distance Between Main Buildings S . 9202.6 Maximum Building Height S . 9203 R3 ZONE, YARD REQUIREMENTS S . 9203 . 1 Front Yard S . 9203 . 2 Side Yard S . 9203 .3 All Yards S . 9203 .4 Yard Exceptions S . 9204 R3 ZONE, FENCES , WALLS , OR HEDGES S . 9205 R3 ZONE, ACCESSORY BUILDINGS S . 9206 R3 ZONE, PARKING REQUIREMENTS S . 9206 . 2 Type of Off-Street Parking Facility S . 9206 .3 Parking Space Dimensions S . 9206 .4 Minimum Turning Radius for Required Parking Spaces S . 9206 . 5 Setback from a Street S . 9206 .6 Lots Abutting Arterial Highways S . 9206 .7 Garages Facing a Street S . 9206 .8 Parking in Front of Dwellings S . 9206 .9 Minimum Driveway Requirements S . 9200 HIGH DENSITY RESIDENTIAL DISTRICTS PLANNING S-. 9200 R3 ZONE, INTENT. This zone is intended to provide a fairly high population density, but will preserve adequate light, air, ventilation and open space . S . 9201 R3 ZONE. USES PERMITTED. The following uses are permitted in this zone : S . 9201 . 1 Residences . Two or more attached dwelling units permanently located, and the customary accessory uses and structures are permitted in this zone. No tent, trailer, vehicle, or temporary structure shall be used for dwelling purposes . S . 9201.3 Uses Subject to Use Permit. The following uses may be permitted subject to the issuance of a Use Permit : S . 9201 . 3 . 1 Planned Residential Developments pursuant to the pro- visions of Article 984. ( 1563-3/70) S . 9201 . 3 .2 Private Full Time Day School are Permitted in this District Subject to the Following Conditions : (a) Said schools shall meet all curriculum requirements as estab- lished by the State of California . (b) Fifty per cent of the site shall be maintained for outdoor play area . (c) Off-street parking shall be provided at the following ratios : 1. Elementary schools - 1� parking spaces for each classroom. 2. Junior High schools - 4 parking spaces for each classroom. 3 . High schools - 7 parking spaces for each classroom. (d) One off-street parking space shall be provided for each 75 square feet of gross floor area within any auditorium or assembly room. S . 9201 .3 . 2. 1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. (1194) - i S . 9201 .3 . 3 Public utility substations that do not exceed 1 acre in net area . i PLANNING HIGH DENSITY RESIDENTIAL DISTRICTS S . 9240 ARTICLE 924 MOBILEHOME DISTRICT {1599-9/70) S . 9240 INTENT AND PURPOSE . This article is established to set forth. minimum standards for mobilehome parks in recognition of the fact that mob ilehomes are being used to satisfy a portion of the demand for permanent housing and' as such, the establishment of minimum standards for mobilehome parks is a necessary step toward the promotion of a better living environment . In those areas concerning mobilehomes and mobilehome parks in which the city has no authority to adopt regulations, the state regulations shall apply, and in those areas in which the city has authority to adopt regulations and both the city and state have adopted regulations , the more restrictive regula- tions shall apply. S . 9241 DEFINITIONS . Except as specifically defined in Article 970 of this . code, the terms in this article are used as defined in the Mobilehome Act in Health and Safety Code Sections, 18000 et seq. , and in Title 8 of the California Administrative Code, commencing with Section 16250. S . 9242 .1 Uses Permitted . The following uses are permitted in the . MH. d Mobilehome District, subject to the regulations con- tained herein provided an application for use permit is first approved by the Board of Zoning Adjustments: (a) Mobilehomes within a mobilehome park. (b) Uses normally found in conjunction with mobilehome parks that are incidental to the park and operated for the convenience of the residents thereof. S . 9242.2 Criteria for Approval. Prior to approving an application for an MH zone, the Planning Commission shall consider the following: (a) The relationship of the proposed mobilehome park to surrounding land use . (b) Soil conditions . (c) Access to the area under consideration. (It is preferred that such area abut an arterial highway from which the primary means of .access should be obtained . ) (d) The minimum site area shall not be less than ten (10) ages . S . 9242.3 Maximum Density. The maximum density shall be nine (9) spaces per gross acre . Such area shall not include open or public land as defined in this code . A maximum of one mobilehome shall be permitted permitted per mobilehome space, provided that this requirement shall not prohibit the combining of two or more mobilehome modular units to create a single residence . S . 9242 .4 HIGH DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9242 .4 Maximum Building Height . (a) The maximum building height for mobilehomes shall not exceed twenty (20) feet and shall not exceed one story except that two- story mobilehomes that do not exceed a height of thirty (30) feet may be permitted upon approval of a use permit application there- for by the Planning Commission. (b) The maximum building height for all structures other than recrea- tion buildings and mobilehomes shall not exceed fifteen (15) feet and. shall not exceed one story. _ (c) The maximum building height for recreation buildings shall not exceed thirty-five (35) feet . S . 9242.5 Recreation Area. A minimum of two hundred (200) square feet of recreation and leisure area shall be provided for each mobilehome space within the park. Such area may be in one or more locations and shall be arranged so as to be readily accessible to all residents of the mobilehome park. S . 9242 .6 Storage Space . The mobilehome owner shall provide a min- imum of 150 cubic feet of enclosed, usable storage space on his mobilehome space . Said storage space shall be provided prior to occupancy of such mobilehome . Storage space within the mobilehome shall not satisfy all or any part of the requirements of this section. S . 9242.7 Screening Requirements . In order to provide a buffer between mobilehome parks and abutting uses, the standards set forth in this section shall apply. (a) An opaque screen having a minimum height of six (6) feet shall be installed. and maintained along but no closer than six (6) feet from the ultimate right-of-way of any public street . Where there is a difference in elevation on opposite sides of the screen, the .height shall be measured from the highest grade level. Such screen shall consist of one or any combination of the following: (1) Walls . A wall constructed of concrete, stone, brick, the or similar type of solid masonry material, having a minimum thickness of six (6) inches . (2) Berms . A berm shall not exceed twenty (20) feet in width at the base and. shall be constructed of earthen materials and it shall be landscaped to the right-of-way line . (b) The setback between the walls or berm and. the right-of-way line shall be landscaped , equipped with a sprinkling system or adequate substitute approved by the Board of Zoning Adjustments , and such area and sprinkling system or substitute shall be per- manently maintained . (c) Screening along public streets and variations in the type of screening along public streets and in landscaping is encouraged, and a plan depicting the location and type of screen and a general landscaping scheme shall be submitted to the Board of Zoning Adjustments with the use .permit application. PLANNING H1, _ DENSITY RESIDENTIAL DISTi._JTS S . 92L?.7 (d ) (d) A six (6) foot . high concrete or masonry wall shall be provided as a buffer along all interior boundaries of the mobilehome park. The height of such walls shall be measured from the highest grade level. (e) The Board of Zoning Adjustments may grant exceptions to the require- ments of this section if the Board d.etermines that the intent of these requirements will be carried out . S . 9242.8 Minimum Setbae.ks for Mobilehomes . The following setback requirements shall apply to mobilehomes and all accessory structures: (a) Front Yard Setback. The minimum front yard setback shall be five 5 feet . Such front. yard shall be landscaped . (b) Rear Yard Setback. The minimum rear yard setback shall be five 5 feet. (c) Side Yard Setback. The total side yard. setback for both side yards shall not be less than ten (10) feet . In 'no case shall the minimum side yard on any one side of the mobilehome be less than three (3) feet. S . 9242.9 Maximum Coverage . The area of space covered by a mobile home and. related structure shall not exceed seventy-five percent (75%) of the mobilehome space . S . 9242.10 Parking Requirements . Two conveniently accessible parking spaces shall be provided for each mobilehome space . Each parking space shall have a minimum dimension of nine feet by nineteen feet (9' X 191 ) and. may be arranged in tandem. One of the required spaces shall be covered (this requirement shall be satisfied prior to occupancy of each mobilehome) . Guest parking shall be provided at the rate of one (1) parking space for each three (3) mobilehome spaces . Such parking shall be provided in off-street parking bays and shall conform to the require- ments of Article 979 of this code . Where parking is permitted on one or both sides of a driveway, such parking may be used to meet the guest parking requirements . Guest parking shall be evenly d.istributed throughout the park so as to be available to all spaces . S . 9242. 11 Driveway Standards . (a) The minimum driveway width for all driveways within a mobilehome park shall be thirty-three (33) feet except where parallel parking ' is permitted on both sides of the street, in which case a minimum street width of forty-one (41) feet shall be provided . (b) The inside radius on turns for driveways shall be twenty-five (25) feet . S . 9242 . 11 (c:) HIGH Dh_6ITY RESIDENTIAL DISTRICTS PLANNING (c) Construction of base paving, curbs and gutters on all private driveways shall be approved by the Department of Public Works . (d.) Surface drainage along the driveway within the mobilehome park shall be by means of concrete gutters . (e) A lighting system shall be installed. along all driveways . Such lighting system shall be approved by the Department of Public Works . S . 9242.12 Tree Planting. (a) Public Streets . One twenty (20) inch box tree shall be provided for each eighty (80) feet of -mobilehome park frontage along a public street . The arrangement of such trees shall be approved. by the Street Tree Superintendent . I (b) On-Site Trees . One fifteen (15) gallon tree shall be provided on each mobilehome space . This requirement shall be satisfied prior to occupancy of the mobilehome on such space . S . 9242 . 13 Screening of Undercarriage . The undercarriage of all mobilehomes shall be screened from view on all sid.es except that an access panel shall be provided accord.ing to state requirements . S . 9242 . 14 Boat or Trailer Storage . Areas in the mobilehome park shall be - set aside for boat or trailer storage . Such areas shall be enclosed or screened. from view by a six (6) foot high fence or wall and. shall be maintained in a neat and orderly manner. Consideration should. be given to adjacent uses and the area should be situated in such a manner as to maintain a compatible relationship between uses on same property and adjacent property. S . 9242. 15 Trash Collection. Trash collection areas or individual trash pickup for each space shall be provided . Where trash collection areas are provided, such areas shall be adequately dis- tributed throughout the park and shall be enclosed or screened from view by a six (6) foot high fence or wall and shall be maintained in a neat and sanitary condition. S . 9242. 16 Signs . All signs shall conform to the requirement of Article 976 of this code . FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 9/3/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE S. 3411 S. 3411 Article 974 Article 974 Article 998 Article 998 A HEALTH WATER DEPARTMENT S . 3411 CHAPTER 34 WATER DEPARTMENT ARTICLE 341. CREATION OF WATER DEPARTMENT 342. SERVICE CONNECTIONS 343. FEES, RATES AND.DEPOSITS 344. REGULATIONS APPLYING TO USE OF WATER 345. EXTENSION OF WATER MAINS ARTICLE 341 CREATION OF WATER DEPARTMENT S - 341l WATER DEPARTMENT CREATED. There is hereby created a Water Department for the City -of Huntington Beach which shall embrace and include all property of every character used in or incident to the production, storage, conveyance and. delivery of water to the consumers thereof in the City, together with all other property that may from time to time hereafter be ad.d.ed. to it for such purposes. (674) . S . 3412 WATER SUPERINTENDENT, CREATION OF: The office of. Water Superintendent of the Huntington -Beach Water Department is hereby created. and the City Council shall appoint such Water Superin- tendent who shall hold office during the pleasure of the Council and shall receive such compensation for his services as the Council shall direct. (674) S . 3412.1 Acting Water Superintendent: The City Engineer of the City of Huntington Beach shall be the Acting Water Superintendent of the Huntington Beach Water Department until such time as the City Council shall appoint a Water Superintendent. The City Engineer ,shall receive no additional compensation for services rendered. as Acting Water Superintendent, unless directed by the City Council. (674) S . 3413 WATER SUPERINTENDENT. DUTIES OF: The Superintendent of the Water Department of the .CI-Ey' of. Huntington Beach shall be responsible for the operation of said. Water Department and. the per- formance of the duties, obligations and requirements as set forth in Chapter 34 of the Huntington Beach Ordinance Code, and shall perform such other duties as may be designated from time to time by the City Council. (674) S . 3414 The Superintendent of the Water Department of the City of Huntington Beach is hereby authorized and. directed. to ad.d. sodium fluoride to the water in the city water system in such amounts that the total fluoride content of such water shall not exceed one part fluoride per million-WON °�of water. (1594-8/70) PARTS S. 3421 WATER DEPARTMENT HEALTH ARTICLE 342 SERVICE CONNECTIONS S. 3421 Application Form: Before water can be served from the City mains to any person or for any premises , such per- son 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) S. 3422 Separate Service Connections Required: Every premise supplied by City water shall have 177 own separate ser- vice connection with the City Main, and the premises so supplied shall not supply water to any other :premises. (674) S. 3423 Service Connections. Multiple Occu ancies on Same Premises : Where more than one occupany is placed on the same par- cel of property and each is conducting a separately established residence or business, a water meter shall be required and in- stalled for each occupancy, unless otherwise approved by the Water Superintendent. (674) S. 3424 Service Connections : Exceptions : (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. (b) Where two or more buildings owned by the same person are built upon the lot , said buildings may be served by- one service pip_6, and one meter if approved by the Water Superintendent. (674 S. 3425 Service Connections : Split of Pro ert : Whenever one service pipe and meter hag 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) S. 3426 Interfering with Pipes : No person shall, without the permission of the Water Superintendent , or his duly appointed agents oremployees , 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 water works in the City. '-(674) PLANNING GENERAL PROVISIONS S . 9740 A.IiTIC C,l; O'Ol PARK AND RECREATIONAL FACILITIES l3 9 - 70 S . 974o INTENT. This article is intended. to provide a means for implementing the Parks, Open Spaces, Schools and Recreational Element of the Master Plan of Land. Use which establishes definite prin- ciples and. standards for park and recreational facilities to serve the residents of Huntington Beach. S . 9741 DEVELOPERS OR PERSONS MUST PROVIDE PARK AND RECREATIONAL FACILITIES . Every resid.ential developer or person. who develops land for. resid.ential purposes shall dedicate a portion of such land, pay a fee, or a combination of both, as set forth in this article for the purpose of providing park and. recreational facilities to serve future residents of such development . This article shall not apply to alterations or additions to an existing dwelling unit, provided said. alteration or ad.d.ition does not create an additional dwelling unit. S . 9742 APPLICATION. The provisions of this article shall apply to all residential developments . S . 9743 . RELATION OF LAND REQUIRED TO POPULATION DENSITY. It is hereby found and. determined.: S . 9743. 1 That the public interest, convenience, health, welfare and safety require that approximately four (4) acres of property for each one thousand (1,000) persons residing within the city, be. devoted to public park and. recreational purposes . S . 9743 .2 That said requirement will be satisfied in part by arrange- ments between the city and. the local school districts to make available for park and recreation purposes, one and. one-half (12) acres of property for each one thousand (1,000) persons residing within the city. S . 9743 .3 That the remaining two and one-half (22) acres of the required four (4) acres shall be supplied. as required by this article . S . 9744 POPULATION DENSITY. For the purpose of this article , popula- tion density shall be establishedby resolution of the City. Council on the basis of the most recent data available in the form of the Federal or State census or records of the City of Huntington Beach. Such .d.ensity shall be determined. according to the following: (a) Low Density Residential Areas . All residential areas where there are eight or less units per gross acre, minus area d.evoted to open or public land . 1 S . 9744 (b) GENERAL PROVISIONS PLANNING (b) Multiple Family Residential Areas . All residential areas where there are more than eight units per gross acre, minus areas devoted to open or public land, in which case the density shall be according to the type of dwelling unit as follows: 1. Single or bachelor 2. One bedroom 3 . Two bedroom 4. Two bedroom with den 5. Three or more bedrooms For the purposes of this section; when a room such as a den, study or sewing room, is provided in conjunction with a single, bachelor, or one-bedroom unit, and said. room meets the Uniform Building Code definition of a habitable room, such room shall be considered a bed- room. When a room such as a den, study or sewing room, is provided in conjunction with a two-bedroom unit and said room meets the Uniform Building Code definition of a habitable room, such additional room shall not be considered a den, study or sewing room, but as a bedroom if a ward.robe, closet or similar facility normally found in a bedroom is proposed and if such room is constructed in such a manner that fifty percent (50%) or less of one wall is open to an adjacent room or hallway. If the Board of Zoning Adjustment determines that a room can be converted to a bedroom, such room shall be considered a bedroom. (c) Mobile Home. Developments . S . 9744.1 Number of Dwelling Units or Bedrooms . The total number of dwelling un its or bedrooms shaZ. T—be determined by the number of units or bedrooms proposed. to be constructed by the d.eveloper. The actual number of bedrooms shall be as shown on the building plans filed with the Building Department . S . 9745 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID. The amount of land. to be dedicated. or fee to be paid shall be determined by the following: S . 9745. 1 Amount of Land to be Dedicated . The amount of land. to be dedicated by a developer shall be . based on the following formula: (a) A = 2 .5 (D.F . x No . D.U. ) 1000 (b) Definition of Terms: 1. A - The area in acres required to be dedicated. as park sites or to be appraised for fee payment for the development. 2. D.F. - Density factor obtained from Section 9744.4 as applicable to proposed d.evelopment . 3 . 2.5 - Number of acres per 1000 persons . 4. No . D.U. - Number of dwelling units proposed in the development. PLANNING GENERAL PROVISIONS S . 9745 .2 S . 9745.2 Amount of Fee in Lieu of Land Dedication S . 9745.2.1 When a fee is required. to be paid in lieu of dedication, such fee shall be equal to the amount based upon the median, fair-market value of land in all neighborhood public parks within the city if such land were not used for, or zoned for, park or recreational purposes . Such value shall exclude improvements and .shall be adopted. by resolution. S . 9745.2 .2 "Fair-market value" shall be determined in accordance with the following: (a) Periodic appraisal of all neighborhood parks within the city .by a qualified real estate appraiser. (b) If the developer objects to . such valuation, he may, at his expense, obtain an appraisal of such neighborhood. parks by a qualified real .estate appraiser . Said. appraisal may be accepted. by the City Council if found reasonable; or (c) The city and. developer may agree as to the fair-market value . Procedures for determining value of land. shall be developed to meet the particular situation.. S • 9745.3 Combination of Land. and. Fee . S . 9745.3. 1 Procedure . The procedure for determining whether the developer is to dedicate land, pay a fee or a combination of both, shall be as follows: S . 9745. 3.2 Developers required to or desiring to d.ed.icate property for park and recreational purposes shall, prior to filing building plans for approval, check with the city to determine whether or not their property lies within the city' s Master Plan of Parks , Open Spaces, Schools and Recreational Facilities. S • 9745.3 .3 If the developer 's property is shown on said master plan for neighborhood parks, he shall coordinate the develop- ment with the necessary departments to incorporate the park site(s ) into such development . S . 9745.3 .4 If the developer' s property is not shown on said. master plan for neighborhood. parks and a school site is proposed. within or in close proximity to said property, a park site adjacent to said school site shall be developed and. the developer shall coordinate his development with the necessary departments to incorporate the park site (s) into such development. The intent of his section is to locate neighborhood parks ad.jacent to elementary schools . hoF. Air S . 9745.3.5 If the property consists of five (5) acreE or less and a park site is shown on the Master Plan for Parks, Open Spaces, Schools and Recreational Facilities , or a school site is pro- posed. within or in close proximity to said property, the developer shall reserve land. for a park site and enter into negotiations with the city for purchase of said property for park purposes . S . 9745.3 .6 GENERAL PROVISIONS PLANNING S . 9745.3 .6 If the property consists of five (5) acres or less and a park site is not required., the developer shall pay a fee in lieu of land dedication. S . 9746 ACTION OF CITY. Prior to the time of plot plan approval, the .Building. Director shall transmit said. plan to the Planning Commission for review. The Planning Commission shall d.eter- mine whether to require dedication of land. within the development, payment of a fee in lieu thereof, or a combination of both. S . 9746. 1 Determination. Whether the city accepts land. dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined. by consideration of the following: (a) The Parks , Open Spaces, Schools and Recreational Element of the c ity 's Master Plan; (b) Provisions of Subsection 9745. 3.4 of this article; (c) Topography, geology, access and location of land in the sub- division available for ded.ication; and. (d.) Size and. shape of the development and. land. available for dedication. S . 9746.2 The determination of. the city that land shall be dedicated, or a fee charged, or a combination of both, shall be final and conclusive . S . 9747 CREDITS . S . 9747. 1 Credit for Special Facilities . When the developer 's master plan of development allocates space for a golf course or waterways designed to serve both the residents of the develop- ment and the general public, the developer may be credited. for supply- ing a portion of the requirements of this article not to exceed fifty. percent (50%) of such requirement. Said. special facility shall be restricted. to its initial purpose and shall be permanently d.evoted. or dedicated to use by the general public unless a satisfactory substitute is approved by the city. S . 9747 .2 Credit for Site Improvement and Development . When the developer desires to improve and /or develop public, open- space facilities, the cost of such facilities may be credited, either wholly or partially, toward the payment of the fees required by this article at the discretion of the City Council. f S . 9748 PREREQUISITES FOR APPROVAL OF BUILDING PERMIT. When dedication is required, it shall.be _accomplished prier to issuance of the building permit . When fees are required, the same shall be deposited with the city prior to the issuance of the building permit. PLANNING GENERAL PROVISIONS S . y74 S . 9749 STATEMENT OF CITY RESPONSIBILITY. S . 9749. 1 Commencement of Development. The city shall begin develop- ment of the recreation facility within five .(5) years from the time of final inspection of the development by the Building Depart- ment . S . 9749.2 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held. to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, para- graph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections, subdivision, paragraphs, sentences , clauses or phrases be declared unconstitutional.. PLA.11NING SUBDIVISIONS S • 998 o ARTICLE 998 PARKS AND RECREATIONAL FACILITIES (1238, 1597-8/70) S . 9980 RECITALS . That the City Council of the City of Huntington Beach does hereby find, determine and declare as. follows: S . 9980. 1 In 1965, the Legislature of the State of California amended the Subdivision Map Act (Section 11500 et . seq. of the Business and Professions Code) to enable cities and counties to require either the dedication of land, the payment of fees , or a combination of both, for park or recreational purposes as a condition of approval of a subdivision map . S . 9980.2 The City Council of the City of Huntington Beach has"-adopted a master plan containing a recreational element, establish- ing definite principles and standards for the park and. recreational facilities to serve its residents in compliance with Section 11500 et . seq. of the Business and Professions Code . S . 9981 SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL FACILITIES . S . 9981. 1 Every residential subdivider who subdivides land shall dedicate a portion of such land., pay a fee in lieu thereof, or do a combination of both, as set forth in this article for the purpose of providing park and recreational facilities to serve future residents of such subdivision. S . 9981.2 When a proposed subdivision is a part of a major land devel- opment project and the owner of such land proposes to permit development by several subdividers, provisions for park and recreational facilities shall be made by the major landowner through the adoption of a comprehensive plan and not by the individual developers . Where park and recreation facilities have been dedicated in excess of the requirement, the major landowner shall be given credit for excess on subsequent projects within the adopted comprehensive plan. For the purpose of this article, a major land development project shall be any land development project exceeding forty (40) acres in size . S . 9981.E Where development is proposed for construction in increments , a schedule for providing the park and, recreation facilities shall be submitted for approval by the city. S . 9982 APPLICATION. The provisions of this article shall apply to all residential subdivisions , as that phrase is defined in "Section 11500 et . seq. of the Business and Professions Code of the State of California. S . 9983 RELATION OF LAND REQUIRED TO POPULATION DENSITY. It is hereby found and determined: S . 9983 . 1 SUBDIVISIONS PLANNING S . 9983 . 1 That the public interest, convenience, health, welfare and safety require that approximately four (4) acres of property, for each one thousand (1,000) persons residing within. the city, be devoted to public park and recreational purposes . S • 9983 .2 That said requirement will be satisfied in part by arrange- ments between the city and the local school districts to make available, for park and recreation purposes, one and one-half (12) acres of school sites adjacent to the proposed park for each one thousand (1,000) persons residing within the city. S . 9983 .3 That the remaining two and one-half (22) acres of the required four (4) acres shall be supplied as required by this article . S . 9984 POPULATION DENSITY. For the purpose of this article, popula- tion.. density shall be .established by resolution of the City Council on the basis of the most recent data available in the form of the Federal or State census or records of the City of Huntington Beach. Such .density shall be determined according to the following: (a) Low Density Residential Areas . All residential areas where there are eight or less units per gross acre, minus area devoted to open or public land . (b) Multiple Family Residential Areas . All residential areas where there are more than eight units per gross acre, minus areas devoted to open or public land, in which case the density shall be according to the type of dwelling unit as follows: 1. Single or bachelor 2. One bedroom 3 . Two bedroom 4. Two bedroom with den 5. Three or more bedrooms For the purpose of this section, when a room, such as a den, study or sewing room, is provided in conjunction with a single bachelor or one-bedroom unit and said additional room meets the Uniform Building Code definition of a habitable room, such room shall be con- sidered a bedroom. When a room, such as a den, study or sewing room, is pro- vided in conjunction with a two-bedroom unit and said room meets the. Uniform Building Code definition of a habitable room, such additional room shall not be considered as a den, study or sewing room, but as a bedroom if a wardrobe, closet or similar facility normally found in a bedroom is proposed and. if such room is constructed in such manner that fifty percent (50%) or less of one wall is open to an adjacent room or hallway. If the Board of Zoning Adjustment determines that an add.i tional room can be converted to a bedroom, such room shall be con- sidered a bedroom. PLANNING SUBDIVISIONS S . 9984. 1 S . 9984. 1 Determination of the Number of Dwelling Units and Bedrooms . S . 9984. 1. 1 The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown the number oi' such units shall be based on the maximum number of units which are permitted by the city on the property included in the subdivision at the time the final tract . map is filed with the City Council for approval. S . 9984.1.2 The actual number of bedrooms shall be that number of such rooms as determined from the building plans filed with the Building Department . If the Board of Zoning Adjustment determines that any room exceeding one hundred eighty (180) square feet can be converted into two or more bedrooms, such bedroom shall be considered two or more bedrooms . S . 9985 AMOUNT OF LAND TO BE DEDICATED AND/OR FEE REQUIRED. S . 998.5. 1 Amount of Land to be Dedicated . The. amount of land required to be dedicated by a subdivider pursuant to this section shall be based on the following formula: S . 9985. 1. 1 A = 2.5 (D.F. x D.U. ) 1000 S . 9985 . 1.2 Definition of Terms . A The area in acres required to be dedicated as park sites or to be appraised for fee payment in lieu of dedication. D.F. Density factor obtained from Section 9984 as applicable to the proposed development . 2.5 Number of acres per 1000 persons . 1000 Number of persons . S . 9985 .2 Amount of Fee in Lieu of Land Dedication. S . 9985.2. 1 Where a fee is required to be paid in lieu of land. dedica- tion, such fee shall be equal to an amount based on the median, fair-market value of the land in all neighborhood public parks within the city if such land were not used. for or zoned for park or recreational purposes . S . 9985.2 .2 Fair-market value shall be determined by a qualified real estate appraiser by periodic appraisal of neighborhood park properties within the city. Such appraisal shall excluak-- improve- ments and shall be adopted by resolution. S . 9985 .2.3 If the subdivider objects to such valuation, he may, at his expense, obtain an appraisal of said park property by a qualified real estate appraiser. Said appraisal may be accepted by the City Council if found reasonable . S . 9985 .2 .4 SUBDIVISIONS PLANNING S . 9985.2 .4 The City and subdivider may agree as to the fair-market value . S . 9985 .3 Combination of Land and Fee . S . 9985.3 . 1 In determining whether a subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, the following procedure shall be used: S • 9985.3 .2 Subdividers required to or desiring to dedicate property for park and recreational purposes shall, prior to filing a tentative map for approval, check with the city to determine whether their property lies within the city 's Master Plan for Parks, Open Spaces , Schools and Recreational Facilities . S . 9985 .3 .3 If a subdivider 's property is shown on said master plan for neighborhood parks , he shall coordinate his subdivision with the necessary departments to incorporate the park site(s ) into such subdivision. S • 9985.3 .4 If the subdivider's property is not shown on said master plan for neighborhood. parks and a school site is proposed within or in close proximity to said property, a park site adjacent to said school site shall be developed and. the subdivider shall coordinate his subdivision with the necessary departments to incorporate the park sites ) into such subdivision. The intent of this section is to locate neighborhood. parks adjacent to elementary schools . S . 9985.3 .5 If the subdivision involves fifty (50) lots or less , and if a park site is shown on the Master Plan of Parks , Open Spaces , Schools and Recreation, the developer shall reserve land for a park site and enter into negotiations with the city for purchase of said property. S . 9985.3 .6 If the subdivision involves fifty (50) lots or less , and a park site is not required, the developer shall pay a fee in lieu of land dedication. S . 9986 ACTION OF CITY. At the time of tentative tract map approval, the Planning Commission shall determine, as .a part of such approval, whether to require dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. S . 9986. 1 Determination. Whether the city accepts land dedication, requires payment of fees in lieu thereof, or a combination of both, shall be determined by consideration of the following factors: (a) The Parks, Open Spaces, School and Recreational Element of the city 's Master Plan. (b) Provisions of subsection 9985.3 .4 of this article . (c) Topography, geology access and location of land in the subdivision available for dedication. (d) Size and. shape of the subdivision and the land available for dedica- tion. PLANNING SUBDIVISIONS S . 9984. 1 S . 9984. 1 Determination of the Number of Dwelling Units and Bedrooms . S . 9984. 1. 1 The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown the number oi' such units shall be based on the maximum number of units which are permitted by the city on the property included in the subdivision at the time the final tract map is filed with the City Council for approval. S . 9984. 1.2 The actual number of bedrooms shall be that number of such rooms as determined from the building plans filed with the Building Department . If the Board of Zoning Adjustment determines that any room exceeding one hundred eighty (180) square feet can be converted into two or more bedrooms , such bedroom shall be considered two or more bedrooms . S . 9985 AMOUNT OF LAND TO BE DEDICATED AND/OR FEE REQUIRED. S . 9985 . 1 Amount of Land to be Dedicated . The amount of land required to be dedicated by a subdivider pursuant to this section shall be based on the following formula: S . 9985. 1. 1 A = 2 .5 (D.F. x D.U. ) 1000 S . 9985 . 1.2 Definition of Terms . A The area in acres required to be dedicated as . park sites or to be appraised for fee payment in lieu of dedication. D.F. Density factor obtained from Section 9984 as applicable to the proposed development . 2 .5 Number of acres per 1000 persons . 1000 Number of persons . S . 9985.2 Amount of Fee in Lieu of Land Dedication. S . 9985.2. 1 Where a fee is required to be paid in lieu of land dedica- tion, such fee shall be equal to an amount based on the median, fair-market value of the land in all neighborhood public parks within the city if such land were not used. for or zoned for park or recreational purposes . S . 9985.2 .2 Fair-market value shall be determined by a qualified- real estate appraiser by periodic appraisal of neighborhood park properties within the city. Such appraisal shall exclude improve- ments and shall be adopted by resolution. S . 9985 .2.3 If the subdivider objects to such valuation, he may, at his expense , obtain an appraisal of said park property by a qualified real estate appraiser. Said appraisal may be accepted by the City Council if found reasonable . S . 9985 .2 .4 SUBDIVISIONS PLANNING S . 9985 .2 .4 The City and subdivider may agree as to the fair-market value . S • 9985 .3 Combination of Land and Fee . S . 9985 . 3 . 1 In determining whether a subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both,. the following procedure shall be used: S • 9985.3 .2 Subdividers required to or desiring to dedicate property for park and recreational purposes shall, prior to filing a tentative map for approval, check with the city to determine whether . their .property lies within the city 's Master Plan for Parks, Open Spaces, Schools and Recreational Facilities . S • 9985 .3 .3 If a subdivider 's property is shown on said master plan for neighborhood parks , he shall coordinate his subdivision with the necessary departments to incorporate the park site(s ) into such subdivision. S • 9985.3 .4 If the subdivider's property is not shown on said master plan for neighborhood. parks and a school site is proposed within or in close proximity to said property, a park site adjacent to said school site shall be developed and. the subdivider shall coordinate his subdivision with the necessary departments to incorporate the park site(s ) into such subdivision. The intent of this section is to locate neighborhood. parks adjacent to elementary schools . S • 9985 .3 .5 If the subdivision involves fifty (50) lots or less, and if a park site is shown on the Master Plan of Parks, Open Spaces , Schools and Recreation, the developer shall reserve land for a park site and enter into negotiations with the city for purchase of said property. S • 9985.3 .6 If the subdivision involves fifty (50) lots or less , and a park site is not required, the developer shall pay a fee in lieu of land dedication. s . 9986 ACTION OF CITY. At the time of tentative tract map approval, the Planning Commission shall determine, as a part of such approval, whether to require dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. S . 9986. 1 Determination. Whether the city accepts land dedication, requires payment of fees in lieu thereof, or a combination of both, shall be determined by consideration of the following factors: (a) The Parks, Open Spaces, School and. Recreational Element of the city 's Master Plan. (b) Provisions of subsection 9985. 3.4 of this article . i (c) Topography, geology access and location of land in the subdivision available for dedication. (d) Size and. shape of the subdivision and the land available for dedica- tion. PLANNING SUBDIVISIONS s .9986.2 S . 9986.2 The determination of the city that land shall be dedicated or a fee paid in lieu thereof, or a combination of both, shall be final and conclusive . S . 9987 CREDITS S . 9987. 1 Credit for Special Facilities . When the developer' s master plan of development _alloca es space for a golf course or waterways designed to 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%) of such requirements . 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. S . 9987.2 Credit for Site Improvement and Development . When dedica- tion is required . it shall be accomplished in accordance with the provisions of the Subdivision Map Act . When fees are required the same shall be deposited with the city Planning Department prior to recordation of the final tract map. Open space convenants for private park or recreational facilities shall be approved by the City Attorney's office and the Planning Department prior to approval of the final tract map by the City Council and shall be recorded simultaneously with the final tract map . S . 9989 STATEMENT OF CITY RESPONSIBILITY. s.. 9989.1 Commencement of Development . The city shall begin develop- ment of park and- recreational facilities within five (5) years from the time of final inspection and acceptance of tract improve- ments by the City Council. S . 9989.2 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the valid.ity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, para- graph, sentence, clause or phrase thereof, irrespective of the fact that any one . or more sections , subsections , subdivisions , paragraphs , sentences , clauses or phrases be declared unconstitutional. 00* FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 9/3/?O) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE S. 3111 S. 3111 Article 315 S. 4035 S- 4035 S. 403T (i) S. 4041 5- (v1-7/• / S. 4o/7/•/ HEALTH SANITATION S . 3111 CHAPTER 31 SANITATION ARTICLE 311.' TRASH .312. FLIES 313 . DUST & INDUSTRIAL WASTE 314. WASTE WATER 315. WATER POLLUTION REGULATIONS ARTICLE 311 TRASH S . 3111 Leaving Trash in Public Places . No person shall deposit, sweep, throw, discard or leave, or cause 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, any paper, trash, rubbish, garbage or any other thing of similar nature . (250) S . 3112 Placing Refuse for Collection. Said substances may be placed in cans , boxes or other receptacles which are suf- ficiently tight and sound to prevent the leaking, scattering, dropping or spreading of said substances , which cans , boxes or other recep- tacles may be placed upon or in any public alley in this City, for .the purpose of having the same removed or destroyed, by any person who is the tenant or in possession of the premises abutting upon the said alley, immediately adjacent to the point where said receptacles are so placed. (250) ARTICLE 312 FLIES S . 3121 The term "breeding place of flies" as used in this article shall mean any place found to breed flies in an amount or manner such as to endanger public health or safety or to create un- reasonable . interference with the comfortable enjoyment of and use of life and property by others . (799) S . 3122 The City Council of the City of Huntington Beach hereby declares that any breeding place of flies in the City of Huntington Beach which exists by reason of any condition or use made of land, organic plant, waste , animal material, or of any other sub- stance whatsoever, or the deposit or the storage thereof, is a public nuisance . (799) S . 3123 SANITATION HEALTH S . 3123 It shall be the duty of the Health Officer, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building, or collection of plant or animal waste or any substance or existing condition on any lot, farm or other land or on any other premises is a breeding place of flies , to enter, after demand, upon such premises and to determine by inspection whether or not there is an existing breeding place of flies . (799) S . 3123 . 1 The Health Officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe . (799) S . 3124 Except as to residences and living quarters , the Health Officer or his authorized deputies or inspectors for the purpose of routine inspection or whenever he shall have reasonable cause to believe that any violation of this article exists upon any premises or in any place , after displaying identification may demand entry thereon in the daytime . Every person who owns , occupies or otherwise is then in possession of such premises and who, after such display and demand, refuses or willfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punishment upon conviction thereof by a fine not exceeding fifty dollars ($50,00) or by imprisonment in the County Jail for not over five (5) days or by both such fine anct imprisonment. (799) S . 3124. 1 Whenever there exists in any place within the City of .� Huntington Beach a breeding place of flies , the Health Officer shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance . (799) S . 3124. 2 The notice shall direct the owner or person in control or possession of the place or premises , within the time specified in said notice, to abate the nuisance and to perform any. And all work necessary to prevent the recurrence thereof in the places or premises specified in the notice . (799) S . 3124.3 The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists , or upon the agent of either. (799) S . 3124.4 Notices may be served by any person authorized by the Health Officer for such purpose in the same manner as a summons in a civil action. (799) S . 3125 Upon the neglect or refusal of the owner, or the person having control or possession of any place or premises to comply with the notice to abate , the Health Officer may abate such nuisance and the owner of such place or premises , or the person having control. or possession thereof, shall be liable to the City .of Huntington Beach for the costs of such abatement which may be recovered in a civil action. (799) HEALTH SANITATION S . 3150.1 ARTICLE 315 WATER POLLUTION REGULATIONS (1593-8/70) S . 3150. 1 Enforcement and Administration. The County of Orange and - all of its offices, employees and . agents are hereby authorized and empowered to enforce and administer the provisions of this article within the City of Huntington Beach, California. S . 3150.2 Definitions . As used in this article unless the context otherwise requires: (a) Director means the duly-appointed ad.ministor appointed by the Board. of Supervisors of the County of Orange . (b) Department means any department of the City of Huntington Beach or the County of Orange . (c) Industrial Waste means any and. all liquid or solid waste substance, not sewage from any producing, manufacturing or processing opera- tion of whatever nature . It shall include sewage mixed with "industrial waste; " however, it shall not include domestic sewage from resid.ences, business buildings and. institutions , containing only waste from waterclosets, wash water, baths and kitchens . (d ) Pollution of Underground or Surface Waters means any cond.ition resulting from the depositing or discharging of industrial waste which impairs or contributes to the impairment of the usefulness of waters for human or animal consumption or domestic, agricultural, industrial, or recreational purposes, or any other useful purposes . (e) Public Agency means and includes the United States or any department or agency thereof, the State of California or any department or. agency thereof, county, city, public corporation, municipal corpora- tion or public district . (f) Public Sewer means the main line sewer, publicly owned or maintained, construc ed in a street, highway, alley, place or right-of-way dedicated to public use . (a) Sewage means any waste , liquid or otherwise, associated with human occupancy of buildings including sewage effluent and water contami-. nated with offal, filth and. feculent matter. (h) Underground or Surface Water means any surface or subterranean stream, watercourse, lake or other body of water, and. shall include water wells and any underground or surface storage reservoir, whether natural or artificial. S . 3150 . 3 Pollution of Water Prohibited.. No person shall discharge or deposit or cause or suffer to be discharged. or deposited from any source any industrial waste in a manner which will or may cause or result in the pollution of any underground or surface waters . f _J S . 3150.4 SANITATION HEALTH S . 3150.4 Permits for Disposals of Industrial Wastes . No person shall discharge or deposit or cause or suffer to be deposited or discharged any industrial waste into or upon any area in the city, or. into any underground or surface waters in the city where such industrial waste is or may be deposited upon or may be carried through or over any area of the city or County of Orange except in conformity with the pro- vision., of this article, and unless he shall have first secured, in the manner hereinafter provided, a permit so to do from the Director; provided, however, a permit shall not be required for the discharge of ir_d.ustrial waste into a public sewer with an ocean outfall. S . 3150.5 Application for Permits . Applications for permits required. hereunder shall be filed with the Director upon printed forms to be prescribed and. supplied by him. The Director may require any ad.d.itional information, including plans and specifications which he may deem necessary for the proper disposition of the application. S . 3150.6 Time Within Which Action or Application Shall be Taken. Within thirty 30 days after the receipt of all of the information requested of an applicant, the Director shall either grant or deny the permit and. shall immediately notify the applicant by first class mail of the action taken. S . 3150.7 When to Issue Permits . The Director shall issue a permit for industrial waste disposal if he determines that: (a) The material to be discharged or deposited. in the manner proposed will not cause or result in the pollution of any underground. or surface waters , as herein prohibited, and (b) Under existing circumstances and conditions it is reasonable and necessary to dispose of the waste in the manner proposed . The Director may incorporate in any permit issued pursuant to this article , such limitations or conditions as may be reasonably necessary to effectuate the purpose of this article and may from time to time, review the limitations or conditions which have been incorporated in any permit theretofore issued, giving consideration to changed conditions, and may, whenever in his judgment it is advisable or required in order to maintain the waters of the city and county free from pollution, alter, revise, modify, delete or ad.d further limitations or conditions appli- cable to any permit theretofore issued . No such alteration, revision, modification, deletion or ad.d.ition of limitations or conditions shall be effective, however, until notice in writing thereof shall have been served upon the permittee in the manner provided by Section 3150. 14 of this article . S . 3150.8 Permit Does Not Authorize Certain Acts . A permit issued under this article does not authorize any act or acts for- bidd.en by any law, rule, regulation or ord.er of any public agency or department and such fact shall be so stated on the face of all permits issued . HEALTH SANITATION S . 3150. 9 S . 3150. 9 Term of Permits . A permit for the d.isposal of industrial was e shal be valid until suspended or revoked in the manner hereinafter provided . S . 3150 . 10 Transfer of Permits . The Director may transfer a permit to the successor in interest of a permittee upon the filing by the successor in interest of a written application therefor, together with such evidence of transfer of title or interest as the Director may require, provided., however, a permit shall not be transferable from one location to another. The Director shall immediately notify by first class mail, the person requesting a transfer of a permit of the action taken. S . 3150. 11 Tests and Inspections . For the purpose of securing compli- ance with this article, the Director shall make periodic tests of samples of industrial waste obtained. from the place or places of discharge or deposit, and such other tests deemed necessary for proper administration hereof. For the purpose of making such tests or inspections, the Director or his duly authorized deputies or agents shall be permitted at all reasonable hours to enter any premises or place where industrial waste is being or is proposed to be discharged. or deposited , or where there may be a violation of this article . S . 3150.12 Cooperation by Other Departments . In carrying out the duties imposed upon him, the Director may request and receive the aid of any other city or county department . S . 3150.13 Enforcement. The Director shall enforce this article and. shall, upon his own initiative or may upon the complaint of any person, investigate any violation of this article, or of any permit issued hereunder. For such purpose, he shall have the powers of a peace officer. S . 3150.14 Notice of Violation. Whenever the Director finds that any person is acting in violation of any provision of this article or of any permit issued hereunder, he shall serve upon the person causing or suffering such violation to be committed, includ.ing the per- mittee, if a permit has been issued, a notice of violation. The notice shall state the act or acts constituting the violation and shall direct that the violation be corrected within such time to be specified. in the notice as the Director may deem reasonable . Unless otherwise expressly provided, any notice under this article required to be given by the Board of Supervisors or the Director shall be in writing and may be served either in the manner provided in the Code of Civil Procedure for the service of process or by registered mail. When service is by regis- tered mail, the notice shall be sent to the last add.ress given to the . Director. S . 3150. 15 Cessation of Activities . Whenever the Director finds that the continued viola ion of any provision of this article or of the conditions of any permit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters re- quires the immediate cessation of the activities causing the violation, he may so direct in a notice of violation. A person who has been so notified shall immediately cease all such activities and shall not resume them until the Director determines that all of the violations charged in the. notice have been corrected . 1 S . 3150. 16 SANITATION HEALTH S . 3150. 16 Suspension of Permit. The Director may suspend a permit by giving notice thereof to the permittee: (a.) When a permittee fails to rectify a violation within the time specified in a notice thereof, or (b) When a violation is so aggravated as to require cessation of activities as provided in the preceding section. A permit suspended by the Director shall be reinstated by him when all of the violations charged in a notice thereof have been corrected . S . 3150. 17 Revocation of Permits . The Board of Supervisors may, after notice and hearing as hereinafter provided , revoke a per- mit on any one or more of the following grounds: (a) Fraud or deceit in obtaining a permit. (b) Failure of a permittee to correct a violation within the time pre- scribed in a notice of violation. (c) Willfull violation of any provisions of this article of a condition or limitation of a permit, or of any lawful order of the Director. S . 3150. 18 Proceedings for Revocation of Permit . Proceedings for the revocation of a permit may be initiated: (a) By the Director by serving upon the permittee a copy of and. filing with the County Clerk, a written recommendation of revocation set- ting forth the grounds therefor and requesting a hearing thereon before the Board of Supervisors; or (b) By the Board of Supervisors, on its own motion or upon complaint of a third person, by serving or causing to be served upon the permittee and the Director, a notice of intention to revoke, set- ting forth the grounds therefor and designating a time and place for hearing thereon. S . 3150 . 19 Request for Hearing. A person who is dissatisfied with an action of the Director may request a hearing before the Board of Supervisors . Except as specified in Section 3150. 15, the decision of the Director shall be suspended pending the decision of the Board of Supervisors . S . 3150.20 When and How Hearings May Be Requested . Any person who feels himself aggrieved by. an action of the Director: (a) Denying an application for a permit or incorporating limitations or conditions in a permit . (b) Denying an application for the transfer of a permit. (c) Ordering the correction of a violation of any provision of this article, or of a condition or limitation of a permit issued here- und.e r. HEALTH SANITATION S . 3150.20 (d ) (d ) Directing the cessation of operations pending the correction of a violation, or (e ) Suspending or refusing to reinstate a permit suspended by him, may, within thirty (30) days after receipt of a notice of the action complained of, serve upon the Director a copy of and file with the County Clerk a written request for a hearing before the Board of Supervisors . The request shall set forth in concise language the particular action or actions complained of and. the reasons why the person or permittee feels himself aggrieved thereby. Failure to file a request for hearing within the time prescribed. herein shall constitute a waiver of any objection to the action of the Director and his action shall be final. S . 3150.21 Notice of Hearing . . When a request for hearing is filed with the County Clerk, the Board of Supervisors shall set the matter for hearing and. give notice of the time and place thereof to the person requesting the hearing, the Director and. any other person or public agency requesting notice thereof. The hearing shall be held. not more than thirty (30) days after a written request therefor has been filed with the County Clerk and not less than ten days after the issuance of the notice thereof. S . 3150.22 Hearing . At the time and place set for hearing, the person requesting the hearing, the Director and any interested person or public agency may appear and be heard either in person or by counsel. S . 3150.23 Decision. The Board of Supervisors shall, within thirty 30 days after conclusion of the hearing, rende r. its deci- sion. The Board of Supervisors may: (a) Confirm th.e action of the Director. (b) Direct the Director to issue a permit with or without such conditions or limitations as the Board may deem appropriate . (c) Vacate or modify the suspension of permit. (d) Cancel a notice of violation or modify such notice in such particu- lars as the Board may deem appropriate . (e) Direct the Director to transfer a permit . (f) Revoke a permit on any of the ground.s specified in Section 3150. 17. S . 3150.24 Penalty. Any person convicted of a violation of any pro- vision of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both such fine and imprisonment . S . �150 .25 SANITATION HEALTH S . 31r)0.25 ;Verability. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections , sentences, clauses or phrases may be declared invalid or unconstitutional . SAFETY GENERAL - S . 4035 S . 4035 VIOLATION: PUNISHMENT. Any person violating any provision of thiw Article . shall be deemed guilty of a misdemeanor and upon conviction shall be punished as follows: (a) lst Conviction. Upon the first conviction thereof, by imprisonment not exceeding 3 months or by a fine not exceeding $200.00 or by both such imprisonment and fine . (b) 2nd, 3rd, 4th Convictions . Upon a second, third or fourth convic- tion, by imprisonment not less than 10 days or not more than 3 months or by a fine of not less than $25.00 or not more than $300.00, or by both such fine and imprisonment . (c) 6th to loth Conviction . Upon a sixth or any subsequent conviction not exceeding the tenth conviction, by imprisonment not less than 20 days nor to exceed 6 months . (d ) llth to 15th Conviction. Upon the eleventh or any subsequent con- viction riot exceeding the fifteenth conviction, by imprisonment not less than 1 month nor more than 6 months . (e ) 16th to 2 Oth Conviction. Upon the sixteenth conviction and any subsequent conviction not exceeding the twentieth conviction, not less than 2 months or more than 6 months . (f) 21st to 30th Conviction. Upon the twenty-first conviction and not exceeding he thirtieth conviction, by imprisonment not less than 3 .months nor more than 6 months . (g) 31st to 40th Conviction. Upon the thirty-first conviction or any subsequent conviction not exceeding the fortieth conviction, not. less than 4 months nor more than 6 months . (h) 41st or Subsequent Conviction. Upon the forty-first conviction or any subsequent conviction, not less than 5 months nor more than 6 months . (72, 508) S . 4036 FINALITY of SENTENCE. Said penalties shall be imposed without right . of suspension of probation. (72,5o8) SAFETY GENERAL - S . 4041 ARTICLE 404 REGISTRATION OF PERSONS (746) S . 4041 REGISTRATION OF CONVICTED CRIMINALS. Every person who, within 20 years prior to the effective date of this ordinance, has been or who is hereafter convicted, in or on parole or probation from any Federal Court or the Courts of this State, or any State of the United States, of or from any felony, or any misdemeanor involving narcotic or hypnotic drugs .under the laws of the State of California, or of any State of the United States, or of the United States of America, and for such violation committed to a penitentiary either State or Federal, (except in the case of a misdemeanor involving narcotic or hypnotic drugs , in which case there shall be no requirement of commit- ment to a penitentiary for this Section or Sections 4042, 4043, 4044, 4045, 4046 and. 4047 to apply) who comes into the City of Huntington Beach from any point outside of such City, whether in transit through said City, or otherwise, and every such person .who at the time this Ordinance becomes effective is residing or is at present within said. City of Huntington Beach, shall report to the Chief of Police of said. City of Huntington Beach within 48 hours after his arrival within the boundaries of said City, and shall furnish to such Chief of Police in a written statement signed by such person, the true name of such person and each other name or alias by which such person is or has been known, a full and, complete description of himself, the name of each crime hereinabove in this Section enumerated of which he shall have been con- victed , together with the name of the place where each such crime was committed, the. name under which he was convicted, and the date of the conviction thereof, the name, if any, and location of each prison, reformatory or other penal institution in which he shall have been con- fined as punishment therefor, together with the location or address of his residence , stopping place or living quarters in said City, and each one thereof, if any or the address or location of his intended residence, stopping place, or living quarters therein, and each one thereof with a description of the character of such place, whether a hotel, apartment house, duelling house, or otherwise, giving the street number thereof, if any or such description of the address or location thereof as will so identify the same as to make it possible of location, and the length of time for which he expects or intends to reside within the territorial boundaries of said City. At the time of furnishing such information, said person shall be photo- graphed and fingerprinted by said Chief of Police, and said photograph and fingerprints shall be made a part of the permanent record herein provided for. (656) TRAFFIC OPERATION - S . 6171. ARTICLE 617 SPEED LIMITS (11341) S . 6171 It is hereby determined, upon the basis; of an engineering qnd traffic survey, that the speed permitted by the California Vehicle Code upon the following streets is not in conform- ance with the safe and efficient operation of vehicles thereon, and it is hereby declared that the prima facie speed limits shall be as hereinafter set forth on those streets, or parts of streets herein designated, when signs are erected giving notice thereof. S . 6171. 1 Speed Limits . The prima facie speed limits as follows: (1214, 129d, 1322, 1357, 1382, 1399, 1436 1462, 1476, 1479, 1496, 1505, 1523, 1531, 1537, 1545112/69, 1574-0/70, 1583-6/70, 1592-8/70) SPEED LIMIT_ STREET LIMITS MPH Adams Main to Alabama. . . . . . . . . . . . . . . . . . . . . . . . . 25 Alabama to Beach. . . . . . . . . . . . . . . . . . . . . . . . 40 Beach to Santa Ana River. . . . . . . . . . . . . . 45 Atlanta Lake to Brookhurst. . I . . . . . . . . . . . . . . . . . . . 40 Banning Magnolia to Bushard . . . . . . . . . . . . . . . . . . . . . 40 Bolsa Bolsa Chica to Springdale . . . . . . . . . . . . .. . 5U Springdale to Goldenwest. . . . . . . . . . . . . . . . 45 Bolsa Chica Rancho to Edinger. . . . . . . . . . . . . . . . . . . . . . . 50 Edinger to Warner. . . . . . . . . . . . . . . . . . . . . . . 45 Brookhurst Garfield to Hamilton. . . . . . . . . . . .. . . . . . . . 45 Hamilton to Pacific Coast Highway. . . . . . . 50 Bushard Garfield to Brookhurst. . . . . . . . . . . . . . . . . . 45 Davenport Baruna. to Algonquin. . . . . . . . . . . . 35 Delaware Adams to Indianapolis . 35 Indianapolis to Frankfort. . . . . . . . . . . . . . . 3(�' Edinger West city limits to Beach. . . . . . . . . . . . . . . 40 Beach to east city limits . . . . . . . . . . . . . . . 45 Edwards North city limits to Bolsa. . . . . . . . . . . . . . 35 Bolsa to Slater. . . . . . . . . . . . . . . . . . . . . . . . . 40 Slater to Talbert. . . . . . . . . . . . . . . . . . . . . . . Q Willis Beach to east city limits . . . . . . . . . . . . . . . 40 Garfield Goldenwest to Newland . . . . . . . . . . . . . . . . . . . 40 Newland to Ward . . . . . . . . . . . . . . . . . . . . . . . . . 45 6171. 1 OPERATION TRAFFIC SPEED LIMIT .;T R LET Ll1MITS MPH Goldenwest North city limits to McFadden. . . . . . . . 40 McFadden to Warner. . . . . . . 45 Warner to Mansion. . 50 Mansion to Pacific Coast Highway. . . . . 40 Gothard McFadden to Edinger. . . . . . . . . . . . . . . . . . 40 Edinger to Warner. . . . . . . . . . . . . . . . . . . . 45 Warnerto Main. . . . . . . . . . . . . . . . . . . . . . . 35 Graham Edinger to Heil. . . . . . . . . . . . . . . . . . . . . . 40 Heil to Warner. . . . . . . . . . . . . . . . . . . . . 35 Hamilton Newland to East City Limits . . . . . . . . . . 40 Heil Bolsa Chica to Beach. . *- * ' ' * * * . . . . . . . . 40 Beachto Newland . . . . . . . . . . . . . . . . . . . . . 35 Holland Beach to Marken. . . . . . . . . . . . . . . . . . . . . . 25 Huntington _ Adams to Atlanta. 3U Atlanta to Pacific Coast Highway. . . . . 35 Indianapolis Beach to Brookhurst. . . . . . . . . . . . . . . . . . 30 Lake Seventeenth to Pacific Coast Highway. 5 Magnolia Heil to Warner. . . . . . . . . . . . . . . . . . . . . . . 45 Garfield to Banning. . . . . . . . . . . . . . . . . . 45 Plain Beach to Mansion. . . . . . . . . . . . . . . . . . . . . 40 Mansion to Adams . . . . . . . . . . . . . . . . . 35 Adams to Eleventh. . . . . . . . . . . . . . . . . . . . 25 McFadden Bolsa Chica to Graham. . . . . . . . . . . . . . . . 40 Springdale to Goldenwest. . . . . . . . . . . . . 45 Goldenwest to east city limits . . . . . . . 40 Monterey Edinger to Saybrook. . . . . . . . . . . . . . . . . . 35 Newland Heil to Talbert. . . . . . . . . . . . . . . . . . . . . . 4G Indianapolis to Pacific Coast Hwy. . . . 40 Orange Goldenwest to •Seventeenth. . . . . . . . . . . . 40 Seventeenth to Main. . . . . . . . . . . . . . . . . . 30 Rancho Bolsa Chica to east city limits . . . . . . 35 Saybrook Monterey to -Davenport. . . . . . . . . . . . . . . . 25 Seventeenth Main to Pacific Coast Highway. . . . . . . . 35 Sher Edinger to Juliette Low. . . . . . . . . . . . . . 35 S: ater �- 0 Springdale North city limits to Edinger. . . . . . . ... !+ Edinger to Slater. . . . . . . . . . . . . . . . . . . . 416 FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 7/29/70) PLE&SE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE S. 1731 S. 1731 10/1/70 Chapter 75 Chapter ?5 8/20/70 s. 9850 S. 9850 8/20/70 Ilk GOVERNMENT TAXES S . 1731 ARTICLE 173 UNIFORM TRANSIENT OCCUPANCY TAX 1 S . 1731 PURPOSE. The City Council of the City of Huntington Beach hereby declares that this ordinance, which. shall be known as the Uniform Transient Occupancy Tax Ordinance is adopted to provide a tax on the rent charged in a hotel by the operator of said hotel. S . 1732 DEFINITIONS . Except where the context otherwise requires, the definitions given in this section govern the construction of this ordinance: (a) Person. "Person" means any individual, firm, parjtnership, joint venture, association, social club, fraternal organization, . joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. 4 (b) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes , and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof. (c) Occupancy. "Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in .any hotel for dwelling, lodging or sleeping purposes . (d) Transient. "Transient". means any person.who exercises occupancy or. is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days . Any such person so occupying space in a hotel shall be deemed. to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant provid.ing for a longer period of occupancy. In determining whether a person is a transient, uninter- rupted period.s of time extending both prior and. subsequent to the effective date of this ordinance may be considered.. (e) Rent. "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued. in money, whether to be received in money, goods, labor or otherwise, includ- ing all receipts , cash, credits and. property and. services of any kind or nature, without any deducation therefrom whatsoever. I S . 1733 (f) TAXES GOVERNMENT i (f) Operator. "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mort- gagee in possession, licensee , or any other capacity. Where the operator performs his functions through managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this ordinance and shall have the same duties and liabilities as his principal. Compliance with the provisions of this ordinance by either the principal or the managing agent shall, however, be considered to be compliance by both. (g) Tax Collector. "Tax Collector" means the Tax Collector. S . 1733 TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate . Said. rate shall be declared by the City Council by resolution from time to time . Said. tax constitutes a debt owned by the transient to the city which is extinguished. only by pay- ment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid . If the rent is paid .in installments , a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient 's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax collector may require that such tax shall be paid directly to the tax collector. (1590-eff. 10/1/70) S . 1733 . 1 Exemptions . No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein provided; (b) Any Federal or State of California office or employee when on official business; (c) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon a claim therefor made at the time rent is collected. and. under penalty of perjury upon a form prescribed by the Tax Collector. S . 1733 .2 Operator's Duties . Each operator shall collect the tax imposed by this ordinance to the same extent and at the same time as the rent is collected from every transient . The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be ad.d.ed to the rent, j or that, if added , any part will be refunded except in the manner herein- after provided . l PUBLIC PLACES BEACH & PIER S . 7501 CHAPTER 75 BEACH AND PIER .(1306) ARTICLE 750 - GENERAL 751 - BEACH REGULATIONS 752 - PIER. REGULATIONS 753 - BEACH PARKING LOT REGULATIONS 754 - LIFEGUARD. REQUIREMENTS AT .. . PRIVATE BEACHES 755 - PERMITS . REQUIRED 756 - ENFORCEMENT ARTICLE 750 GENERAL S . 7501 SCOPE . The provisions of this Chapter are enacted by the City Council of the City of Huntington Beach, and shall, unless otherwise expressly provided, apply to all beaches , piers and othe.r publicly owned or operated. lands or waters falling within the definition of those terms as set forth in Section 7502 of this Chapter, provided, however, that the application of this Chapter may be expressly negated by Ordinance or Resolution of the City Council. S . 7502 DEFINITIONS . For the purposes of this chapter, the follow- ing terms shall have the respective meanings set forth .here- in, unless the contest in which they are used, clearly indicated to the contrary. S . 7502. 1 Alcoholic Beverage: "Liquor" or intoxicating liquor shall be construed to include any and all spirituous , vinous , malt or fermented liquor, liquids or compounds whatever named or called , containing one-half of one percent or more of alcohol by volume, which are potable or fit for use as , or which may be used for beverage pur- poses . (768) S . 7502.2 Beach: "Beach" includes that s.trip of land owned and./or operated by this City of Huntington Beach, lying between Pacific Coast Highway in this City and the line or ordinary tide of the Pacific Ocean,. and any pier, jetty, or arm thereof designed primarily to provide swimming, boating, fishing; sightseeing, or other waterfront activities, except that floor of the building commonly known as the Pavalon .which is level with said Pacific Coast Highway. (3125) i S . 7502.3 Camp: Means any temporary shelter to be occupied by human beings for a limited period and not as a permanent place or abode that is constructed of cloth or paper, treated. or untreated, or boughs of trees, or partly constructed thereof, or by the use of paper and/or cloth and/or branches of trees, in connection with an automobile, automobile truck or other vehicle, for. the purpose of temporary shelter. I i I I; S . 7502.4 BEACH & PIER PUBLIC PLACES j S . 7502.4 Director: With respect to this Chapter herein defined , the words "Director" refers to the Director of Harbors and Beaches Department of the City of Huntington Beach. S . 7502.5 Occupied: "Occupied" means used for the purpose of protect- ing human beings from wind, sun, rain or public view. S . 7502.6 Pacific Ocean: "Pacific Ocean" includes all waters of the Pacific Ocean or any arm thereof' in which the tide ebbs or flows , whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed. by ordinance, statute, or court action or otherwise, and whether or not the lands lying under said. tidal waters are privately owned or publicly owned . i S . 7502.7 Person: "Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organiza- tion, corporation, or any other group or combination, acting as a unit . i i I I I I I. I . I I I I I i i i i I t PUBLIC PLACES BEACH & PIER S . 7511 ARTICLE 751 BEACH- REGULATIONS S . 7511 UNLAWFUL ACTS . It shall be unlawful for any person to do or commit, or for any person to cause or permit to be done or committeed within the boundaries of any beach, within the City limits of the City of Huntington Beach, owned, operated, controlled or formed by the City Council of the. City of Huntington Beach, any of the following: S . 7511.1 Defacing and/or Destroying of Public Property. To 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 ini- tial, name writing, printing, drawing or vulgar, profane or obscene word or picture . (769) S.. 7511.2 Littering . To scatter handbills or advertisements therein, or to deposit bottles , cans or other rubbish or trash in any place therein, other than the receptacles provided for such purpose, or to deposit newspapers , rags , or parts of clothing in the toilets thereof. (769) S.. 7511.3 Placing Dangerous Objects in Bathing Area. To 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 whatso- ever that is or may become a menace to life or limb to any person or bather in said ocean or on said beach. S . 7511.4 Camps Prohibited . To 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 . S, 7511.5 Fires . To light, kindle, set or maintain fires or coals thereon, except in the fire rings provided therefor. (769) S: 7511.6 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 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 of Huntington Beach. S. 7511.7 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 hock, peddle or vend any goods , wares , merchandise, except pursuant to a permit issued under the authority of the Director of Harbors and Beaches . S . 7511.8 BEACH & PIER PUBLIC PLACES S . 7511.8 Alcoholic Beverages .. (1588-7/70) (a) 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 . (b) The City Council may grant permits for the sale and consumption of alcoholic beverages under the following terms and conditions: (1) The kind or kinds of permitted alcoholic beverages shall be named in the permit. (2) 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. (3) That there be compliance with all other city, county and state laws and regulations . (4) Such other terms and conditions as are reasonably required to protect the peace, health, welfare or safety of the public . (5) Said permit shall not be transferable . (6) The permit shall expire one (1) year from and after the date of issuance, unless sooner revoked as provided by this article . (7) 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. r- (c) Permits are subject to suspension or to- revocation by the City Council after notice to permittee and public hearing, on any of the following grounds: (1) Permittee has made a substantial misrepresentation in his application for permit. (2) 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. (3) Permittee or any of his employees has been convicted of any crime involving moral turpitude . (4) 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. (5) 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 . I I PUBLIC PLACES BEACH & PIER S . 7511 ARTICLE 751 BEACH• REGULATIONS i S . 7511 UNLAWFUL ACTS . It shall be unlawful for any person to do on commit, or for any person to cause or permit to be done or committeed within the boundaries of any beach, within the City limits of the City of Huntington Beach, owned, operated, controlled or formed by the City Council of the- City of Huntington Beach, any of the following: S . 7511.1 Defacing and/or Destroying of Public Property. To 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 ini- tial, name writing, printing, drawing or vulgar, profane or obscene word or picture . (769) S . 7511.2 Littering . To scatter handbills or advertisements therein, or to deposit bottles, cans or other rubbish or trash in any place therein, other than the receptacles provided for such purpose, or to deposit newspapers , rags, or parts of clothing in the toilets thereof. (769) S . 7511.3 Placing Dangerous Objects in Bathing Area. To 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 whatso- ever that is or may become a menace to life or limb to any person or bather in said ocean or on said beach. S . 7511.4 Camps Prohibited . To 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 . S . 7511.5 Fires . To light, kindle, set or maintain fires or coals thereon; except in the fire rings provided therefor.. (769) S . 7511.6 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 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 of Huntington Beach. S . 7511.7 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 hock, peddle or vend any goods , wares , merchandise, except pursuant to a permit issued under the authority of the Director of Harbors and Beaches . i S . 7511.8 BEACH & PIER PUBLIC PLACES S . 7511.8 Alcoholic Beverages . (1588-7/70) (a) 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 . (b) The City Council may grant permits for the sale and consumption of alcoholic beverages under the following terms and conditions: (1) The kind or kinds of permitted alcoholic beverages shall be named in the permit. (2) 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 . (3) That there be compliance with all other city, county and state laws and regulations . (4) Such other terms and conditions as are reasonably required to protect the peace, health, welfare or safety of the public . (5) Said permit shall not be transferable . (6) The permit shall expire one (1) year from and after the date of issuance, unless sooner revoked as provided by this article . (7) 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. (c) Permits are subject to suspension or to revocation by the City Council after notice to permittee and public hearing, on any of the following grounds: (1) Permittee has made a substantial misrepresentation in his application for permit. (2) 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 . (3) Permittee or any of his employees has been convicted of any crime involving moral turpitude . (4) 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. (5) 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 . PUBLIC PLACES BEACH & PIER S . 7512. 3 S. 7512.3 Time Limit . During the period of June 15th to September 15th, _ any and -all commercial motor .vehicles of any type, must make their deliveries to beach concessions between the hours of 6: 00 A.M. and 11: 00 A.M. S . 7512.4 Parking . No person shall park any vehicle except in designated. parking areas, provided, however, that the Director of Harborrand Beaches is hereby authorized. to permit parking along roads and in under-developed areas when, in his opinion, such parking will not interfere with beach area operations . S . 7512.5 Erection of Speed, Traffic and. Parking 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 road- ways and streets therein. 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 . S . 7513 REMOVAL OF SAND. No person shall remove, or cause to be removed from the beach, any said without written permission from the Director of Harbors and Beaches . PUBLIC PLACES BEACH & PIER S . 7521 ARTICLE 752 PIER REGULATIONS S . 7521 AUTHORITY OVER PIER. The Director- of Harbors and Beaches, subject. to the provisions of this Article and. such. Ordinances as the Council may adopt from time to time, is hereby given full power and. authority to regulate or control the use of the public wharf or pier at the foot of Main Street in this City. (344) S . 7522 CONTROL OF PIER. The Director shall have power to determine what portions of said pier shall be open to the public at Any and all times, and also what portions of the pier shall not be used. for any specific purpose . S . 7523 VIOLATION OF POSTED NOTICES. Upon the posting. of notices prohibiting the doing or performing of any acts upon certain portions of said pier by the Director of Harbors and Beaches, it shall be unlawful for any person to use said portion of said pier for the prohibited purpose or purposes . (344) D. 7524 PROHIBITED ACTS . No person while upon or near the Municipal Pier. (located at the foot of Main Street in this City, and over the Pacific Ocean in this .City) shall do or cause or permit to be done, any of the following acts: S . 7524.1 Overhead Casting: Cast a fishing line, either with or with- out a fishing pole, by what is commonly known as overhead casting. (344, 554) S . 7524.2 Negligent Casting. To cast a fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such manner as to create a hazard to any other person, either in the water ad.jacent to the pier or on the pier. a. 7524.3 Extra Lines . Have more than two fishing lines to any one person in the water under or near said pier at one time . S,. 7524.4 Projecting Poles . Allow or permit any fishing pole to extend inward from the rail to a distance of more than four feet (4t ) . (344, 554) a. 7524.5 Cleaning of Fish. Place, cut or clean any fish or bait, or any other marine life upon any beach or seat placed upon the Municipal Pier or upon the floor of the pier unless same is placed in a container. (344, 554) S . 7524.6 Lobster Traps: Limit . Have more than two baited hoop nets to any one person in the water under or near said pier at any one time . S . 7524.6.1 Attending of Traps . Said. traps shall be attended. by a person at all times . Attended is to be within 500 feet of said traps at all times . ( 344, 544) r S . 7524.7 BEACH & PIER PUBLIC PLACES S . 7524.7 Tampering with Lifesaving Equipment. Remove, use or tamper with lifesaving- equipment upon said pier, provided therefor for public use , except in time of emergency. (344, 554) S . 7525 VEHICLE REGULATION. As pursuant to S . 7512 in this Chapter. S . 7525. 1 Speed Limit . No person shall drive any motor vehicle upon said pier in excess of five (5) miles per hour. (344, 565) S . 7525.2 Heavy Vehicles . No person shall drive or permit to be driven, any vehicle of any kind or character whatsoever, upon said pier of a gross weight in excess of twenty thousand (20,000) pounds . (344, 565) S . 7525.3 Cycling. No person shall ride or permit, to be driven any bicycle, tricycle, skateboard, or any similar type vehicle on the pier at any time . S . 7525.4 Parking. No vehicle will be permitted to park on the pier except for the express purpose of loading or unloading supplies, unless he possesses a written permit from the Director of Harbors and Beaches allowing him to do so. S . 7525.5 Vendors or their agents shall not make deliveries by vehicles to concessionaires on the pier except between the hours of 6: 00 A.M. and 11: 00 A.M. during the dates of June 15th to September 15th. Such time limit shall not be in effect during the remainder of the year. I (1399) S . 7526 BOAT REGULATIONS . S . 7526 . 1 Sale of Boat Tickets . No person shall sell or offer for sale any tickets for transportation upon any boat of any kind whatsoever upon said pier, except from the space in one of the buildings located upon said pier. (344) S . 7526 .2 Boat Landings: Time Limit. No person in charge of any boat or other craft shall permit, cause or allow such boat or other craft to stand or remain at any boat landing upon said pier)fora longer period then fifteen (15) minutes at any one time . (344 S . 7526. 3 Private Boats . Nothing contained in the foregoing sections of this section shall be construed to prevent the embarking or disembarking of passengers from privately owned or operated boats and other craft, when the same are not in any commercial business, but are operated by the owners thereof without profit, for their own pleas- ure and amusement, and without charging or receiving any compensation from persons or passengers riding upon said boats or other craft . (344) S . 7526.4 Control of Boat Landing. The boat landing upon said pier shall be under t e exclusive charge and. control of the Directors of Harbors and Beaches and shall not be raised or lowered by any other person, unless by written consent of the Director of Harbors and Beaches . S . 7526.5 Charges for Use of Landing: Such charges shall be made for the use of said landing upon said pier as may from time to time be fixed by the City Council. (344) PUBLIC PLACES BEACH & PIER - S . 7531 ARTICLE 753 BEACH PARKING LOT REGULATIONS (1328) S . 7531 PARKING REGULATIONS . The following regulations will apply .to parking in any of the city-owned beach parking lots: S . 7531. 1 Parking is allowed within designated spaces only. S . 7531.2 Parking Lot hours: 8: 00 A.M. to 12 Midnight. S . 7531.2. 1 There shall be no overnight parking. S . 7531.2.2 Any deviation from. this will be by permission of the Director of Harbors and Beaches . S . 7531. 3 No loitering or obstructing for flow of traffic . will be allowed in the parking lot by any person or persons . S . 7531 .4 No vehicle shall obstruct any entrance • in the parking lot. S . 7531.5 No trailers or similar vehicles will be allowed in the parking lot, from June 15th to September 15th of each year. S . 7531.6 Fees: Fees for parking shall be established by Resolution of the City Council. (1404) S . 7531.6.2 Busses $ 3.00 per day S . 6531.6.3 Seasonal Parking Pass $10.00 per season (Valid 6/15 - 9/15) S . 7531.7 Any vehicle leaving the parking lot and returning will be required to pay on re-entering. S . 7531.8 Number of Parking permits per concession owner will be determined by the Director of Harbors and Beaches . RUBLIC PLACES BEACH & PIER S 7541 ARTICLE 754 LIFEGUARD REQUIREMENTS AT PRIVATE BEACHES (952) S . 7541 DEFINITIONS .OF USES IN THIS ARTICLE: S . 7541.1 "Private Beach" As used in this Article, a place within the incorporated area of the City of Huntington Beach used for the purpose of accommodating bathers bordering upon or adjoining the seacoast, bays or inlets therefrom where members of the public, by pay- ing a fee, may resort for the purpose of bathing in the open sea, or bays or inlets therefrom. S . 7541.2 "Lifeguard" A male person at least 18 years old who has graduated from high school and who has successfully com- pleted a competitive lifeguard examination and. training .program; has thorough knowledge of and the ability to practice lifesaving techniques in heavy surf and severe ocean conditions, artificial respiration and first aid; is in good health; possesses good physical strength and ability, and who is free from any physical defects . A lifeguard minimum age of 16 years is allowed if said person is part of an organized life- guard service with trained lifeguards as supervisors; and. has success- fully completed a competitive lifeguard examination and training program, has thorough knowledge. of and the ability to practice lifesaving tech- niques in heavy surf and severe ocean conditions , artificial respiration and first aid, and who is in good health and who possesses good physical strength and ability, and who is free from any physical defects . S . 7541.3 "Certified Lifeguard" . A lifeguard as defined in Section 7541.2 of this sectionon, who has been named in a certificate, as defined in Section 7541.4 of this section. I S . 7541.4 "Certificate" . A statement or. card signed by the Chief Lifeguard of the City of Huntington Beach, that a person named in the statement or card, has taken such examinations and passed such tests as demonstrated to the Chief Lifeguard. of the Harbors and Beaches Department that the person so named possesses the qualities set .forth in defining "Lifeguard . " S . 7542 REQUIRED LIFEGUARDS . S .. 7542. 1 As Set by Resolution. The City Council shall, upon recom- mendation of the Chief Lifeguard. of the City of Huntington Beach, designated by resolution, for each private beach, the number of certified lifeguards, with a minimum of one, and the hours of duty which it considers reasonably necessary to provide an adequate lifeguard service for the protection of the public, with due regard for the number of bathers utilizing the particular private beach; and with due regard. for such length and type of waterline as the particular private beach encompasses . i i Ii PUBLIC PLACES BEACH & PIER S . 7561 S . 7561 EFFECT AND ENFORCEMENT. Any violation of any provision of this Chapter shall subject the violator to ejection from the premises of the area in which violation occurs . This chapter shall be enforced by the Director of Harbors and. Beaches and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this chapter takes place . S . 7562 PENALTY. Any person violating any provision of this chapter shall conviction, be guilty of a misdemeanor, and. subject to a fine of not more than Five Hundred Dollars ($500.00) or be imprisoned for a period not to exceed. three (3) months, or by both such fine and. imprisonment. (1084) S . 7563 APPEAL. Any person dissatisfied with the decision of the Director of Harbors and Beaches in the areas of discretion on his part under this chapter, may appeal his decision to the City _ Administrator, may appeal said decision to theCity Council by notice in writing to that effect within 10 days from the date of the decision appealed from. S . 7564 SEVERABILITY. If any section, subsection, subdivision, Para- graph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would. have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections , subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional. i I i i i i i PUBLIC PLACES BEACH & PIER S . 7551 ARTICLE 755 PERMITS REQUIRED S . 7551 MOTOR VEHICLES . No person owning or operating any motor CD vehicle of any type (as defined in S . 7512) shall operate, drive, propel or run, or cause or-permit any motor vehicle to be operated , driven, propelled , or run upon the beach of the .Pacific Ocean within this City, without a permit therefor first being obtained from the Director' of Harbors and Beaches . (248, 1160) S . 7551 . 1 Application for Permit . Any person desiring to operate any motor vehicle or vehicles upon the beach of the Pacific Ocean within this City may apply to the Director of Harbors and Beaches for a permit to do so by an application in writing. (248) S . 7551. 1 .1 Contents. of Application. Such application shall state the time and place for which said permit is desired; shall state the kind and character of motor vehicle or vehicles to be operated; the names of the persons to operate the vehicle or vehicles; from time to time by the Director of Harbors and Beaches . S . 7551.2 Examining of Applicant . Upon receipt of any applice.ti.on for a permit to operate a motor vehicle or vehicles upon the beach, the Director may examine the applicant or any persons named therein as the driver or operator of any motor vehicle . (248) S . 7551.2 . 1 Safeguards . The Director of Harbors and Beaches may require such safeguard. - for the protection of the public as he may deem advisable . (248) S . 7551. 3 Issuance of Permit . If he shall deem the applicant and the person to operate the .motor vehicle or vehicles to be properly qualified and if suitable safeguards are provided. for,,;:the pro- tection of the public the Director of Harbors and. Beaches may issue a permit therefor. (24�) S . 7551.3. 1 Scope of Permit . Any person holding such a permit may operate or cause to be operated, a motor vehicle or vehicles in accordance with the terms thereof at the time and }dace in said permit specified . (248) S . 7552 CONCESSIONS . No person shall conduct or carry on upon said beach or pier or any part thereof, any business of any kind whatsoever, without first having obtained a permit from the City Council to do so . (344) i S .- 7552 . 1 Business Location. No permit shall be issued for the carrying on of any business upon said beach or pier, except in building constructed therefor. (344) S . 7552 .2 Leasing of Space in Buildings . Space in any building lo- cated upon said beach or pier may be leased by the City Council at their discretion. S . 7552. 3 BEACH & PIER PUBLIC PLACES S . 7552. 3 Rental Terms . The terms for the payment of rental for such space shall be specifically set forth in the agree- ment therefor, created by the City Council. ( 344) S . 7553 COMMERCIAL FILMING AND PHOTOGRAPHY. No person shall take any motion pictures or photographs on the beach for commer- cial purposes , without a permit therefor first had and obtained from the Director of Harbors and Beaches . S . 7553 .1 Application for Permit. Any person desiring to take com- mercial motion pictures or photography on the beach may apply to the Director of Harbors and Beaches for a permit to do so by an application in writing . S .' 7553 . 1 . 1 Contents of Application. Such application shall state time and place which said permit is desired. and any such information as may be required by the Director of Harbors and Beaches . S . 7553 .2 Examining of Applicant . Upon receipt of any application for a permit to take motion picture film or still photo- graphs , the Director of Harbors and Beaches may investigate and examine the applicant or any persons named therein. S . 7553 .2.1 Safeguards . The Director of Harbors and Beaches may re- quire such safeguards for the protection of the public as he =,may deem advisable . S . 7553 .3 Fees . MOTION PICTURE FILMING $200.00 per day STILL PHOTOGRAPHY 25 .00 per day Said fees shall be payable to the Director of Harbors and. Beaches, plus any cost to the City for any Police , Fire, Lifeguard. or Maintenance use of City Building, or any other service . Licenses must post an insurance certificate with the City, naming City as co-insured; said certificate to be approved by the City Attorney. S . 7554 PUBLIC ADDRESS SYSTEMS: PERMIT REQUIRED. No person shall set up, use, operate, or maintain a public address system on the beach within this City, except in those areas specifically desig- nated therefor, nor shall any person set up, use, operate, or maintain a public address system without first obtaining a written permit from the Director of Harbors and Beaches . The Director of Harbors and. Beaches is expressly given the authority to determine the maximum amplification permissible in areas d.esignated consistent with other persons ' enjoy- ment of the recreational area facilities . PLANNING ADMINISTRATION S . 9850 ARTICLE 985 DESIGN REVIEW BOARD S , 9850 DESIG14 REVIEW BOARD ESTABLISHED. There is hereby created . a Design Review Board for the City. of Huntington Beach referred' to in this article as "Board . " S , 9850. 1 Definitions . "Civic facilities" means any structure, facil- ity, landscaping or architecture planned to be placed, altered or constructed on land owned by or leased by or to the City of Huntington Beach, or any land or build.ing leased or subleased by or to the City of Huntington Beach. "Civic district structure" means any structure, facility, landscaping or architecture planned. to be placed, altered or constructed on land, or buildings located on private property within a civic district . (1571-4/70) S . 9851 DESIGN REVIEW BOARD OBJECTIVES . The objectives of this Board shall. be to encourage, insure and maintain the harmo- nious, orderly, attractive and aesthetic development of civic facilities and civic -district structures . (1571-4/70) S .. 9851. 1 Appointment of Members.. The Board shall be composed of five 5 members appointed by and responsible to the City Council. The membership shall consist of at least one (1) licensed architect, or a person with architectural background and experience, and one (1) landscape architect, or a person with landscape architectural background and experience . All members appointed shall be residents of the City of Huntington 'Beach. (1525) S . 9851.2 Terms of Office and Compensation. The terms of office of Board members shall be as follows: Three (3) members shall be appointed initially for a four (4) year term, and two (2) members shall be appointed initially for a two (2) year term except that after the expiration of these initial terms , all Board members shall be appointed for four (4) year terms . S . 9851.2.1 Removal of Members . Should. the Mayor determine that it would be for the best interests of the city that a member be. retired, with the approval of the City Council, he may so order and appoint a successor for the unexpired term of office of such retired member. (1589-7/70) S . 9851.3- 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. s' 9851.4 Secretary. The Planning Director, or a person so designated by the Planning Director, shall serve as secretary to the Design Review Board without the power to vote . S . 51 ,J ADMINISTRATION PLANNING S . 9851 . 5 Advisers 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 . S . 9852 DESIGN REVIEW BY APPLICATION. Before a permit can be issued under Division b or 9 of this code, any person planning the alteration or construction of civic facilities or civic district struc- tures must first submit to the Planning Director an application for review of design. The Planning Director or. such persons designated by him, must, thereafter within a reasonable time, submit said application to the Board for consideration . The Board shall recommend to the City Council either approval, conditional approval or denial of any design or plan for civic facilities, and shall recommend to the Planning Commis- sion either approval, conditional approval, or denial of any design or plan for civic district structures . The decision of the Planning Commis- sion may be appealed to the City Council, as provided in Article 988 of this Code . ( 1571-4/70) S . 9852 . 1 Form and Content of Applications for Design Review . The Board shall designate and adopt the form and content of applications for design review, subject to approval by the City Council. S . 9853 DUTIES OF THE DESIGN REVIEW BOARD. The Board shall review the design of or plans for civic facilities and civic dis- trict structures submitted to it, in the manner provided in this article, by using the following criteria: (a) The proposed development and architectural features must integrate harmoniously into the character and design of both the immediate neighborhood and existing or approved civic facilities or civic district structures . (b) The design must stabilize and protect property values from substan- tial depreciation . (c) The design must enhance the desirability and enjoyment of the immediate neighborhood . (d ) The design must improve community appearances by preventing extremes of dissimilarity or monotony in new construction or alterations of facilities . (e) The design must tend to upgrade property in the civic district and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, morals and welfare . (1571-4/70) FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 6/30/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE Chapters-Articles Chapters-Articles 6/22/70 S. 5511 S. 5511 6/22/70 S 5570 6/22/70 s. 5575 6/22/70 s . 6171 S. 6171 7/15/70 CONTENTS CHAPTERS - ARTICLES DIVISION 5 - WELFARE CHAPTER 51 - LIBRARY Article 510. General 511. Library Board 512. Meetings 513 . Powers of Board 514. Fiscal Matters CHAPTER 52 - RECREATION & PARKS Article 521. Recreation & Parks Department 522. Director of Recreation & Parks 523 . Fiscal Matters 524. Recreation & Parks Commission CHAPTER 53 - MORALS Article 531 . Gambling 532. Pin Ball Machines 533 . Pool and Billiard Halls 534. Fortune Telling - Prohibited CHAPTER 54 - MINORS Article 541. Curfew CHAPTER 55 - NUISANCES Article 551 . Weeds 552. Oil Waste 553. Solicitors , Peddlers, and Transient Vendors 554. Noises 555. Standing Water - Fencing 556 . Inoperable Vehicles 557. Motorcycles and. Motor-Driven Cycles WELFARE NUISANCES S. 5511 CHAPTER 55 NUISANCES ARTICLE 551. WEEDS 552. OIL WASTE 553. SOLICITORS , PEDDLERS AND TRANSIENT VENDORS 554. NOISES 555. STANDING WATER - FENCES 556 . INOPERABLE VEHICLES I 557• MOTORCYCLES & MOTOR-DRIVEN CYCLES ARTICLE 551 WEEDS S . 5511 Removal of Weeds Required. All person owning any real property in this City are hereby required to keep said property free from weeds, whose seeds are of a winged or downy nature and are spread by the winds . (84) S . 5512 Weeds are Nuisance. Any such weeds on any such real property in this City are hereby declared to be a nuisance . (84) S . 5513 Notice of Owner of Remove Weeds . It shall be the duty of the Superintendent of Streets to notify, in the manner hereinafter provided, the occupants and owners of any premises in this City to eradicate and remove, within ten (10) days from the receipt of such notice, all weeds whose seeds are of a winged or downy nature and are spread by the winds , from the property they own or occupy in this City, and that upon a failure to do so ,within ten days , this City will cause the said weeds to be removed at the expense of said owner. S . 5513 .1 Form. Service of Notice . Such notice shall be given in writing, by serving personally upon the occupant (if there be any occupant) and upon the owner, each a copy of such notice, directed to the owner, or if the owner be a non-resident of the City of Huntington Beach, be serving the occupant if any) personally, and by mailing by registered mail, a like copy in writing_ to the owner at his last known address as shown by the last assessment of the said City of Huntington Beach, if said address appears thereon, or if no address appears thereon the same shall be addressed to him at the City of Huntington Beach, or if there be no occupant; by posting a copy of the notice in a conspicuous place, upon each lot or legal subdivision of the said premises , and serving a copy upon the owner as hereinbefore provided. (84) S . 5514 Delinquency of Owner: Report to Council. At the expira- tion of ten days from the sending or serving of the said notice , if the said weeds are not removed from the said property, the Superintendent of Streets shall thereupon report the said delinquency to the Council with an estimate of the probable cost of doing t--:e w. ~' (84) � • r S . 5514.1 NUISANCES WELFARE S . 5514 .1 Ordering of Work by City. The Council must then order the Superintendent of Streets to do the same work, at the expense of the owner of said property, and provide for temporary payment of the same with City funds . j S . 5514.2 Extension of Time . The Council may, in its discretion, extend the time withi-n which the work must be done.. (84) S . 5515 Statement of Proceedings : Contents . At the completion of the work, the Superintendent of Street must prepare a statement of the proceedings , reciting the existence of the nuisance , the description of the property, the names of the owners and occupants , if known, the giving of the notice , the hearing by the Counc9.1, the making of the order by the Council, the doing of the work and the cost thereof. S . 5515.1 Authentication: Filing. Such statement must be signed and verified by the Superintendent of Streets , and filed in his office. S . 5515. 2 Collection from Owner. The Superintendent of Streets shall then collect the said amount from the 6wner or owners of the said property by suit or otherwise , making the said charge a lien upon the said property by attachment or other levy. (84) S . 5516 Penalty. Any person failing to clear his said property from said weeds after notice as provided in this Article , shall be subject to a penalty of ten dollars ($10.00) in addition to the cost. of cleaning said property; and the Sup(rintendent of Streets shall cause suit to be brought in any court: of competent jurisdiction to collect the same . s S . 5516 .1 Criminal Prosecution. The collection e,f said penalty shall not be a bar to criminal prosecut€ion for the same offense . (84) i S . 5517 Misdemeanors . Failure to keep said property free from the said weeds as provided in Section 5611 shall be a violation of this Article , and is hereby declared to be a mis- demeanor; and for every lot so overgrown with weeds as set forth in Section 5511 and not cleaned after notice as herein provided in Section 5513 and 5513 .1 there shall be counted a separate violation of this Article, and that or any other violation off this Article shall constitute a misdemeanor. (84) t { 1 ' s f 1 WELFARE NUISANCES S . 5570 ARTICLE 557 MOTORCYCLES AND MOTOR-DRIVEN CYCLES 7- o . S . 5570 SCOPE AND PURPOSE. The City Council of the City of Huntingtor. Beach finds that the. operation. of licensed and unlicensed. motorcycles and motor-drive cycles on unimproved private property and. on public parkways, sidewalks, parklands, beaches and other public prop- erty (except public streets and highways ) in the City of .Huntington Beach creates excessive amounts of irritating dust, fumes, noise, erosion and. fire danger, and constitutes a public nuisance to the residents of Huntington Beach. This -ordinance is designed to regulate the operation of registered. and unregistered motorcycles and motor-driven cycles by all persons, whether they possess a valid. California motor vehicle operator's license or not, upon unimproved. private property and upon all public property except public streets and highways in the City of Huntington Beach. S . 5571 DEFINITIONS. . (a) Motorcycle. A "motorcycle" is any motor vehicle other than a tractor having a seat or sad.d.le for the use of the rider and de- signed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds . (b) Motor-driven cycle . A "motor-driven cycle" is any motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with motor attached.. (c) Highways . "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street . (d) Unimproved private property. "Unimproved private property" shall . mean any parcel of land. which either contains no structures or which is not surfaced with cement, concrete,. asphaltic concrete, or other similar material, or -which does not have a. hard. surface made up of a mixture of rock, sand. or gravel bound together with a chemical or mineral substance other than natural soil. S . 5572 PROHIBITED OPERATIONS . (a) No person shall operate a motorcycle or motor-driven cycle other than a publicly-owned motorcycle or motor-drive cycle, upon any public sidewalk, walkway, parkway or in any public park or recreational area or .upon any other publicly.-owned property, except highways, within the City of Huntington Beach. This shall not be construed to prohibit the operation of a motorcycle or motor- d.riven cycle having a valid California vehicle registration by any person possessing a valid. California operator' s license upon . the public highways in the City of Huntington Beach. S . 5572 (b) NUISANCES WELFARE (b) No person shall operate a motorcycle or motor-driven cycle, other than a publicly-owned motorcycle or motor-driven cycle, upon any unimproved parcel of real property within the City of Huntington Beach, except as set forth in Section 5573 below. S . 5 3 EXCEPTIONS . Any person desiring to operate a motor-cycle or motor-~riven cycle, and any owner of private property desiring to allow a person or persons to operate a motorcycle or motor- driven cycle on his private property, may do so upon first obtaining a permit from the Chief of Police of the City of Huntington Beach. Permits shall be iss.ued upon his determination that (a) the owner or owners of said real property concerned, or the person or persons in lawful possession thereof, have consented in writing to the proposed operation, and (b) that the City .Fire Chief has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle and its proposed o eration or by reason of the nature of the property concerned, and (c that such operation is of sufficient distance from occupied residences, churches, assembly halls or schools , as not likely to constitute a noise, dust or fumes nuisance . Any owner of property meeting the requirements of this section, or his agent, may in writing, -authorize the Chief of Police to issue per- mits -for. the operation of motorcycles or motor-driven cycles on his property. Such authorization is to be in the - form prescribed by the Chief of. Police and must describe the real property and. may limit the authority to the persons set forth in said. authorization. Any change of interest in ownership in the real property shall be deemed an auto- matic revocation of such authorization. All persons holding a title interest in and. to a parcel of real property- must join in said author- ization. S . 5574 CONTENTS OF PERMIT. (a) Name, birthd.ate and. physical description of the permittee . (b) A statement that permittee shall not operate or cause to be operated. a motorcycle or motor-driven cycle on any real property except the real property set forth in the permit by description. (c) A statement of the hours that the permit authorizes operation of the motorcycle or motor-driven cycle . (d) A statement that said permit shall be carried by permittee at all times that he is .operating a motorcycle or motor-driven cycle on public or private property as defined in this article and that the permit shall be exhibited. to any police officer upon demand . (e) The date of expiration of the permit in no event to exceed one year, unless sooner revoked. or suspended . (f) A statement that the . permit is not an expression by the City that the proposed operation can be done with safety to the permittee or other persons or property, all of which risks are assumed by permittee or property owner. WELFARE NUISANCES S . 5575 :: . �5 APYL;A7:,. Any -3.pplicant ref'use(l a permit may appeal such refu;,al to the .City Council by filing an appeal in writing, :-3 t;tJ.rig, forth the groiarid., . 5175. 1 hevoca.tion or Su;. pension. Any permit issued hereunder is ;,u , ec ; o suspension or revocation by the City Council, after notice to the permittee and public hearing, on any of the follow- ing grounds: (a:) The owner or agent of the real property has withd.rawn his consent . (b) Conditions concerning the real property covered by the pErmit have changed so that conditions exist which would be grounds for refusal to issue- the permit . (c) Permittee has violated any of the terms or conditions of the per- mit or any Iaw. while on private or public property pursuant to permit issued herein. S . 5576 VIOLATIONS - PENALTIES . Any person violating any of the provisions o . this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof . shall be subject to a fine of not less than twenty-five dollars ($25.00) but not exceeding one hundred dollar ($100.00) , or imprisonment fora period not to exceed thirty (30) days, or by both said fine and imprisonment . . S . 5577 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,. such decision shall not affect the validity of the remain- ing portions of the ordinance. The City. Council of the City of Hunting- ton Beach hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases may be declared invalid or unconstitutiona' TRAFFIC OPERATION S . 6171 ARTICLE 617 SPEED LIMITS 113 T7,- S . 6171 It is hereby determined, upon the basis of an engineering and traffic survey, that the speed permitted by the California Vehicle Code upon the following streets is not in conform- ance with the safe .and efficient operation of vehicles thereon, and it is hereby declared that the prima facie .speed limits shall be as hereinafter set forth on those streets, or parts of streets herein designated, when signs are erected giving notice thereof. S . 6171. 1 Speed Limits . The prima facie speed limits as follows: (1214, 129 , 1322, 1357, 1382, 1399, 1436 1462, 1476, 1479, 1496, 1505, 1523, 1531, 1537, 1545-12/69, 1574-4/70, 1583-6/70) SPEED LIMIT STREET LIMITS MPH Adams Main to Alabama. . . . . . . . . . . . . . . . . . . . . . . . . 25 Alabama to Beach. . . . . . . . . . . . . . . . . . . . . . . . 40 Beach to Santa Ana River. . . . . . . . . . . . . . . . 45 Atlanta Lake to Newland . . . . . . . . . . . . . . . . . . . . . . . . . 40 Banning Magnolia to Bushard . . . . . . . . . . . . . . . . . . . . . 40 Bolsa Bolsa Chica to Springdale . . . . . . . . . . . . . . . 50 Springdale to Goldenwest. . . . . . . . . . . . . . . . 45 Bolsa Chica Rancho to Edinger. . . . . . . . . . . . . . . . . . . . . . . . 50 Edinger to Warner. . . . . . . . . . . . : . . . . . . . . . . 45 Brookhurst Garfield to Hamilton. . . . . . . . . . . . . . . . . . . . 45 Hamilton to Pacific Coast Highway. . . . . . . 50 Bushard Garfield to Brookhurst. . . . . . . . . . . . . . . . . . 45 Davenport Baruna to Algonquin. . . . . . . . . . . . . . . . . . . . . 35 Delaware Adams to Indianapolis . . . . . . . . . . . . . . . . . . . 35 Indianapolis to Frankfort. . . . . . . . . . . . . . . 30 Edinger West city limits to Beach. . . . . . . . . . . . . . . 40 Beach to east city limits . . . . . . . . . . . . . . . 45 Edwards North city limits to Bolsa. . . . . . . . . . . . . . 35 Bolsa to Slater. . . . . . . . . . . . . . . . . . . . . . . . . 40 Slater to Talbert. . . . . . . . . . . . . . . . . . . . . . . 4; Ellis Beach to east city limits . . . . . . . . . . . . . . . 40 Garfield Goldenwest to Newland . . . . . . . . . . . . . . . . . . . 40 Newland to Ward . . . . . . . . . . . . . . . . . . . . . . . . . 45 S . 6171.1 OPERATION TRAFFIC SPEED LIMIT STREET LIMITS MPH Goldenwest North city limits to McFadden. . . . . . . . 40 McFadden to-- Marne r. . . . . . . . . . . . . . . . . . . 45 Warner to Mansion. . . . . . . . . . . . . . . . . . . . 50 Mansion to Pacific Coast Highway. . . . . 40 Gothard McFadden to Edinger. . . . . . . . . . . . . . . . . . 40 Edinger to Warner. . . . . . . . . . . . . . . . . . . . 45 Warnerto Main. . . . . . . . . . . . . . . . . . . . . . . 35 Graham Edinger to Heil. . . . . . . . . . . . . . . . . . . . . . 40 Heil to Warner. . . . . . . . . . . . . . . . . . . . . . . 35 - Hamilton Newland to East City Limits . . . . . . . . . . 40 Heil Bolsa Chica to Beach. . . . . . . . . . . . . . . . . 40 Beach to Newland . . . . . . . . . . . . . . . . . . . . . 35 Holland Beach to Marken. . . . . . . . . . . . . . . . . . . . . . 25 Huntington Adams to Atlanta. . . . . . . . . . . . . . . . . . . . . 30 Atlanta to Pacific Coast Highway. . . . . 35 Indianapolis Beach to Newland . . . . . . . . . . . . . . . . . . . . . 30 Lake Seventeenth. to Pacific Coast Highway. 35 Magnolia Heil to Warner. . . . . . . . . . . . . . . . . . . . . . . 45 Garfield to Banning. . . . . . . . . . . . . . . . . . 45 Main Beach to Mansion. . . . . . . . . . . . . . . . . . . . . 40 Mansionto Adams . . . . . . . . . . . . . . . . . . . . . 35 Adams to Eleventh. . . . . . . . . . . . . . . . . . . . 25 McFadden Bolsa Chica to Graham. . . . . . . . . . . . . . . . 40 Springdale to Goldenwest. . . . . . . . . . . . . 45 Goldenwest to east city limits . . . . . . . 40 Monterey Edinger to Saybrook. . . . . . . . . . . . . . . . . . 35 Newland Heil to Talbert. . . . . . . . . . . . . . . . . . . . . . 40 Indianapolis to Pacific Coast Hwy. . . . 40 Orange Gold.enwest to Seventeenth. . . . . . . . . . . . 40 Seventeenth to Main. . . . . . . . . . . . . . . . . . 30 Rancho Bolsa Chica to east city limits . . . . . . 35 Saybrook Monterey to Davenport-` . . . . . . . . . . . . . . . 25 Seventeenth Main to Pacific Coast Highway. . . . . . . . 35 Sher Edinger to Juliette Low. . . . . . . . . . . . . . 35 Slater Springdale to Newland . . . . . . . . . . . . . . . . 40 Springdale North city limits to Ed.inger. . . . . . . . . 45 F,dinger to Slater. . . . . . . . . . . . . . . . . . . . 40 r FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 611P 0) PLEASE REMOVE FROM CODE PLEASE.ADD '.C'O CODE EFFECTIVE DATE s. 6311.12 s. 6311.12 6/18/70 S. 7511.22 SD 7511.22 6/18/70 DM 7 DM 7 5/6/70 DM 12 DM 12 5/20/70 DM 31 DM 31 5/20/70 DM 34 DM 34 5/20/70 r TRAFFIC PARKING S . 6311 .12 S . .6311.12 Emergency Parking Signs . (a) Whenever the Director of Public Works shall determine that an emergency traffic 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 power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the Director of Public 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 section are in place siging notice thereof, no person shall operate , park or stand any vehicle contrary to the directions and provisions of such signs . S . 6311.13 Display of Warning Devices When Commercial Vehicle Disabled. Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during darkness shall be equipped with and carry at least two flares or two red lanterns or two warning . lights or reflectors , which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semi trailer is dis-abled upon streets or highways outside of any business or residence district within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during darkness , a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved class A-Type I turn signal lamps , at least two toward the front and at least two 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. S . 6311.14 Parking Parallel on One-Way .Streets . (a) _ Subject to other and more restrictive limitations a vehicle may be stopped or parked within 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 stopping or standing. S . 6311 . 14 (b) PARKING TRAFFIC (b) In the event a. highway includes two or more separate 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 ,ita.nding or parking . (c) The Director of Public Works is authorized to determine when stand- ing 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 or more separate roadways and shall erect signs giving notice thereof . (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 center line of the street and does not block traffic thereby. S . 6311. 15 Diagonal Parking. 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: (a.) 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; (b) With the front wheel nearest the curb within six (6) inches of said curb . The provision 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 provisions applicable in Section 6311 .14 of this Ordinance shall be complied with. S . 6312 MINIMUM REMAINING 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 a.nd .Highways . (1577-5/70) S . 6313 PROHIBITING PARKING ON OTHER SIDE OF STREET. The Director of Public Works is hereby authorized to prohibit the park- ing of vehicles , 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. PUBLIC PLACES. BEACHES & PIER S . 7511 .22 S.. T511.22 Electrical Outlets . No person shall use any electrical outlets on the beach without first obtaining written con- sent from the Director of Harbors and Beaches and paying such fees as may be prescribed . S . 7512 VEHICLE REGULATION. No person sha.l . operate any skateboard , motor driven cycle, motorcycle, a.utornobile, motor truck or other vehicle of conveyance on the beach other than for la.w enforcement, lifesaving or emergency purposes, or for beach maintenance purposes, without the expressed 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 . S . 7512.2 Speed . No person shall drive any vehicle on the beach at a, speed that is greater than is reasonable or prudent, having due rega.rd for the traffic and traffic pattern and the surface and width of the roadway, in no event in excess of ten (10) miles per hour, unless a, greater speed is posted . ' S . 7512. 3 Time Limit . During the period of June 15th to September 15th, any and a,ll commercial motor vehicles of any type, must make their deliveries to beach concessions between, the hours of 6:00 A .M. and 11: 00 A .M. S . 7512.4 Parking . No person shall park any vehicle except in desio- nated parking areas, provided, however, that the Director of Harbors and Beaches is hereby authorized to permit parking along . roads and in under-developed areas when, in his opinion, such parking will not interfere with beach area, operations . S . 7512.5 Erection of Speed , Traffic and Parking 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 roa,d- ways and streets therein. The Director of Harbors and Beaches is also authorized to designate parking axes and traffic patterns and to erect and maintain signs indicating such 'area.s and patterns . S . 7513 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 . S . 7521 BEACH & PIER PUBLIC PLACES ARTICLE 752 PIER REGULATIONS " . 7521 AUTHORITY OVER PIER. The Director of Harbors and Beaches, subject to the provisions of this Article and such Ordinances as the Council may adopt from time to time, is hereby given full power and authority to regulate or control the use of the public wharf or pier at the foot of Main Street in this City. (344) S . 7522 CONTROL OF PIER. The Director shall have power to deter- mine what portions of said pier shall be open to the public at any and all times, and also what. portions of the pier shall not be used for any specific purpose . S . 7523 VIOLATION OF POSTED NOTICES . Upon the posting of notices prohibiting the doing or performing of any acts upon certain portions of said pier by the Director of Harbors and Beaches, it shall be unlawful for any person to use said portion of said pier for the prohibited purpose or purposes . (344) S . 7524 PROHIBITED ACTS . No person while upon or near the Municipal Pier located at the foot of Main Street in this City, and over the Pacific Ocean in this City) shall do or cause or permit to be done, any of the following acts: S . 7524. 1 Overhead Casting: Cast a, fil'shing line, either with or with- out a fishing pole, by what is commonly known as overhead casting. (344,554) S . 7524.2 Negligent Casting. To cast a fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such manner as to create a, hazard to any other person, either in the water adjacent to the pier or on the -pier. S . 7524.3 Extra Lines . Have more than two fishing lines to any one person in the water under or near said pier at one time . S . 7524.4 Projecting Poles . Allow or permit any fishing pole to extend inward from the rail to a distance of more than four feet (41 ) . (344, 554) PLANNING ZONING DM 7 SECTIONAL DISTRICT MAP 7-6-10 N.eeT NOTE Y' �nT/' L MWENLONB OF CITY of ET ADOPTED AUGUST IS,1880 �FrSUCH ppHIW xB ARE I.YER RIGHT CENTER 1 EITEWD TO THE CITY COUNCIL ORDINANCE NO.785 LEGEND: _ /-A� AMENDED ORDN0. AMENDED ORDN0. "0' SINGLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH 6-6-62 91 6-66 .53 REBIDENTI<L .ORICULTURRL DISTRICT STRICT e-4-84 lose H2O-69 1466 WEIDXBdlnoo0 CONMERCIAI DIBTPICT 8-15-64 1062 4-6-TO 1567 rM r ��55 pC-Al 12.7-64 1106 4-6-70 1568 © "IGNw.r_C ERCiAL DISrRIGr 3-1-65 1123 � COMBINEO WITH OL PRODUCTION ORANGE COUNTY, CALIFORNIA 5.21T15 1141 1-6-65 1168 AMENDED BY ZONE CASES 5-16-66 12DT SUFFIX LEGEND: 8-13-Bfi 1243 ----- DESIGNATES Fill-STREETS 255,416,446.482,502.510.539.66-12,66-34,66-42,67-11,67-22 10.3-66 1257 =-_ SE N 66-65,68-35,65-45.69-45.70-3, 5-I6-67 1323 9-IB-67 1349 9.18-67 1347 rz T 1 ADAMS AVE. RI RI ---.--_a 1 = QS OL�MPIC DP N �' b � y C2 RI RI RI RI '� RI RI RI OR C4 6, y �RI RI SnRl Q d RI RI RI�cM � So,► MEDITERRANEAN DR. NAVTILU3 DR. 3 RI RI R! RI RI CANDLEINGGD DP RI J RI 3 X RI D LL7�T4l 61 _ rELL'- R RI ETT DRPoRI RI o RI RI ``= RIzRI oRl 8R! EY�IRI yE#- RI $ - W RI cP RI' xa OR NA2ELBROOK m W FIR. RICK ,I RI RI s RI RA RI RI s RI o RI RI RI RI 11_RI CWgN.vEN DR E RICI RI 33 RI INDIANAPOLIS AVE. INS RI L.OREST. ±RIIf§; RI 1 RI - RI RI RI _ RI _ _ RA-0 1. s.uN R.w RI RI ELLSWORTH DR. urlEaTE DR RI RI 1. c . NICKER pDVE RI RI R RI '� R I L AN f X.RCOLR - TNEPW.x V Y.0 R CIR LE [RI J RI J RI RI A RIR Po RI RI - BP:NCER C. 9UNP64E pi. ERBKIN i1LV R TRIM 3 RI RI RI aA. mI.RxDURT J CARROLLTOWN O RI RI 0R I aOR RI f 3 RI RI FRI PI RI J RI Rq-0 US A. �m.Ri c ; r x 'wK R RIEj� R ;RI g t C4 R---_- E RI OR 2 scon.oux S RI ATLANTA AVE le T r 4 IB 14 PLANNING ZONING DM 12 o SECTIONAL DISTRICT MAP II-6-II .�,LE NFEET NOTE- CITY OF o 11"GIT OF N rD THE EnTER ADOPTED YARCN T. 1960 CITY COUNCIL ORDINANCE NO.754 LEG END NT s E D-RICT AMENDED RO D.NO. AMENDED ORD.NO. ® r HUNTINGTON BEACH 3_26-6D 84T 0-3-67 1258 © .11 NAL pE'.Encsm[r.' y.n�•s uicT 6-1-60 756 0-3-66 1258 .�T "IERALNDI.s INEss o1s TR�ct II-6-61 876 4-11. W. Ni - T 5-7-62 9Do 9-I6-67 1348 � INNsreuL DSTR.c. ORANGECOUNTY CALIFORNIA 2-3-62 938 69 463 ® Ol'—PROFESSIONAL DISTINCT 7 6-5-63 992 7-2I-69 AMENDED ZONE CASE: - I511 15 BY a-1963 996 8-4--7 I5 63] calN«nr NR A s*R1c 1.4-65 II11 4-2069 1572 �� n D NN cO JSER sLD O 9-R1Or 101,174,175,201.237.266.281,282,342.347,4B4,536,345.66.23,66-41.66-68,67-5 -17-86 II80 SUFFIX LEGEND C _ 67-I6,67-22,68-39,69.14,69-13.69-35 2_21-66 I IB6 JI VNE. rt OI L PRODUCTION lo x 7-3-66 1221 sETN4DNL N i OIL PRDDDCTiDN �!..\i�I~�`. IN AREA ROIND oxNE.SEVEN ST / ADAMS AVE. w,ocA N 0. U I6 SE—T.ST ON SE. L L14-- RI-0 RI R-I F R-I R-I R2 ro _ R 5 _ -C2H RI RI RIRI R2 90 C,sL°-O e LOMA AVE- N V R3-0 o PoR3-0 c R5-0 0 RI EH RI R4 a RI R2 ssD ED R3-0 RI-O B 051EGO AVE. n -AID' 50] RI-0 THIRTEENTH u �� DD RI RI R3-0 0 0 0 0 0 C41 R o R3 00 R5 _ R5-0 C fsr�. RI RI RI NASNVILLE AVE. 300 N 9T p yK RI RI rwELfK� N R3 R3 R5 hA 9Cy I RI R I R I - MEMPMI3 �E K RI ELEVENTH Ri. sT. " R2 ¢ C" K ¢ N ¢" K �A-� y LINCOLN R3 C4 D 9c,PTL O� I RI TENTN RI I� R2 N N 8 CD �O. RI R2 s7 Kr�ry ?e� VVVV�ti O R 2 R I R 2 �� �LJ o❑ D❑ I w Kp RI a KNOx VILLE AVE. �e R 2 _ ry N N N N N Ng R2 R 2 ¢JOLIET o .3 D(� P Pti eA R3 R2 � R2 RliT R2 I a a I N N N N N N N u N N iE R3 R3 2 R3 CC M Q-1 P^' NDIANAPOLI AVET— Q� ?ti 9�qJ w.R3 R3 _ R2 2 , O Q� D Q Q� ,� f f K ❑ N N N N N N RZ P �h� N h R2 LJ f P O > HARTFORD AVE. Q o )� D Q N N ?� P�K R 2 3 - R 2 h P p J Q'J D ❑ N N N p N2 MIF IR oaooR2 GENEVA N LID R3R3R3 '�) �•.� J P Q,>7 FRANKFORT P�v� .DD R3 M M M M Q b 2A Qbr�p Q�e� 94f M M R 3 Q: D� W D ELMIRA� R3OmR5 p DETROIT Z AVE. R 3 a R2 3 R;5 R 3 C Qp V� f `D Y CKICAGO O AVE Q a4 b h CD G�A,t, a� a a R 3 M i M Rz R 3 .y A O !l Ma (��? G� K BALTIMORE AVE. R 3 C G Kre^� G R3 f - - � G M G'7 �• r OE, ATLANTA AVE PLANNING ZONING DM 31 olo SECTIONAL DISTRICT MAP 26 - 5 - II ,<..E - 1EEr NOTE CITY OF ADOPTED APR 1980 CITY s c DR Dc w..rc r C c<xr ER COUNCIL ORDIDI NAA NCE N0. 759 LEG EiJ D.�D AMENDED ORM NO. AMENDED ORD.NO. rfl-A-1 RESIDENTUL—CULTURAL DISTRICT Rom-I Two FAMILr RESIDENCE DISTRICT HUNTINGTON BEACH 5-I-1961 634 1_20_1961 030 7-3-1961 649 1-18-1965 1117 1 ROFE5510NL 6-7.1981 860 3-IS-1865 112a ;� LIGHT INDUSTRIAL DISTRICT9-I9-1861 666 4-5-1965 1132 10-2-1961 .7. 5-17-1965 I141 C - ° r RES.DENCE D. RI.,T ORANGE COUNTY, CALIFORNIA 6-1981 878 4-IB-1966 1202 me_11111LE DOTAL' N.E Dlsrztt Iz-4-1961 OTT 8-1-1966 1234 5-7-1962 SON) 1.3-1967 1276 AMENDED BY ZONE CASE: 2-23-1963 955 1-3-1967 126o SUFFIX LEGEND: 101,148,17"187,192,202,208.2.1,212,237.304.312.313 4-1-1963 958 3-6-19.7 1304 O 306,326,339,341,348.35%.359,369.371.269.467,504,508,509.66-7,66-13,66-14,66-57,PP 66-3 445-1963 982 3-20-1967 1305 E 66-50,67-1. 6]_22,PP 67-5,PP 69-1,PP69-2,PP70-I 6-3-1963 970 9-I8-1967 1349 --- 6-5-1963 992 1-15-1968 1383 ---- rlMarE Rlcxr Dr w4r 8.13-196; 9B8 5-19-1969 1498 :rt wECISE ttax DE sTREEr a I.SxNExr 9-164963 1004 10-6-1969 1530 10-7-1963 1007 4-20-IBTO 1570 23 24 10.28-IB83 1010 25 23 WARNER IT-Ie-1963 1oz0 AVE J+L I I I IL EDD=TD c R2 3 R 5 R Ir.. 4;D C 4 i FIR OR. N 1 R2 I LAIN AVE ' 3D 30 rn ;�I I a a RA MI wml R2° R2 ; [72% w i F5U _ CEOAR AVE. IS D R 2]4 R„2 R? MI 4 :: RIR RI S LIlE SECN2-6_5-n 4 .R3. o To I BETTY OR =s M I M I M I MANDRELL DR R3'H� 1 RI R3 R3 C4 8 sARraN DR 3 RI RI RI RI RI ' I - R3 f •_hoc _ FORD S I � To[ R I _ In ran !7 rn rn m M D K RA o AeRoc ' R3 R3 J R3 4� _. C 4 R2 is L'00 4 I. I r SPEERA, , 3 Rio MIS R2 c MI MI MI R3 R . „a— Di s R3 R2 C4 a X so00o M nEw MA1+ AVE -- MI R2 N 1 C W 3 RONALD OR. R5 W[r R2 p - o A R3 u R3 w CD R2 ` �4 m J R R R55- R5�gT.o� T TALBERT AVE zua oY$- P NNING ZONING DM 34 SECTIONAL DISTRICT MAP 29-5-II ,DALE IN EEETOC NOTE Ex,pxS ERE Ix fFET AD CITY OF OPTED MAflCN 20,19 O 80 ✓ ioIE• w0 Exr ROxix[ccxTER OT osE RIG ioNE W v r s CITY COUNCIL ORDINANCE NO.824 LEGucxEND: x AMENDED ORD.N0. AMENDED ORD.NO. a]SAaL RE31DENCE D RICT E�o H[TNTINGTON BEACH 6.2._63 976 ®TWO EEYRY RE40EHLE 06TPitt 11-IB-83 1019 Q LIMITED MULTIPLE TSMILY RESIDENCE DISTRICT 10•IB-63 1183 Q x0..C—ROAL 6-6-68 1403 12-16-66 1436 ORANGE COUNTY, CALIFORNIA 4-Y0-70 1573 AMENDED BY ZONE CASE: 332.498,68-7,68-40,70-3 SETIM41 LINE 2? 3 9 3 WARNER AVE I L i' RI ` RI u i »Dosa I.a W :9 W R RI W qa RI � R3 � �� R3 s s J RI 3 R3 xI R3 "I R I $ 30. R3 Cqi E RI W EDGEWATER R 2 R 2 R 2 RI RI C2 IID i 30 . I RI R2pR3 i R3 4LADDIN DR. _J RI O "� u RI a� Ca,RTN Y �� R I 'R I R I C 2 WARNER RI PJE - LL =�— AS L05 PATO§ --AVE I I I I I G \ I S \ r 9\ o qtr I f yc I C O q I t n mE NunWCTox eAol nuwiNc ORI. FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 5/20/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapters--Articles Chapters-Articles S . 2311 S . 2311 -- S . 2391 S. 2399. 1 (d) s . -6171. 1 S. 6171.1 Article 968 Article 968 S . 9700 (f) S . 9700 (f) S . 9700 u S . 9700 t S . 9710 S . 9710 S . 9716.4 S . 9715 CONTENTS CHAPTERS - ARTICLES CHAPTER 17 - TAXES Article 171. Collection 172 . Sales and Use Tax 173 . Uniform Transient Occupancy Tax 174. Cigarette Tax 175. Real Property Transfer Tax CHAPTER 18 - PERSONNEL SYSTEM Article 1 1. General 182 . Personnel Board 183 . Competitive Service 184 . Political Activities - City Employees 185 . Severa.bility DIVISION 2 - BUSINESS CHAPTER 21 - BUSINESS LICENSES Article 211. General CHAPTER 22 - CERTIFICATE OF PUBLIC NEED & NECESSITY Article 221 . Ambulance Service 222 . Private Patrol Service CHAPTER 23 - OIL Article 231. General 232..: Department of Oil Field Control 233 . Definition 234. Permits and Fees 2J5 . Bonds and Insurance 236 . Drilling and Operation 237 . Safety 238. Enforcement 239. Activation of Non-producing Oil Wells CHAPTER 24 - DANCE HALLS Article 241. Permit 242 . Re—aulations 243 . Premises 244. ra.trons 245 . Enforcement BUSINESS OIL S . 2311 CHAPTER 23 OIL 1203 ARTICLE 231. GENERAL 232 . DEPARTMENT OF OIL FIELD CONTROL 233 .. DEFINITIONS 234. PERMITS AND FEES 235 . BONDS AND INSURANCE 236 . DRILLING AND OPERATION 237 . SAFETY MEASURES 238 . ENFORCEMENT 239. ACTIVATION OF NONPRODUCING OIL WELLS ARTICLE 231 GENERAL S . 2311 Title . This Division shall be known and may be cited as "The City of Huntington Beach Oil Code . " Code as referred to in this Division, unless the context clearly indicates otherwise, shall mean the City of Huntington Beach Oil Code . S . 2312 Purpose and Intent . It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations , safeguards and controls, for the present oper- ations and future drilling for and production of oil, gas and other hydrocarbon substances within the City in such areas as are deter- mined by the City Council to be exempt from the prohibition against such activities in conformity with the provisions of Zoning Ordinances of the City of Huntington Beach. Limitations , safeguards and controls are deemed necessary in the public interest. Uses are indicated by the Master Plan of the City, City zoning regulations , the value and character of improvements in or near districts where oil drilling or production is hereinafter permitted and the desirability of certain areas for residential, commercial or other uses . It is recognized that many citizens with substantial property investments do not own mineral rights and would not profit directly from oil or gas development . The City Council finds that uncontrolled drilling and production would be detrimental to the general welfare of the residents of the City and to the public health, safety, and welfare . It is contemplated that areas within the City may be explored for oil by directional drilling methods , with surface drilling and production operations limited to a minimum of controlled drilling sites so located, spaced and regulated as to cause the least possible detriment to the community and the general welfare . Y S : 2321 OIL BUSINESS ARTICLE 232 DEPARTMENT OF OIL FIELD CONTROL S ., 2321 Department of Oil Field Control, Establishment Of. There is hereby created a Department of Oil Field Control for the City of Huntington Beach to carry out the purpose and intent of the Oil Code . S . 2322 Oil Field Superintendent, Creation Of. The office of Oil Field Superintendent of the City of Huntington Beach Department of Oil Field Control is hereby created to be the head of and responsible for the Department of Oil Field Control . S ., 2322. 1 Oil Field Superintendent, Appointment and Salary. The Oil Field Superintendent shall be appointed by the City Council and hold office at their pleasure , and shall receive such compensation for his services as the Council shall direct. S .. 2322. 2 Oil Field Superintendent, Duties . The Oil Field Sup- erintendent shall, subject to any conflicting admin- istration policy, assume full responsibility for the operation of the Department of Oil Field Control, and be responsible for the enforcement of Chapter 23 , (Oil Code) of the Ordinance of the City of iuntington Beach. He will be responsible for the management and overall co-ordination of all City agencies concerned with the devel- opment and operation of the oil industry and oil field within the City of Huntington Beach. I BUSINESS OIL S . 2391 ARTICLE 239 ACTIVATION OF NONPRODUCING OIL WELLS 1559- 70 S . 2391 ACTIVATION OF IDLE WELLS PROHIBITED. No person or operator shall activate or put into production an oil well within the City of Huntington Beach after notice has been given that such well is deemed to be an idle well pursuant to Section 2363 of this code, or any well whose drill site has been cleaned and restored in accordance with such Section 2363, unless an activation permit has been first obtained pursuant to the provisions of this article . S . 2392 ACTIVATION PERMIT REQUIRED. The operator of any well subject to provisions of this article may file with the Department of Oil Field Control an application for activation of such well. In the case of a, well whose drill site has not been cleared and restored, as required by Section 2363 of this code, such application shall be filed within twenty (20) days after the date of notice given pursuant to Section 2363 of this code, or within twenty (20) days after determi- nation of appeal therefrom taken under Article 238 of this code, or within twenty (20) days after the effective date of this ordinance, whichever last occurs . In the case of any well whose drill site has been cleaned and restored, as required by Section 2363 of this code, the application for permit under this article may be filed at any time . S . 2393 APPLICATION FEE. No permit application shall be accepted by the Department of Oil Field Control unless a permit appli- cation fee in the sum of Fifty Dollars ($50.00) , payable to the City of Huntington Beach, is paid when such application is presented for filing. Such fee is not refundable. S . 2394 REFERRAL. Upon receipt of such application and fee, the Department of Oil Field Control shall refer the application to the Board of Zoning Adjustments of city and shall transmit the fee to the city Finance Department . S . 2395 REPORT AND RECOMMENDATION OF OIL FIELD SUPERINTENDENT. Within ten 10 days after such application is filed, the Oil Field Superintendent, or his representative, shall investigate the matter and shall make a report and recommendation in writing to the Board of Zoning Adjustments . The Board shall consider such report and recommendation prior to taking action on the application. y S . V396 OIL BUSINESS S . 2396 ACTION BY BOARD. The Board of Zoning Adjustments shall have authority -to approve, conditionally approve or deny the application for permit . However, the Board shall not approve, or conditionally approve such application unless and until it finds all of the following: (a.) That the property on which such well is located is zoned for oil production at the time the application is made; or A conditional exception to permit oil production has been granted at the time such application is made . (b) That prior to the approval or conditional approval of such appli- cation, applicant has complied with and completed all applicable provisions of Article 968 of this code with respect to the prop- erty on which such well is located , notwithstanding the noncon- forming oil operation provisions contained therein . Applicant shall submit a plot plan to the Board, showing that the oil opera- tion and property comply with such applicable provisions of Article 968 of this code . (c) The applicant is not in violation of any provision of the Hunting- ton Beach Ordinance Code at the time said application is acted upon by the Board . S . 2397 TERMINATION OF APPLICATION. The application shall be deemed denied ninety 90 days after. the date of its filing. The Board may extend the period of time in which action may be taken on the application for one (1) additional ninety (90) day period . S . 2398 CONDITIONS . The Board of Zoning Adjustments may impose any conditions which it may deem necessary to insure compliance by the operator with the provisions of the Huntington Beach Ordinance Code . S • 2399 ISSUANCE OF PERMIT. When action has been taken by the Board upon the application, the Board shall transmit its findings, together with its approval, conditional approval or denial of such application to the Department of Oil Field Control, which shall issue a. permit in accordance therewith, or give notice to applicant of the denial of such permit . S . 2399. 1 Revocation of Permit . The Oil Field Superintendent shall revoke any permit for activation of idle well granted under this article when the Board of Zoning Adjustments, after notice and hearing as provided by this article, has found the following: ' (a) That the operator of said idle well is in violation of the Huntington Beach Ordinance Code (neither prosecution nor convic- tion is necessary to such finding) ; or (b) That the operator does not have, paid and in force, all licenses and/or permits for such well as required by this code; or (c) That the operator of said idle well has failed to comply with any of the conditions attached to the permit; or BUSINESS OIL S . 2399. 1 (d ) (d ) That the idle well has not commenced production within ninety (90) days following issuance of permit; or (e) That the well for which the permit was granted continues to be or becomes an idle well, as defined in Article 233 of this code . S . 2399.2 Hearing . No permit issued under this article shall be revoked without a. hearing being first held by the Board of Zoning Adjustments after ten (10) days written notice of such hearing to the operator of such well. S . 2399.3 Notice of Revocation . When the Board of Zoning Adjustments, after hearing as herein provided, determines that the permit shall be revoked pursuant to Section 2399. 1 of this code, the Oil Field Superintendent shall revoke such permit and give written notice of such revocation to the operator. S . 2399 •4 Effect of Revocation . Upon the service of notice of revoca- tion upon the operator, the operator shall clean and restore the drill site and surface thereof, as required by Section 2363 of this code, within ninety(90) days after such notice has been served . S . 2399 .5 Appeal. Any decision made under this article may be appea.lec to the City Council in accordance with the procedures set forth in Sections 2383 and 2-,84 of this code, in the same manner as if the decision appealed from were made by the Huntington Beach Oil_ Field Superintendent . S . 2399.6 Severa.bility. If any section, subdivision, sentence, clause. phrase, or portion of this article, or the application thereof to any person, is for any reason Yield to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its application to other persons . The City Council hereby declares that it would have adopted this article and each sub- section, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases or portions or the application thereof to any person be declared invalid or unconstitutional. S . 2399.7 Penalty. Any person convicted of a. violation of any pro- vision of this article shall be punishable by imprisonment in jail for a. period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both such fine and imprisonment. S . 23Q9.8 References . All references in this article to this code or a.r.y section of this code include future amendments thereto. TRAFFIC OPERATION S . 6171 . 1 SPEED LIMIT STREET LIMITS MPH Talbert Goldenwest to Newland . . . . . . . . . . . . . . . . . . . 40 Ward Yorktown to Garfield . . . . . . . . . . . . . . . . . . . . 45 Warner Pacific Coast Highway to Magnolia.. . . . . . . 45 Yorktown Beach to Ward . . . . . . . . . . . . . . . . . . . . . . . . 40 S . 6171.2 The prima. facie speed, set by the State of California, on streets hereinafter set forth is as follows : SPEED LIMIT STREET LIMITS MPH Beach North city limits to 320 feet south of Holland . . . . . . . . . . . . . . . . . . . . . . 45 320 feet south on Holland to 300 feet south on India.napolis . . . . . . . . 50 300 feet south on Indianapolis to Pacific Coast Highway. . . . . . . . . . . . . . 55 Pacific Coast Hwy . North city limits to 800 feet southon Wa.rner. . . . . . . . . . . . . . . . . . . . . 40 800 feet south on Warner to 6200 feet north on Goldenwest. . . . . . . . . . . . . . 55 6200 feet north on Goldenwest 150 feet south on Twentieth. . . . . . . . . . . 50 150 feet south on Twentieth to 160 feet south on Twelfth. . . . . . . . . . . . . 45 160 feet south on Twelfth to 800 feet north on Huntington. . . . . . . . . . 35 800 feet north on Huntington to 900 feet south on Beach. . . . . . . . . . . . . . . 45 900 feet south on Beach to south city limits . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PLANNING MISCELLANEOUS DISTRICTS _ S . 968o ARTICLE 968 COMBINING OIL DISTRICTS (4/70-1566) S . 968o INTENT AND PURPOSE S . 9681 DEFINITIONS S . 9682 GENERAL PROVISIONS S . 9683 CREATION OF COMBINING OIL DISTRICTS S . 9684 "0" COMBINING OIL DISTRICT S . 9685 "Ol" COMBINING OIL DISTRICT S . 9686 "02" COMBINING OIL DISTRICT s . 9687 ENFORCEMENT S . 968o INTENT AND PURPOSE. It is the purpose of this article to establish a, category of Combining Oil Districts a,nd sta.nda,rds for oil operations under which present a.nd future oil operations shall be permitted in the interests of the health, safety, welfare a,nd well- being of the public . It is the purpose of combining oil districts to make possible the simultaneous utiliza.tion of la.nd over producing oil fields for compatible development of normal commercial, residential, institutional a.nd industrial surface uses a,nd the extraction of hydro- carbon substances from the earth' s subsurfa.ce . This article is also a.dopted by the City Council because it finds the following: that oil well structures impa.ir the na,tura.l scenic beauty of this city; that the bea,utifica,tion of oil well sites witi.in the city operates to help provide a favorable environment for the development of commercial, residential, institutional a,nd industrial surface uses; that the city' s major natural resource is the ocea.n and the beaches, which have created a. significant recrea.tiona,l a.nd tourist industry which promises to grow larger a,nd more important in the future, a.nd that the bea,ut if ica.t ion of oil well sites within the city ti,;ill operate to help provide a, more favorable environment for the development of the recrea,tiona,l a.nd tourist industry; that such bea.utifica.tion will have a, significant economic impact upon the city generally a,nd will enhance the values of properties in a.nd near said oil fields, a.s well as within the city generally; that environmental bea.utifica.tion relates to a.nd will improve the health a.nd well-being of both .residents of a.nd visitors to the city. Based upon the above findings, it is the stated intent a,nd purpose of the Council in ena.cting this article to enhance a,nd improve the na,tura.l scenic beauty a,nd recrea.tiona,l resources of the city, thus providing a, favorable a,nd improved environment leading to the increase of property values within the city and the economic development of the tourist a.nd recrea,tiora,l industries in the city. i S . 9681 MISCELLANEOUS DISTRICT PLANNING S . 9681 DEFINITIONS . The following words and phrases, whenever used in this article, shall be construed as defined in this section . (a.) Combining Oil District - shall mean any district established by Division 9 of the Huntington Beach Ordinance Code combined with any oil district designated under this article . (b) Minimum Land Surface Area, - shall mean the minimum land surface area., including tidelands, which shall consist of contiguous acreage which supports not more than one ( 1) oil operation site, and with respect to which an oil operator or operators ha,s or have the right to extract oil, gas or other hydrocarbon substances from the subsurface of at least seventy-five percent (75%) of such minimum land a,rea., including tidelands . (c) Oil Operation - shall mean the use or maintenance of any insta.11a.- tion , facility or structure used , either directly or indirectly, to carry out or facilitate one or more of the following functions : drilling, redrilling, rework and repair, production, processing, extraction, assisted recovery, stimulation, storage or shipping of ,ail, ga,s or hydrocarbons from the subsurface of the earth. (d ) Oii Operation Site - shall mean the physical location where oil operation is conducted . (e) Processing - shall mean the use of oil operations for gauging, recycling compressor repressuring, injection, reinjection, dehydra.- tion, stimulation, separation ( including but not limited to separa- tion of liquids from gas) , shipping and transportation, and gathering of oil, ga.s, other hydrocarbon substances, water or any combination thereof . ( f) Rework or Repair - shall mea.n any work carried on within an exist- ing well, including recompletion in the same production zone . S . 9681 . 1 All other terms used in - this article shall be defined as found in Article 233 of the Huntington Beach Ordinance Code as it now exists or ma,y hereafter be amended . S . 9682 GENERAL PROVISIONS . The following requirements shall apply to all existing and future oil operations, whether located in a, combining oil district or not . S . 9682. 1 Plan Required . All proposed subdivisions, divisions of land or developments of property located within a combining oil district or located a,djac.ent to or on property on which oil operations exist, shall include a plan for the disposition or treatment of any existing or proposed future oil wells or oil operations located or to be located thereon . Failure to submit such a, plan shall be grounds for disapproval of the proposed subdivision, division of land or development . All such plans submitted shall include a, statement from the landowner or' developer and lessee or oil operator that they approve of the plan . No building shall receive final inspection for occupancy and no public improvements shall be accepted until the plan for disposition or treat- ment of oil operations has been carried out and approved by the appro- priate persons employed by the City of Huntington Beach. PLANNING MISCELLANEOUS DISTRICTS S . 9682.2 S . 9682.2 Oil Well Maintenance . Any person operating an oil well within the City of Huntington Beach shall keep the oil operation site on which said well is located. free from rubbish, debris, trash, or any other waste material, and shall keep all structures of any type whatsoever located on said operation site painted and maintained in a, clean, neat and sanitary condition . S . 9682 .3 Noises Prohibited . No oil operator shall operate any oil well or any other installation, facility or structure related to oil production in a. manner that would create a noise or vibration detrimental to the health, safety or welfare of the surround- ing neighborhood . S . 9682 .4 Odors Prohibited . No operator shall operate an oil well in such manner that allows it to emit odors that are, or will be, offensive to the surrounding neighborhood . S . 9682 .4. 1 Gas Emission or Burning Prohibited . No operator shall allow any gases to be vented into the atmosphere or to be burned by an open flame unless otherwise provided by law . 5 . . 9682 .4.2 Minimum Distance of Oil Operation Site. It shall be unlawful for any person to engage in any work whatsoever on an oil operation site, which work is conducted within three hundred (300) feet of a, dwelling unit, church, hospital, rest home, school, pre-school nursery, or other place of public assembly, except in the following situations : (a.) Where such work consists of minimum maintenance or surveillance on the oil operation site; or (b) Where such work is conducted between the hours of 7:00 A.M. and 9: 00 F.M. ; or (c) In case of emergency; or (d ) Where the work being so conducted is soundproofed and such sound- proofing is approved by the Oil Field Superintendent . S . 9682.5 All lights located on oil operation site shall be directed and shielded in such manner so that they do not shine directly on adjacent property or property in the general vicinity of the oil operation site . S . 9682 .6 Wall and Gates Required . The operator of an oil operation site shall construct a, minimum six (6) foot high decorative masonry wall with a gate for access entirely around said oil operation site, except that upon filing an application to the Commission for administrative action, the Commission may approve the use of substitute materials which, for safety reasons, shall be at least as secure as a. chain link fence . The Commission may condition such approval. S . 9682 .7 MISCELLANEOUS DISTRICTS PLANNING S . 9682 .7 Locked Gates Required . The gates to any oil operation site shall be locked with a. padlock at all times during which the oil operation site is unattended . S . 9682 .7 . 1 Access . There shall be no more than one point of access to any oil operation site for each street upon which said site may front unless an additional access point is approved by the Board of Zoning Adjustments upon application for administrative review . S . 9682 .7.2 Those oil operators complying with Sections 9682 .6 and 9682 .7 need not comply with Section 2373 of the Huntington Beach Ordinance Code, and Sections 9682 .7 and 9682 .7 . 1 shall prevail over Section 2373 where all three sections may be applicable . S . 9682 .8 Landscaping Required . All front setbacks and exterior side yard setbacks or areas which are created by the placement of the wall required by Section 9682 .6 shall be landscaped and permanently maintained . All landscaping provided pursuant to Section 9682 .8 shall be approved by the Board of Zoning Adjustments . S . 9682 .8 . 1 Automatic Sprinklers Provided . All landscaping installed on any oil operation site shall be maintained by an automatic sprinkler system or other adequate irrigation system as approved by the Board of Zoning Adjustments upon application for administrative review . S . 9682 .9 Buried Pipelines . No person or persons shall lay or maintain any pipeline whatsoever leading from any opera- tion site that is not entirely buried beneath the ground surface . S . 9682 . 10 Use of Power Motors . All power motors used for oil operations shall be located on the oil operation site when in operation, . and muffled in conformance with Section 2375 of the Huntington Beach Ordinance Code . S . 9683 CREATION OF COMBINING OIL DISTRICTS . Oil districts created under Sections 9684 and 9EU5 may be combined with other districts established by the provisions of Division 9 of the Huntington Beach Ordinance Code, in which case the requirements set out in the provisions of all districts so combined shall be appli- cable . S . 9684 "0" COMBINING OIL DISTRICTS . There is hereby established the 0 District . The following uses, and none other, are allowed in the "0" District: (a) Any use allowed in the Combining Oil District; and (b) Any oil operation, as defined herein, except drilling, redrilling or f ire. flooding . PLANNING MISCELLANEOUS DISTRICTS S . 9684. 1 S . 9684.1 Portable Equipment Required . No person or persons shall use or cause to be used any equipment in an "0" District for the uses enumerated in Section 9684 except portable equipment, or such other equipment as ma,y be approved by the Department of Oil Field Control . No person or persons using such equipment, or causing such equipment to be so used , shall maintain or store said equipment in the "0" District upon completion of the work for which said equipment was used . S . 9685 "Ol" COMBINING OIL DISTRICT. There is hereby established the O1 District . All uses allowed in the "0" District are allowed in the "Ol" District provided an initial use permit is first obtained from the Board of Zoning Adjustments, pursuant to Article 981 of this code . All subsequent uses of like kind shall be included in such initial use permit . All uses not allowed in the "0" District are not allowed in the "Ol" District, with the exception of drilling and redrilling. S . 9685 .1 Maximum Oil Operation Site . No- person or persons shall establish or cause to be established an oil operation site more than three (3) acres in size in an "Ol" District . S . 9685 .2 Drilling Allowed on Oil Operation Site Only. No person or persons shall drill or cause to be drilled any oil well except on an oil operation site . S . 9685 .3 Minimum Land Surface Area. for Each Oil Operation Site. No person or persons shall establish or cause to be established in the "01" District more than one ( 1) oil operation site for any minimum land surface area., as defined in this code . S . 9685 .+ Acreage Requirement . The minimum land surface area for any oil operation site in the "Ol" District shall consist of no less than twenty-five (25) contiguous acres . S . 9686 "02" COMBINING OIL DISTRICT. There is hereby established the 02 District. All uses permitted in the "Ol" District are allowed in the "02" District provided an initial use permit is first obtained from the Board of Zoning Adjustments, pursuant to Article 981 of this code . All subsequent uses of like kind shall be included in such initial use permit . All uses not allowed in the "Ol" District are not allowed in tt,.e "02" District . S . 9686. 1 Restricted Areas . The "02" District shall be combined only with the Ml or M2 districts . S . 9686 .2 Minimum Land Surface Area. for Each Oil Operation Site . No person or persons shall establish or maintain, or cause to be established or maintained more than one (1) oil operation site in the "02" District for any minimum land surface area., including tidelands, as defined in this code . S . 9686.3 Drilling Allowed on Drilling Operation Site Only. No per- son or persons shall cause to be drilled any oil well except on an oil operation site . S . 9686 .4 MISCELLANEOUS DISTRICTS PLANNING S . 9686 .4 Acreage Requirement . The minimum land surface area for any oil operation site in the "02" District shall consist of not less than forty (40) contiguous acres . S . 9687 ENFORCEMENT . The Oil Field Superintendent of the City of Huntington Beach and his representatives and persons whom he may otherwise designate, shall have the authority to enforce this Article 968, in addition to the authority granted to him under Chapter 23 of the Huntington Beach Ordinance Code . S . 9687 . 1 Appeals . Any decision or determination made by the Oil Field Superintendent or the Director of Building and Safety under the provisions of this article may be appealed to the Board of Zoning Adjustments within ten (10) days after such decision or deter- mination . PLANNING GENERAL PROVISIONS S . 9700 (f) (f) Family: A family is defined as a person or collective body of persons, excluding servants, related by blood, marriage or legal adoption living together in a. dwelling unit . Family is also defined as a. group of five (5) persons or less, excluding servants, who need not be related by blood , marriage or legal adoption living together in a. dwelling unit . In no case shall the number of un- related persons combined with related persons exceed five . (495, 556, 596, 1103) (g) Garage, Private . An accessory to, or a. portion of a main building, used or designed for use only for the shelter and/or storage of passenger vehicles, or trucks of not more than one ton rated ca.pa,c- ity, owned or operated by occupants of the main building and also means usable space and convenient ingress and egress thereto. (495, 556) Gross Acreage: The area, computed by including a.11 property within property lines of a. proposed development, except when such property lines abut a street in which case such area, shall be computed from the centerline of such street . ( 1563-3/70) (h) Hotel: A building or portion thereof, containing six (6) or more guest rooms designed , arranged , intended, or used for occupancy as the more or less temporary abiding place of individuals lodged with or without meals, and in which no provision is made for cook- ing in any individual guest room or suite whether compensation be paid directly or indirectly in money, goods, labor, or otherwise, but jails, prisons, hospitals, asylums, sa,nita.riums, orphanCD detention homes or similar institutions shall not be classified as hotels . (495, 556) (j ) Junk Yard : A junk yard shall mean the use of any lot or any por- tion of a lot for the storage. or keeping of junk, including scrap metal or other scrap materials . Said yard ma.y include all uses permitted in a motor vehicle dismantling or wrecking yard . ( 1241) (1) Landscaping: Landscaping shall include the planting and continued maintenance of vegetation . Said vegetation sha.11 be limited to: Ferns, flowers , grasses, mosses, shrubs, trees and vines . (1261) Lot: A parcel of real property shown on a, ma,p recorded in the office of the County Recorder of either Los Angeles County or Orange County, California, designated cn such ma.p by a, separate number or other character which applies only to the oa.rcel so marked , or any area, of land under one ownership abutting upon at least one street, alley or recorded easement . (m) Motel: A building or group of buildings designed for the a,ccomo- da,tion of transient automobile travelers in sleeping units which have a. direct outside entrance and conveniently located parking spaces on the same lot . Said sleeping units ma,y have .kitchens or kitchenettes up to a. maximum of twenty-five (25) per cent of the total number of sleeping units . ( 1366) S . 9700 (n) GENERAL PROVISIONS PLANNING Motor Vehicle Dismantling or Wrecking Yard : A motor vehicle dis- mantling or wrecking yard shall mean the use of any lot or any portion of a lot for dismantling, disassembly, or demolishing motor vehicles . This definition shall not be construed to allow storage of impounding of motor vehicles nor as a yard for the storage of scrap metals, scrap materials or junk. Motor Vehicle Storage Yard : A motor vehicle storage yard shall mean the use of any lot or any portion of a lot for the storage or impounding of motor vehicles . This definition shall not. be construed to include dismantling, wrecking, repair or alteration of any vehicle . fin) Nonconforming Building: Any building or structure or portion thereof which does not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective . (495, 556, 4/70-1566) Nonconforming Lot or Parcel: Any lot or parcel whose area, width or other dimensions do not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective . (4/70-1566) Nonconforming Use: Any use of land, buildings, structures or por- tions thereof which does not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective . (495, 556, 4/70-1566) ;o) Open or Public Land : Shall include parks dedicated or proposed to be dedicated for public use, school sites, areas set aside fore school sites, easements or rights of way for electrical trans- mission lines, or areas set aside for water uses or flood control channels . ( 1563-3/70) (p) Parallel Parking: Parking which is immediately adjacent to and parallel to the edge of a private or public roadway or driveway. (1563-3/70) Planned Residential Development: A land development designed and developed as a unit for individual ownership of dwelling units or sites or air space rights in the area occupied by said dwelling units, with normal accessory residential uses, and permanently maintained common property with each resident having an undivided interest in the common area for use as parks, waterways, golf courses, or other recreation areas that are integrated with the dwelling units for the sole enjoyment of residents within the devel- ment . (1563-3/70) (s) Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attach,, . ment to the ground or attachment to something having a fixed location on the ground . (495, 556) PLANNING GENERAL PROVISIONS S . 9700 (t) (t) Trailer Court: Any area of land, improved, or unimproved, which is designed to accommodate two or more trailers, house trailers, moveable dwellings, tents, sleeping quarters, or outfits, or which is used, let, or held out for rent to campers, tenants, or guests furnishing their own equipment and paying directly for said space or indirectly through trade or la-bor. This definitions shall also apply to "Trailer Park, " "Trailer Camp;" and to similar uses known by various designations . (495, 556) (u) Uses : The purpose for which land or a building or structure is7 .designed, arranged, or intended .or for which it is -or in the future may be occupied or maintained . (495, 556) (w) Waterfront Lot : shall mean any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (1469) (y) Yard : An open space on a lot on which a building is situated and, except as otherwise provided in applicable provisions of Division 9, is unoccupied or unobstructed with buildings , structures , or portions thereof from the ground to the sky; and when a yard dimension is given it represents the minimum horizon- tal distance must be measured and a line parallel to said lot line . (495, 556) 1. Front Yard: A yard across the full width of the lot and extending from the front lot line to a line parallel thereto which passes through the nearest portion of the main building which is closest to said front lot line , excepting those pro- jections of a main building permitted in a front yard by Sections 9771, 9772 and 9772.1 . (495, 556) 2. Rear Yard: A yard extending across the full width of the lot and measured between the rear lot line of the lot and the nearest rear portion of the main building which is closest to said rear lot line , excepting as provided in Sections 9771, 9772 and 9772.1 . (495, 556) 3. Side Yard : A yard on each side of the building and extending from the front yard to the rear yard of said lot, and located between the side lot line and the main buildings ; the measured distance of which yard shall represent the shortest distance between the side line of the lot and that portion of the main building nearest said side line from which the measurement is taken, except as provided in Sections 9771, 9772 and. 9772.1. (495, 556) PLANNING GENERAL PROVISIONS S . 9710 ARTICLE 971 NONCONFORMING BUILDINGS , USES S . 9710 USES OF LAND: CHANGING TO CONFORMING USES. A nonconforming use of any land may be continued or changed to a conforming use or to a use of a more restricted classification. (495) S . 9710. 2 Nonconforming Storage, Dismantling, Wrecking and Junk Yards . All nonconforming storage, dismantling, wrecking, and junk yards shall be completely removed within six (6) months after the time this Section takes effect or when such use becomes nonconforming. (1241) S . 9710.3 Nonconforming Oil Operations . Nonconforming oil o era.tions existing prior to the effective date of Article 96 , must be made to conform as follows : (1303, 4/70-1566) S . 9710.3.1 Existing uses not conforming with Sections 9682.6, 9682. 8, 9682 .8. 1, and ' 9682 . 9 shall be made to conform within five (5) years from the effective date of Article 968, except that the Board of Zoning Adjustments, upon application for administrative review filed by the oil operator, may extend the time for a. period not to exceed one (1) year upon approval of such application. The Department of Oil Field Control shall submit a, written report and recommendation to the Board prior to the Board ' s action upon such application. No approval shall be given unless the Board finds that the extension of time for conformance of the oil operation site with any one or more of said sections shall not cause the oil operation site to be incompatible with the surrounding area. for the period of such extension . Such application may be conditionally approved and the time for conformance may be extended for additional one ( 1) year periods provided request for each such extension is received before the termination of the preceding one (1) year period . Each such extension may be conditional. S . 9710.3.1. 1 Existing uses not conforming with Sections 9682 .6, 9682.8, 9682 .8 . 1, and 9682 .9 shall be made to conform within five (5) years from the effective date of Article 968 except that the Board of Zoning Adjustments, upon application for a use permit filed by the oil operator, may extend the period for conformance of any one or more of said sections for a period of two (2) or more years upon finding that such extension of time with respect to any one or more of such. sections shall not make the oil operation site incompatible with the surrounding area for the period of such extension . The Board. may con- dition such use permit . S . 9710.3 .2 Existing uses not conforming with all other provisions of Article 968 except Section 9682. 1 shall be made to conform within ninety (90) days from the effective date of Article 968. S . 9710.3 . 3 Any nonconforming use failing to comply at the termina- tion of the designated amortization period is hereby declared and deemed to be a. public nuisance and may be abated as such by appropriate civil or criminal action . S . 971o.4 GENERAL PROVISIONS PLANNING S . 9710.4 Nonconforming Temporary Agricultural Roadside Stands . All nonconforming temporary agricultural stands shall be com- pletely removed at the time this Section takes effect or shall be made to conform to Section 9730. 25. (1335) S . 9711 EXTENDING OF USE OF LOT. A nonconforming use which is not housed in a building or structure , a lot or portion thereof shall not be enlarged or extended to any other portion of the lot or any other lot not actually so occupied at the time such use became nonconforming as a result of the adoption of Ordinance No. 495 . (495) S . 9711 . 1 Abatement of Nonconforming Use. The nonconforming use of land for the storage of outdoor portable sanitation facil- ities , such as : privys , outhouses and other similar out-buildings shall be abated within six (6) months from the effective date of this ordin- ance . (1301) S . 9712 RESUMING OF NONCONFORMING USE. No nonconforming use shall be resumed, re-established, or reopened after it has abandoned, discontinued or changed to a conforming use . S . 9712. 1 Time Constituting. Abandonment. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to .be operated or to exist as a nonconforming use for a period of six (6) months . (495) S . 9712. 2 Destruction of a Nonconforming Use . If any nonconforming use or nonconforming structure is destroyed by fire, explo- sion, act of God or act of the public enemy to an extent of -fifty (50) per cent of the value thereof, then said use or structure shall be subject to all provisions of the District in which it is located. Value of the use or structure destroyed shall be determined by official records of the Orange Coun-ty Assessor 's Office for the fiscal year during which said destruction occured. (1105) S . 9713 NONCONFORMING BUILDINGS : CONTINUING, AMELIORATING, CONFORMING. A nonconforming building may continue to be maintained or may be changed to a building of a more restricted classification, or to a conforming building. (495) S . 9714 BUILDING VACANT ON EFFECTIVE DATE. A nonconforming building or portion thereof which was specifically designed (or, beyond a reasonable doubt, intended by the nature of its arrangement and construction) to be occupies or used in a way which would be non- conforming under applicable provisions of Division 9; but was not so occupied at the time Ordinance No, 495 became effective, may be occupied or used for the purpose for which it was designed, arranged or intended, provided such building is so used within one (1) year after the effec- tive date of Ordinance No. 495; otherwise the use of such building shall conform to the applicable provisions of Division ,9. (495) PLANNING GENERAL PROVISIONS S . 9715 S . 9715 REPAIRS , ALTERATIONS. Repairs or interior alterations which do not enlarge or increase the height of a nonconforming building may be made . (495) S . 9716 NONCONFORMING ADDITIONS , EXTERIOR ALTERATIONS . No noncon- forming building or structure shall be added to .or enlarged or altered on the exterior in any manner unless such building and its additions and enlargements are made to conform in every respect with all of the applicable provisions of Division 9, or unless the Council by resolution permits exterior alterations , enlargement, or additions only for the following reasons and under the following conditions : S . 9716 . 1 Added Safety, Beauty, Harmony. That, in the opinion of the Council, said revision is necessary to secure added safety or reduce the fire hazard and/or to secure aesthetic advantage through alignment , architecture , or closer conformity to surrounding permissive buildings in the immediate neighborhood. (495) S . 9716 . 2 Height . That said revision or addition shall not increase the number of stories . (495) S . 9716 .3 Floor Area . That regardless of any or all alterations , enlargements , or additions , the floor area shall not be increased over ten per cent (10%) of the total floor area such building contained at the time Ordinance No. 495 became effective . (495) S � 9716 .4 Plans , Specifications . That a set of plans and specifications covering the proposed construction, alteration, or addition shall have been submitted to the Commission for recommendation and then to the Council for approval as to location, design, color, and general architect.ur.e ; and any work represented thereby shall be done in accordance with said approved plans and specifications ; and no permit for such work shall be issued until said plans have been so approved. (495) S 971 EXTENDING OF EXISTING USE WITHIN BUILDING. A nonconforming �� use occupying either a conforming building , or nonconforming building , structure or portion of either thereof shall not be extended to any portion of the building or structure not so occupied at the time said use became nonconforming as a result of the adoption of Ordinance No, 495 (495) S , 9718 MOVING OF NONCONFORMING BUILDING. No nonconforming building or building used for a nonconforming use shall be moved unless by so doing the building and its use would be made to conform to the applicable provisions of Division 9. (495) S , 9719 ALTERATION OF BUILDING HAVING INADEQUATE YARD. Existing m� buildings which are nonconforming only because of violations of the yard requirements hereof, may be altered or enlarged, provided said alterations and enlargements conform to the applicable provisions of Division 9. (495) ♦ X FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 5/6/70) PLEASE REMOVE FROM CODE PLEASE ADD. TO CODE Divisions-Chapters Divisions-Chapters Divisions-Chapters Divisions-Chapters Chapters-Articles Chapters-Articles -- S. 3601 _- S. 3605 (f) S. 9763.4.3 (a) S. 9163.4.3 (a) S. 9850 S. 9650 .CONTENTS DIVISIONS - CHAPTERS CHAPTERS GENERAL PROVISIONS S. 0011 - General S . 9921 - Effect of Code S . 0031 - Construction S. 0041 - Enforcement S . 0051 - Notices DIVISION 1 - GOVERNMENT Chapter 10 - General 12 - Officers 13 - Departments 14 - Salaries 16 - Fiscal Matters 17 - Taxes 18 - Personnel System DIVISION 2 - BUSINESS Chapter 21 - Business License 22 - Certificate of Public Need and Necessity 23 . - Oil 24 - Dance Halls 25 - Motion Picture Theaters 26 - Pawn Brokers , Junk Dealers & Secondhand Dealers 27 - Bath Houses & Massage Parlors 28 - Amusement & Entertainment Premises - Restaurants 29 - Community Antenna Television DIVISION 3 - HEALTH Chapter 31 - Sanitation 32 - Refuse Disposal 33 - Food 34 - Water Department 35 - Sanitation Department 36 - Miscellaneous DIVISION 4 - SAFETY Chapter 40 - General 41 - Fire 42 - Animals 43 - Defense Disaster CONTENTS DIVISIONS - CHAPTERS DIVISION 5 - WELFARE Chapter 51 - Library 52 - Recreation and Parks 53 - Morals 54 - Minors 55 - Nuisances DIVISION 6 - TRAFFIC Chapter 60 - General 61 - Operation 62 - Stops and Yields 63 - Parking 65 - Parking Meters 66 - Loading Zones 67 - Bicycles 68 - Cabs 69 - Self Propelled Wheelchairs or Invalid Tricycles on Sidewalks DIVISION 7 - PUBLIC PLACES Chapter 70 - General 71 - Streets 72 - Street Work 73 - Sidewalks 74 - Benches 75 - Beach and Pier 76 - Harbors 77 - Parks 78 - Public Buildings 79 - Parades DIVISION 8 - BUILDING Chapter 81 - Building 82 - Electrical Ordinance 83 - Heating and Comfort Cooling 84 - Plumbing DIVISION 9 - PLANNING Chapter 90 - Planning Commission and Districting Plan 91 - Low Density Residential Districts 92 - High Density Residential Districts 94 - Commercial Districts 95 - Industrial Districts 96 - Miscellaneous Districts 97 - General Provisions 98 - Administration 99 - City Subdivision Ordinance I CONTENTS CHAPTERS - ARTICLES DIVISION 3 - HEALTH CHAPTER 31 - SANITATION Article 311 . Trash 312. -Flies 313 . Dust & Industrial Waste 314. Waste Water CHAPTER 32 - REFUSE DISPOSAL Article 321 . General 322. Garbage Cans 323 . Trash Cans 324. Removal of Refuse 325 . Certificate of Public Need & Necessity CHAPTER 33 - FOOD Article 331. Food Establishments 332. Lunch Wagons CHAPTER 34 - WATER DEPARTMENT Article 341. Creation of Water Department 342. Service Connections 343 . Fees , Rates and Deposits 344. Regulations Applying to Use of Water 345 . Extension of. Water Mains CHAPTER 35 - SANITATION DEPARTMENT Article 351. Creation of Sanitation Department 352. Sewer Connections 353 . Fees and Deposits 354. Extension of Sewer Mains CHAPTER 36 - MISCELLANEOUS Article 360. Mobile X-Ray Units HEALTH DIVISION 3 DIVISION 3 HEALTH CHAPTER 31. SANITATION 32 . REFUSE. DISPOSAL 33 . FOOD 34 . WATER DEPARTMENT 35 . SANITATION DEPARTMENT 36 . MISCELLANEOUS HEALTH MISCELLANEOUS S . 3601 CHAPTER 36 MISCELLANEOUS ARTICLE 360 MOBILE X-RAY UNITS 15 9- 70 S . 3601, DEFINITIONS . Mobile X-ray Unit means any X-ray generator which is, or can be used for the purpose of making medical diagnostic photoflurogrphic 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. Mobile X-ray Operator means any person or other entity, who owns or legally possesses, or operates a mobile X-ray unit . S . 3602 SCQPE. All mobile X-ray units shall comply with the require- ments of the Radiation Control Law, Division 20, Chapter 1(.6., California Health and Safety Code, together with regulations enacted pur- suant thereto. S . 3603 . INVESTIGATION. Any person or entity desiring to operate a mobile X-ray unit within the City of Huntington Beach shall make application to the County Health Officer on forms prescribed by him for issuance of a license . The County Health Officer shall cause to be conducted an investigation of said applicant for a license to determine, among other things, the following items of information: (a.) That said unit has a valid state registration as provided by Division 20, Chapter 7 .6, California Health and Safety Code . (b) That said 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) That the proper public notices, as required by state law, regulations enacted pursuant thereto, and local ordinances, 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 provided . (e) The applicant and his specified personnel are qualified by reason of training and experience to operate a mobile X-ray unit in such a manner as to provide reasonable assurance of protection to health, life and property. (f) The applicant ' s equipment, facilities, proposed uses and procedures are such as to provide reasonable assurance of protection to health, life and property. (g) Such other information as shall be required by the County Health Officer. S . 36o4 MISCELLANEOUS HEALTH S . 36o4 LICENSE. 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 compliance 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 operations of mobile X-ray equipment have been certified by the County Health Officer to operate same. Licenses may be granted at any time during the year, but all licenses shall expire at the end of the calendar year. 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. S . 3605 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 (15) years ia:.to be X-rayed unless _:such person has had a positive tuberculin skin test and pre- sents a written statement, signed by a licensed practitioner of the healing arts, showing the method 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 (15) 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 practitioner of thehealing_ 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 ander fifteen (15) years of age, whether the person has had a positive tuberculin skin test, and the date of such test. (d) All X-ray films shall be retained by the operator for at least ten (10) years . Each patient shall receive from the mobile X-ray operator a report 60 his X-ray findings within thirty (30) days. Every thirty (30) days, the operator shall- submit to the Health Officer a report of the total number of X-ray films taken during the preceding calendar month. (e) The mobile X-ray operator shall make X-ray films available for use by the physician of the person X-rayed, provided said person gives his consent in writing. The operator may make a reasonable charge for such service . HEALTH MISCELLANEOUS S . 3605 C (f) A sign shall be posted in a. prominent location on the mobile X-ray unit stating essentially the following: "A chest X-ray film is a, useful aid to the physician in diagnosing chest disease . It is not a complete examination. See your family doctor for an examination .at least once a year. " The County Health Officer shall have the right to determine the location, size, and wording of all required signs . (g) The mobile X-ray operator shall give the County Health Officer notice at least fourteen (14) calendar days in advance concerning proposed dates, times, and places of use of the unit . All such information will be forwarded by the County Health Officer to the City of Huntington Beach. (h) The name and address .of the mobile X-ray operator shall be plainly printed on each side of the exterior of the vehicle or trailer in letters at least three (3) inches high. The name and add.ress of the mobile X-ray operator - shall appear on all forms, letters, pam- phlets or other printed matter used in conjunction with the unit. Neither sign nor printed matter shall contain any statements expressed or implied that the mobile X-ray unit is associated with any health department or other public or private health agency. ( i) The mobile X-ray operation shall comply with all applicable city ordinances and resolutions while operating within the City of Huntington Beach. S . 36o6 SEVERABILITY. If any section, subsection, sentence, clause, phrase or . portion of this article, or any future amendments or add.itions thereto, is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article, or any future amendments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, _irre- spective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or add.itions thereto be declared invalid or unconstitutional. PLANNING GENERAL PROVISIONS S . 9763 .4.3 (a) (a) That such alteration, removal or replacement within the time specified in Section 9763 .4 will result in a substantial economic hardship, or that the applicant will suffer great financial loss thereby; (b) That the sign will not adversely affect other lawfully erected signs in the same area ; (c) That the sign will not be detrimental to the property located in the vicinity of the property on which said sign is located; (d) That the sign will be in keeping with the character of the surround- ing neighborhood; and (e) That the sign shall not obstruct pedestrian or other vehicular traffic vision. S . 9763 .4.4 Variances . Any person filing an application for a permit for a sign under this code may simultaneously, with the making of such application, make application for a variance from strict compliance with the terms of this code. Such application shall be made to the Board of Zoning Adjustments , shall be considered by the Board of Zoning Adjustments , and no such application for a variance may be granted unless the Board of Zoning Adjustments finds and determines the following: (a) That strict compliance with the terms of this code will result in a substantial economic hardship to the applicant or that the applicant will suffer great financial loss thereby; and (b) That the sign will not adversely affect other lawfully erected signs in the same area; and (c) That the sign variance applied for will not be detrimental to the property located in the vicinity of the property on which said sign is located; and (d) That the sign will be in keeping with the character of the sur- rounding neighborhood ; and (e) That the sign shall not obstruct pedestrian or other vehicular traffic vision. S . 9763.5 Signs on Nonconforming Property. Signs , sign structures or advertising devices which are located on property, the use of which is nonconforming to the district in which said property is located, shall conform to those sign requirements imposed by the district in which said property is located or the sign requirements of the dis- trict where such property use would otherwise be permitted, whichever district has the most restrictive requirements . I S . 9764 GENERAL PROVISIONS PLANNING S . 9764 PERMITTED SIGNS. DISTRICT REGULATIONS. S . 9764. 1 Residential Districts . No person, or persons , shall hang, suspend, display, erect, construct, use or maintain any .sign, sign structure or advertising device within a residential district other than an R5 .district except the following: S . 9764. 1. 1 Identification- Signs on Residential Developments . Signs may be affixed to a masonry wall at the entrance street, or streets , to a residential tract, identifying the name of such resi- dential tract, identifying the name of such residential development. S . 9764. 1. 2 Identification Signs on Apartment Buildings . One (1) sign only may be affixed to either the wall of an apart- ment building or to a masonry wall in front of an apartment building provided that such sign only identifies the name of the apartment building. S . 9764. 1.3 Identification Signs on Mobile Home Parks . One (1) sign only may be affixed to the masonry wall in front of mobile home parks identifying the name of such park. S . 9764. 1.4 Height and Projection. All signs so erected under the requirements of Sections 9764. 1. 1, 9764. 1. 2, and 9764. 1.3 shall consist of raised letters not more than eighteen (18) inches in height affixed parallel to said wall or building and shall not project more than three (3) inches from said wall or building, nor shall they project above the wall or above the eaves of a building. S . 9764. 1. 5 Real Estate Signs may be erected provided they .comply with all other provisions of this article applicable to such signs . S . 9764. 1.6 Temporary Directional Signs may be erected provided they comply with all other provisions of this article appli- cable to such signs . S . 9764. 2 Permitted Signs in Office-Professional and Cl Districts . No person, or persons , shall hang, suspend, display, erect, construct, use or maintain any sign, sign structure or advertising device within an office-professional or Cl district except the following types of signs : canopy, combination, freestanding, identification, .pole, projecting, temporary .or wall. S . -9764. 2. 1 Signs Within the Setback. Signs , sign structures or advertising devices permitted under Section 9764. 2, located within the front or exterior side yard, shall be limited to one (1) freestanding or combination sign for each abutting street, with an area not to exceed one (1) square foot for each foot of street frontage. PLANNING ADMINISTRATION S . 9850 ARTICLE 985 DESIGN REVIEW BOARD S . 9850 DESIGN REVIEW BOARD ESTABLISHED. There is hereby created a, Design Review Board for the City of Huntington Beach referred to in this article as "Board . " S . 9850.1 Definitions . "Civic facilities" means any structure, facil- ity, landscaping or architecture planned to be placed, altered or constructed on land owned by or leased by or to the City of Huntington Beach, or any land or building leased or subleased by or to the City of Huntington Beach. "Civic district structure" means any structure, facility, landscaping or architecture planned to be placed, altered or constructed on land, or buildings located on private property within a, �iV�1-�3 18 ict . S . 9851 DESIGN REVIEW BOARD OBJECTIVES . The objectives of this Board shall be to encourage, insure and maintain the harmo- nious, orderly, attractive and aesthetic development of civic facilities and civic district structures . ( 1571-4/70) S . 9851. 1 Appointment of Members . The Board shall be composed of five 5 members appointed by and responsible to the City Council. The membership shall consist of at least one (1) licensed architect, or a, person with architectural background and experience, and one (1) landscape architect, or a, person with landscape architectural background and experience . All members appointed shall be residents of the City of Huntington Beach. (1525) S . 9851.2 Terms of Office and Compensation . The terms of office of Board members shall be as follows: Three (3) members shall be appointed initially for a. four (4) year term, and two (2) members shall be appointed initially for a two (2) year term except that after the expiration of these initial terms, all Board members shall be appointed for four (4) year terms . S . 9851.3 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 . S . 9851.4 Secretary. The Planning Director, or a, person so designated by the Planning Director, shall serve as secretary to the Design Review Board without the power to vote . a S . 9851.5 ADMINISTRATION PLANNING S . 9851.5 Advisers 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 . S . 9852 DESIGN REVIEW BY APPLICATION. Before a permit can be issued under Division 8 or 9 of this code, any person planning the alteration or construction of civic facilities or civic district struc- tures must first submit to the Planning Director an application for review of design. The Planning Director or such persons designated by him, must, thereafter within a, reasonable time, submit said application to the Board for consideration . The Board shall recommend to the City Council either approval, conditional approval or denial of any design or plan for civic facilities, and shall recommend to the Planning Commis- sion either approval, conditional approval, or denial of any design or plan for civic district structures . The decision of the Planning Commis- sion may be appealed to the City Council, as provided in .Article 988 of this Code . ( 1571-4/70) S . 9852 . 1 Form and Content of Applications for Design Review . The Board shall designate and adopt the form and content of applications for design review, subject to approval by the City Council. S . 9853 DUTIES OF THE DESIGN REVIEW BOARD. The Board shall review the design of or plans for civic facilities and civic dis- trict structures submitted to it, in the manner provided in this article, by using the following criteria: (a) The proposed development and architectural features must integrate harmoniously into the character and design of both -the immediate neighborhood and existing or approved civic facilities or civic district structures . (b) The design must stabilize and protect property values from substan-. t ial depreciation . (c) The design must enhance the desirability and enjoyment of the immediate neighborhood . (d ) The design must improve community appearances by preventing extremes of dissimilarity or monotony in new construction or alterations of facilities . (e) The design must tend to upgrade property in the civic district and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, morals and welfare . (1571-4/70) i FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 4ji6/'70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Divisions-Chapters Divisions-Chapters Chapters-Articles Chapters-Articles Chapters-Articles Chapters-Articles S . 1241 S . 1241 S S . 1252 Chapters-Articles (Div . 9) Chaptersy-Articles (Dig . :) S . 1.001 S . "001 -- S . 9020 Article y10 Article 910 S . 9101 .3 .4 S . 9101.3 .5 s .gg 16o - s . 9160 S . ca61. 3.4 . i S . )161+;3 5 . , Article 920 Articlet)20 S. )20i.3. 3 S . 9201 .3 ,4 S . )310 -_ S . 9312.11 -- S . y-j12. i0 S. r,10 S . 9510 S . 951.1 (G) S. 9511 (G) S. 95.30 S . 9530 S . CJ550 S . 9550 Art i.cl.e �)60 Article y60 s . °)66o s. 9650 renumbered) -- S . 9660 new article) s. 9670 S . 9700 (f) S . 9700 M S . 9730. i8 S . M0. 18 s . 984o s . 984o -- s . 9842 -� s. 9845 s. CONTENTS DIVISIONS - CHAPTERS DIVISION 6 - TRAFFIC Chapter 60 - General 61 - Operation 62 - Stops and Yields 63 - Parking 65 - Parking Meters 66 - Loading Zones 67 - Bicycles 68 - Cabs 69 - Self Propelled .Wheelchairs or Invalid Tricycles on Sidewalks DIVISION 7 - PUBLIC PLACES Chapter 70 - General 71 - Streets 72 - Street Work 73 - Sidewalks 74 - Benches 75 - Beach and Pier 76 - Harbors 77 - Parks 78 - Public Buildings 79 - Parades DIVISION 8 - BUILDING Chapter 81 - Building 82 - Electrical Ordinance 83 - Heating and Comfort Cooling 84 - Plumbing DIVISION 9 - PLANNING Chapter 90 - Planning Commission and Districting Plan 91 - Low Density Residential Districts 92. - High Density Residential Districts 93 - Special Developments 94 - Commercial Districts 95 - Industrial Districts 96 - Miscellaneous Districts 97 - General Provisions 98 - Administration 99 - City Subdivision Ordinance CONTENTS CHAPTERS -ARTICLES DIVISION 9 - PLANNING CHAPTER 90 - PLANNING COMMISSION AND DISTRICTING PLAN Article 900. City Planning Commission 901. Purpose and Effect of Districting 902. Enforcement 905 . Establishment of Districts 906 . Districting Maps CHAPTER 91 - LOW DENSITY RESIDENTIAL DISTRICTS Article 910. Rl District - Single Family Residence District 913 . Rl-PD5 District - Single Family Planned Development 916. R2 District - Two Family Residence District CHAPTER 92 - HIGH DENSITY RESIDENTIAL DISTRICT Article 920. R3 District - Limited Multiple Family Residence District 923. R4 District - Multiple Family Residence District 925 . R5 District - Office-Professional CHAPTER 93 - SPECIAL DEVELOPMENTS Article 931. Planned Residential Development CHAPTER 94 - COMMERCIAL DISTRICTS Article 941. Cl District - Neighborhood Commercial 943 . C2 District - Community Business 945 . C3 District - General Business 947 . C4 District - Highway Commercial CONTENTS CHAPTERS-ARTICLES CHAPTER 95 - INDUSTRIAL DISTRICTS Article 951. MI-A District - Restricted Manufacturing 953 . M1 District - Light Industrial 955 . M2 District - Industrial CHAPTER 96 - MISCELLANEOUS DISTRICTS Article 960. RA District - Residential Agricultural District 961. Al District - Agricultural 962. SP-1 District - Special Zone (Cemeteries) 965 . Sl District - Shoreline 966. Community Facilities District 967. Civic District Suffix 968. 0 District - Combining Oil CHAPTER 97 - GENERAL PROVISIONS Article 970. Definitions 971. Non-conforming Uses and Buildings 973 . Miscellaneous 974 . Park & Recreational Facilities 975. Undergrounding of Utilities 976 . Sign Code 977 . Yards 978 . Setback 979 . Off-Street Parking CHAPTER 98 - ADMINISTRATION Article 980. General 981 ." Board of Zoning Adjustments 982. Amendments 983 . Conditional Exceptions 984 . Use Permits 985. Design Review Board 986 . Petitions 987 . Hearings 988 . Appeal 989. Site Plan ;CHAPTER 99 - CITY SUBDIVISION ORDINANCE Article 990. Purpose of Ordinance 991. Definitions 992. Tentative Maps 993 . Final Map 994 . General Regulations and Design 995. Improvements 996 : Exceptions 997 . Appeal 998 . Parks and Recreational Facilities GOVERNMENT OFFICERS S . 1241 ARTICLE 124 CITY ATTORNEY S . 1241 Election of Attorney. The office of City Attorney shall hereafter be elective ; and said officer shall be elected from the City at large for the term provided in Section 17 or Article VII of the Charter of this City. (402) S . 1242 Compensation. The Council shall set the compensation of said officer at not less than the amount paid said officer during the preceding year. (402) S. 1243 Legal Advice . The City Attorney shall be the legal adviser of the officers in all matters pertaining to the business of the City. (15) S . 1244 Drafting of Instruments . He shall draft all ordinances , contracts or other instruments for the City when requested to do so by the Council. (15) S . 1245 Prosecution. He shall assist the Chief of Police by acting as prosecuting attorney before the City recorder in all cases of breeches of or violations of or noncompliance with any ordinance of the City. (15) S . 1246 Other Duties. He shall perform such other services as may be required of him by the general laws , by the ordinances of the City or by the instructions of the Council. (15) (Charter Provisions as to City Attorney: See Art. VII, Sec. 6) , GOVERNMENT OFFICERS S . 1252 ARTICLE 125 POLICE CHIEF S . 1252 COMPENSATION. The Council shall set the compensation of said officer at not less than the amount paid said officer during the preceding year. (403) S . 1253 POWERS: DUTIES . The Chief of Police shall have charge of the Police Department of the City, and it shall be his duty to preserve the peace . . (15) S . 1253 . 1 Powers, Immunities of Sheriff. He shall have the same powers that are now or may hereafter be conferred on sheriffs - by the laws of the State, and shall be entitled to the same protection . (15) S . 1253 .2 Jail: Prisoners . He shall have charge of the City jail and prisoners and of any chain gang which may be established by the Council. ( 15) S . 1253 .3 Prosecutions . It shall be his duty to prosecute before the recorder all breaches or violations of or noncompliance with any ordinance which shall come to his knowledge . (15) S . 1253.5 Reports . He shall make monthly and annual reports to the Council on the work of the Police Department. (1248) S . 1253 .6 Others Acts . He shall perform such other acts as the laws of the State and the ordinances of the Council may require . (15) (Charter Provisions as to Police Chief: See Article VII, Sec .4, of Charter) S . 1254 OFFICERS GOVERNMENT S . 1254 Disposition of Unclaimed Property. All unclaimed property in the possession of the City shall be handled and disposed of in the following manner : (1457 , 1561-3/70) (a) If no owner appears and proves his ownership, such property shall be delivered to the person who found or saved the property, as provided in and subject to the limitations of Section 2080.3 of the Civil Code of the State of California. (b) If no person claims the property, as provided in subsection (a) of this Section, such unclaimed property, except unclaimed bicycles , shall be held by the Police Department for a period of at least four (4) months , and unclaimed bicycles shall be held for a period of at least three (3) months . (c) Thereafter such property shall be transferred to the city Purchas- ing Department for sale to the public at auction. Upon transfer of such property to said city Purchasing Department, such property shall not be redeemable by the owner or other person entitled to possession . If the city Purchasing Department determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the department and need not be sold . (d ) If the city Purchasing Department determines that any such prop- erty is not needed for a, public use, thereafter such property will be sold at public auction to the highest bidder, with notice of such sale being given by the Purchasing Department at least five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the county. (e) In the event the owner of any property shall appear on or before the time the property is transferred to the City Purchasing Department and reclaims said property and reimburses the city for all expenses incurred in the care and preservation of said property, then said property shall be restored to the owner. (f) In the event any property cannot be sold at public auction, it may be given away to any fraternal, benevolent, patriotic, charitable or religious organization not organized for profit or retained by the city; but if any such property is of no value and cannot otherwise be disposed of by gift or sale, or the city does not wish to retain said property, said property may be destroyed as junk, provided that if said unclaimed property con- sists of money or currency and is unclaimed by the owner or finder at the time set for property to be transferred to the city Purchasing Department, said money or currency shall be deposited in the general fund of the city. CONTENTS PLANNING CHAPTERS-ARTICLES CHAPTER 90 - PLANNING COMMISSION AND DISTRICTING PLAN Article 900 - City Planning Commission 901 - Purpose and Effect of Districting 902 - Enforcement 905 - Establishment of Districts 906 - Districting Maps CHAPTER 91 - LOW DENSITY RESIDENTIAL DISTRICTS Article 910 - Rl District - Single Family Residence District 913 - Rl-PD5 District - Single Family. Planned Development 916 - R2 District - Two Family Residence District CHAPTER 92 - HIGH DENSITY RESIDENTIAL DISTRICTS Article 920 - R3 District - Limited Multiple Family Residence District 923 - R4 District - Multiple Family Residence District 925 - R5 District - Office-Professional CHAPTER 93 - SPECIAL DEVELOPMENTS Article 931 - Planned Residential Development CHAPTER 94 - COMMERCIAL DISTRICTS Article 941 - C1 District - Neighborhood Commercial 943 - C2 District - Community Business 945 - C3 District - General Business 947 - C4 District - Highway Commercial CHAPTER 95 - INDUSTRIAL DISTRICTS Article 951 - Ml-A District - Restricted Manufacturing 953 _ Ml District - Light Industrial 955 - M2 District - Industrial CHAPTER 96 - MISCELLANEOUS DISTRICTS Article 960 - RA District - Residential Agricultural District 961 - Al District - Agricultural 962 - SP-1 District - Special Zone (Cemeteries) 965 - S1 District - Shoreline . 966 - Community Facilities District 967 - Civic District Suffix 968 - 0 District - Combining Oil CHAPTER 97 - GENERAL PROVISIONS Article 970 - Definitions 971 - Non-conforming Uses and Buildings 973 - Miscellaneous 974 - Park and Recreational Facilities 975 - Undergrounding of Utilities 976 - Sign Code 977 - Yards 978 - Setback 979 - Off-Street Parking V PLANNING PLANNING COMMISSION S . 9001 CHAPTER 90 PLANNING COMMISSION AND DISTRICTING PLAN ARTICLE 900. CITY PLANNING COMMISSION 901. PURPOSE AND EFFECT OF DISTRICTING 902 . ENFORCEMENT 905 . ESTABLISHMENT OF DISTRICTS 906 . DISTRICTING MAPS ARTICLE 900 CITY PLANNING COMMISSION S . 9001 Commission Established. There is hereby established a Planning Commission in and for the City of Huntington Beach which shall be known as the Planning Commission of the City of Huntington Beach. (563 , 875) (Authority to Create City Planning Commission: See Charter, Art. VIII , Sec . 1. ) S . 9002 Duties : The duties of the Planning Commission shall be as provided in the Conservation and Planning Act of the State of California, as may be amended and as provided by ordinance of the City of Huntington Beach. . (875) S . 9002. 1 Records of Commission. Accurate and permanent records of the acts of the Commission shall be kept, and such records shall have the same status as records of other adminstratiW departments of the City. (495) S . 9003 Members . The Planning Commission shall consist of seven (7) members each of which shall have six (6) months residence immediately prior to his appointment and shall not be an officer or employee of the City. (563 , 875) S . 9003 . 1 Members of the Planning Commission shall be appointed by the Mayor with the consent of a majority of the City Council, provided, however, that any member of the Council may recommend a qualified person to the Mayor for appointment. (875) S . 9003 . 2 Members of the Planning Commission shall be appointed for four years (4) or such other term as the Mayor may specify in making such appointment. (875) S . 9003 .3 Any member of the Planning Commission may be removed from office by a majority vote of the Council. (875) S . 9004 Bylaws . The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection, time and place of meetings and for such other matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance . (563 , 875) S . 9005 PLANNING COMMISSION PLANNING S . 9005 Advisors : The Planning Commission may request attendance at its meetings of any officer or employee of the City W assist the Commission in its deliberations in an advisory capacity but who shall not have the authority to vote upon any matter being considered by the Commission. (563, 875, 927) S . 9006 Assistance for Commission. The Commission may make such investigations , employ such help; secure such advice, and have prepared such plans and reports as it may deem necessary to perform its duties and function. (495) S . 9007 Compensation. All members of the Planning Commission shall receive compensation for their service, the sum of $15.00 for each meeting of the Commission attended, but shall not be compensated for more then three (3) such meetings attended in any calendar month. (671, 875, 1245) PLANNING DISTRICTING PLAN S . 9020 ARTICLE 902 ENFORCEMENT S . 9020 RESPONSIBILITY FOR ENFORCEMENT. All d.epartments, officials and public employees of the City of Huntington Beach vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Division 9, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this code, and any such permit or license issued in conflict with the provisions of this code shall be null and void . It shall be the duty of the Director of Building and Safety and his duly authorized representatives to enforce the provisions of Division 9 of this code . S . 9021 PENALTY FOR VIOLATION. Any person violating or causing violation of the provisions of this Division shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the county jail of Orange County or in the - city jail of the City of Huntington Beach, if there be one, for not exceeding six (6) months, or by both fine and imprisonment, as the judge of a, court of competent jurisdiction may direct . Such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Division is committed or continued by such person, and shall be punishable as herein provided . S . 9022 DECLARATION OF NUISANCE. ABATEMENT. Any building or struc- ture set up, erected, constructed , altered, enlarged, con- verted, moved or maintained contrary to the provisions of this Division, and any use of any land , building or premises established , conducted, operated or maintained contrary to the provisions of this Division shall be, and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon the order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such build- ing or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such property contrary to the provisions of this Division. (1563-3/70) PLANNING LOW DENSITY RESIDENTIAL DISTRICTS ARTICLE 910 CHAPTER 91 LOW DENSITY RESIDENTIAL DISTRICTS ARTICLE 910. R1 - Single Family Residence District 913 . R1-PD5 - Single Family Planned Development 916 . R2 - Two Family Residence District ARTICLE 910 R1 DISTRICT SINGLE FAMILY RESIDENCE DISTRICT ( 495, 556 , 1076 , 1077, 1194 ) S . 9100 R1 ZONE, INTENT S . 9101 R1 ZONE, USES PERMITTED S . 9101.1 Residences S . 9101.3 Use Permits S . 9102 R1 ZONE, PROPERTY DEVELOPMENT STANDARDS S . 9102.1 Minimum Lot Area S . 9102.2 Minimum Lot Width and Frontage S . 9102.3 Maximum Density S . 9102.4 Lot Coverage S . 9102.5 Distance Between Main Dwellings S . 9102.6 Maximum Building Height S . 9103 R1 ZONE, YARD REQUIREMENTS S . 9103 .1 Front Yard S . 9103. 2 Side Yard S . 9103.3 All Yards S . 9103 .4 Yard Exceptions S . 9104 R1 ZONE, FENCES, WALLS, AND HEDGES S . 9105 Rl ZONE, ACCESSORY BUILDINGS S . 9106 R1 ZONE, PARKING REQUIREMENTS S . 9106.1 Minimum Turning Radius for Required Parking Spaces S . 9106. 2 Setback from a Street S . 9106 .3 Lots Abutting Arterial Highways S . 9106 .4 Garages Facing a Street S . 9106 .5 Parking in Front of Dwellings S . 9106 .6 Minimum Driveway Requirements S . 9100 LOW jENSITY RESIDENTIAL DISTRIL.,S PLANNING S . 9100 Rl ZONE, INTENT. This zone is intended to be the most restrictive residential classification. It is further intended to provide the lowest population density per gross acre of land and the greatest degree of light, air, ventilation, and open space on each lot. S . 9101 R1 ZONE, USES PERMITTED. The following uses are permitted in this zone: S . 9101. 1 Residences . Detached single family dwellings , permanently located, and the customary accessory uses and structures are permitted in this zone . No tent, trailer, vehicle , or temporary structure shall be used for dwelling purposes . S . 9101.3 Uses Subject to Use Permit . The following uses may be permitted subject to the issuance of a Use Permit : S . 9101.3 . 1 Planned Residential Developments pursuant to the pro- visions of Article 984. (1563-3/70) S . 9101.3 . 2 Private Full-Time Schools are Permitted in this District Subject to the Following Conditions : (a) Said schools shall meet all curriculum requirements as established by the State of California . (b) Fifty per cent of the site shall be maintained for outdoor play area . (c) Off-street parking shall be provided at the following ratios : 1. Elementary schools - 1� parking spaces for each classroom. 2. Junior high schools - 4 parking spaces for each classroom. 3 . High schools - 7 parking spaces for each classroom, (d) One parking space shall be provided for each 75 square feet of gross floor area within any auditorium or assembly room. S . 9101.3 . 2.1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. (1194) S . 9101.3 .3 Public Utility substations that do not exceed 1 acre in total net area . S . 9101 .3 . 4 Private recreation areas , provided said recreation areas do not include commercial enterprises . PLANNING LOW DENSITY RESIDENTIAL DISTRICTS S . 9101.3 .5 S . 9101.3 .5 Golf courses and their normal appurtenances . All structures shall be set back a minimum distance of 300 feet from any proposed or existing residential building site . (a) The intent of this setback provision is to assure the welfare and privacy of existing and future residential development. (b) Commercial driving ranges that are used in conjunction with a golf course are permitted. (c) Miniature courses , "pitch and putt" or "par 3" golf courses , or other similar commercial enterprises are not permitted. (d) Ten off-street parking spaces shall be provided for each Tee . (e) Parking for all commercial structures and uses shall conform to the most restrictive standards set forth in the commercial zones . S . 9101.3 .5 . 1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. S . 9102 R1 'ZONE, PROPERTY DEVELOPMENT STANDARDS. S . 9102.1 MINIMUM LOT AREA. The minimum lot area shall be six thousand 000) square feet, except that the minimum lot area may be five thousand (5000) square feet provided that : (a) Said lot is situated among six (6) contiguous lots which are owned by the same owner at the time of initial construction, and which average six thousand (6000) square feet in area when considered as a unit ; and (b) None of the six (6) contiguous lots considered in subsection (a) for the purposes of determining average lot size are used in the computation of average lot size for any other group of six (6) contiguous lots ; and (c) If said lot is not situated among six (6) contiguous lots , which are owned by the same owner at the time of initial construction; but are situated among less than six (6) contiguous lots , which are owned by the same owner at the time of initial construction, then said lots shall average six thousand (6000) square feet in area when considered as a unit; ,and (d) None of the contiguous lots considered in subsection (c) for the purpose of determining average lot size are used in the computa- tion of average lot size for any other group of contiguous lots . (1469) S . 9102. 1.1 LOW DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9102.1.1 Exceptions . S . 9102.1. 1. 1 Any parcel of land existing on June 5, 1946, the effective date of Ordinance 495, and held under separate ownership on that date may be used as a building site . S . 9102. 1. 1.2 Any parcel of. land which is under one ownership and consists of 2 or more lots , each having less than 5000 square feet, shall be considered a legal building site , provided the following conditions are met : (a) The combined total square feet of said lots shall equal or be more than 5000 square feet. (b) Said parcel of land shall abut a dedicated street or vehicular easement. Said easement shall meet the requirements of Section 9106 .6 . (c) Said lots were recorded prior to June 5, 1946 , the effective date of Ordinance 495. S . 9102.2 MINIMUM LOT WIDTH AND FRONTAGE. The minimum lot width shall be sixty (60) feet, except that the minimum lot width may be fifty (50) feet for any- lot provided that : (a) If said lot is situated among six (6) contiguous lots , which are owned by the same owner at the time of initial construction, then said lots shall average sixty (60) feet in width when considered . as a unit; and (b) None of the six (6) contiguous lots considered in subsection (a) for the purpose of determining average lot width are used in the computation of average lot widths for any other group of contiguous - lots ; and (c) If said lot. is not situated among six (6) contiguous lots, which are owned by the same owner at the time of initial construction, but are situated among less than six (6) contiguous lots , which are owned by the same owner at the time of initial construction, then said lots shall average sixty (60) feet in width when con- sidered as a unit; and (d) None of the contiguous lots considered in subsection (c) for the purpose of determining average lot width -are used in the computation of average lot width for any other group of contiguous lots. (e) Cul-de-sac and Knuckle Lots . The minimum frontage for cul-de-sac and knuckle lots shall be forty-five (45) feet. (1469) PLANNING LOW DENSITY RESIDENTIAL DISTRICTS S . 9160 ARTICLE 916 R2 DISTRICT TWO FAMILY RESIDENCE DISTRICT (495, 940, 1976 , 1077 , 1194, 1447) S . 9160 R2 ZONE, INTENT & PURPOSE S . 9161 R2 ZONE, USES PERMITTED S . 9161. 1 Residences S . 9161.3 Use Permits S . 9162 R2 ZONE, PROPERTY DEVELOPMENT STANDARDS S . 9162. 1 Minimum Lot Area S . 9162. 2 Minimum Lot Width S . 9162.3 Maximum Density S . 9162.4 Lot Coverage S . 9162.5 Distance Between Main Dwellings S . 9162.6 Maximum Building Height S . 9163 R2 ZONE, YARD REQUIREMENTS S . 9163 . 1 Front Yard S . 9163 . 2 Side Yard S . 9163 .4 Yard Exceptions S . 9164 R2 ZONE) FENCES, WALLS OR HEDGES S . 9165 R2 ZONE, ACCESSORY BUILDING S . 9166 R2 ZONE, PARKING REQUIREMENTS S . 9166 . 1 Automobile Parking Ratios S . 9166 . 2 Type of Off-Street Parking Facility S . 9166 .3 Parking Space Dimensions S . 9166 .4 Minimum Turning Radius for Required Parking Spaces S . 9166 . 5 Setback from a Street S . 9166 .6 Lots Abutting Arterial Highways S . 9166 . 7 Garages Facing a Street S . 9166 .8 Parking in Front of Dwellings S . .9166 .9 Minimum Driveway Requirements S . 9160 R2 DISTRICT. INTENT AND PURPOSE. This district is in- tended to provide for areas of medium density, multiple family residential development. It is further intended to provide a transition between low density and high density residential develop- ments and/or nonresidential developments . S . 9161 R2 ZONE, USES PERMITTED: The following uses are permitted in this zone : S . 9161. 1 Residences . Single family and multi-family dwellings and their customary accessory uses and structures shall be permitted in this district . No tent, mobile home , trailer, vehicle or. temporary structure shall be used for dwelling or sleeping purposes in this district. (1360) S . 9161.3 LOW DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9161.3 Uses Subject to Use Permit . The following uses may be permitted subject to the issuance of a Use Permit : S . 9161.3. 1 Planned Residential Developments pursuant to the pro- visions of Article 984. ( 1563-3/70) S . 9161.3 . 2 Private Full-Time Day Schools are Permitted in this District Subject to the Following Conditions : (a) Said schools shall meet all curriculum requirements as established by the State of California . (b) Fifty per cent of the site shall be maintained for outdoor play area . (c) Off-street parking shall be provided at the following ratios : 1 . Elementary schools - 12 parking spaces for each classroom. 2. Junior high schools - 4 parking spaces for each classroom. 3 . High schools - 7 parking spaces for each classroom. (d) One off-street parking space shall be provided for each 75 square feet of gross floor area within any auditorium or assembly room. S . 9161 .3 .2. 1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. S . 9161 .3 .3 Public utility substations that do not exceed 1 acre in total. net area . S . 9161 .3 .4 Private recreation areas , provided said recreation areas do not include commercial enterprises . . S . 9161 .3 .5 Golf Courses and their normal appurtenances . All structures shall be set back a minimum distance of 300 feet from any proposed or existing residential building site . (a) The intent of this setback provision is to assure the welfare and privacy of existing and future residential development . (b) Commercial driving ranges that are used in conjunction with a golf course are permitted . (c) Miniature courses , "Pitch and Putt" or "Par 3" golf courses , or other similar commercial enterprises are not permitted. (d) Ten off-street parking spaces shall be provided for each Tee . (e) Parking for all commercial structures and uses shall conform to the most restrictive standards set forth in the commercial zones . PLANNING LOW DENSITY RESIDENTIAL DISTRICTS S . 9161.3 . 5.1 S . 9161.3 .5. 1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. S62 R2 ZONE, PROPERTY DEVELOPMENT STANDARDS. S . 9162.1 Minimum Lot Area . The minimum lot area shall be 6000 square feet for interior lots and 6500 square feet for corner lots . S . 9162.1.1 Exceptions . S . 9162.1.1.1 Any parcel of land existing on June 5, 1946 , the effective date of Ordinance 495, and held under separate ownership on that date may be used as a building site . S . 9162.1.1.2 Any parcel of land which is under one ownership and consists of 2 or more lots , each having less than 5000 square feet, shall be considered a legal building site, provided the following conditions are met : (a) The combined total square feet of said lots shall equal or be more than 5000 square feet. (b) Said parcel of land shall abut a dedicated street or vehicular easement. Said easement shall meet the requirements of Section 9166 .9. (c) Said lots were recorded prior to June 5, 1946 , the effective date of Ordinance 495. S. 9162.2 Minimum Lot Width and Frontage : The minimum lot width shall be sixty (60) feet for interior lots and sixty- five (65) feet for exterior lots . The minimum frontage shall be forty-five (45) feet for cul-de-sac and knuckle lots . (1315) S . 916202.1 Width Determination. S . 9162.2.1.1 Rectangular Shaped Lots . The width shall be measured along a line equidistant to and twenty (20) feet from the front property line . S . 9162.2.1.2 Cul-de-sac, Knuckle or Similar Lots . The width shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line . S . 9162.2.1.3 Cul-de-sac Lots Siding Onto Another Street, Freeway, Channel or Similar Properties. S . g162.2 . i.4 LOW DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9162.2. 1.4 Calculations Submitted . In all cases, a licensed land surveyor or civil engineer shall submit calculations show- ing lot widths, depths and areas . ( 1469) S . 9162.2.2 Exceptions. Any legal building site, as provided in 91 2. 1. 1 need not meet the required minimum lot widths. S . 9162.3 Maximum Density. The maximum density shall not exceed one 1 dwelling unit for each two thousand (2000) square feet of lot area, provided not more than nine (9) dwelling units are ' located on any one parcel of land . s . 9162. 3. 1 Use Permit Required . Ten (10) or more dwelling units may e permitted on any one parcel of land containing suffi- cient area subject to approval of a use permit. S . 9162.4 Lot Coverage. The ground floor area of all roofed struc- tures on lots not abutting a park, recreation area or open land shall not occupy more than 50 per cent of the lot area. The ground floor area of all roofed structures on lots abutting a park, recreation area, or open land shall not occupy more than 55 per cent of the lot area. S . 9162 .4. 1 For the purpose of this Section, open land included golf courses, schools, public utility rights-of-way, and flood control rights-of-way that provide a minimum 100 feet in clear width. S . 9162.5 Distance Between Main Dwellings . The minimum distance between the ex erior walls of main dwellings on the same lot shall be 15 feet, except as provided in Section 9162.5. 1. S . 9162.5 .1. Exceptions. S . 9162.5. 1. 1 Alleys or Drives . Where an alley or drive is provided between structures on the same lot, the minimum distance between the exterior walls of the buildings shall be increased equal to the width of the alley or drive. Said alley or drive shall be subject to the requirements of Section 9166. 9. S . 9162.6 Maximum Building Height . The maximum building height shall not exceed thirty 30 feet, and shall not exceed two (2) stories . ( 1512) S . 9162.6. 1 Exception. Building Height . A maximum building height of three 3 stories, with a, maximum height of thirty-five (35) feet, may be permitted . S . 9162.6. 1. 1 The exterior wall of any three-story building shall be set back one hundred (100) feet or more from any single-family residential dwelling that ha,s been -sold to a buyer after initial con- struction, except that such setback may be eighty-five (85) feet where such three-story building site is separated from such single-family residential dwelling by parking structures, such as carports or garages, constructed on a common property line, or except where said three-story building site is separated from such single-family residential dwelling' by a, public right-of-way, school, golf course, public utility right-of- way, flood control right-of-way or channel, which is sixty (60) feet or more in clear width. PLANNING HIGH DENSITY RESIDENTIAL DISTRICTS ARTICLE 920 CHAPTER 92 HIGH DENSITY RESIDENTIAL DISTRICTS ARTICLE 920. R3 LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT 923 . R4 - MULTIPLE FAMILY RESIDENCE DISTRICT 925. R5 - OFFICE - PROFESSIONAL ARTICLE 920 R3 DISTRICT LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT (495, 556 , 1076 , 1077, 1194) S . 9200 R3 ZONE, INTENT S . 9201 R3 ZONE, USES PERMITTED S . 9201. 1 Residences S . 9201.3 Uses Permits S . 9202 R3 ZONE, PROPERTY DEVELOPMENT STANDARDS S . 9202. 1 Minimum Lot Area S . 9202. 2 Minimum Lot Width S . 9202.3 Maximum Density S . 9202.4 Lot Coverage S . 9202.5 Distance Between Main Buildings S . 9202.6 Maximum Building Height S . 9203 R3 ZONE, YARD REQUIREMENTS S . 9203 . 1 Front Yard S . 9203 . 2 Side Yard S . 9203 .3 All Yards S . 9203 .4 Yard Exceptions S . 9204 R3 ZONE, FENCES , WALLS, OR HEDGES S . 9205 R3 ZONE, ACCESSORY BUILDINGS S . 9206 R3 ZONE, PARKING REQUIREMENTS S . 9206 . 2 Type of Off-Street Parking Facility S . 9206 .3 Parking Space Dimensions S . 9206 .4 Minimum Turning Radius for Required Parking Spaces S . 9206 .5 Setback from a Street S . 9206 .6 Lots Abutting Arterial Highways S . 9206 .7 Garages Facing a Street S . 9206 .8 Parking in Front of Dwellings S . 9206 .9 Minimum Driveway Requirements S . 9200 HIGH ISITY RESIDENTIAL DISTRIC. PLANNING S . 9200 R3 ZONE, INTENT. This zone is intended to provide a fairly high population density, but will preserve adequate light, air, ventilation and open space . S . 9201 R3 ZONE. USES PERMITTED. The following uses are permitted in this zone : S . 9201. 1 Residences . Two or more attached dwelling units permanently located, and the customary accessory uses and structures are permitted in this zone. No tent, trailer, vehicle, or temporary structure shall be used for dwelling purposes . S . 9201.3 Uses Subject to Use Permit. The following uses may be permitted subject to the issuance of a Use Permit : S . 9201.3 . 1 Planned Residential Developments pursuant to the pro- visions of Article 984. (1563-3/70) S . 9201 .3 . 2 Private Full Time Day School are Permitted in this District Subject to the Following Conditions : (a) Said schools shall meet all curriculum requirements as estab- lished by the State of California . (b) Fifty per cent of the site shall be maintained for outdoor play area . (c) Off-street parking shall be provided at the following ratios : 1. Elementary schools - 12 parking spaces for each classroom. 2 . Junior High schools - 4 parking spaces for each classroom. 3 . High schools - 7 parking spaces for each classroom. (d) One off-street parking space shall be provided for each 75 square feet of gross floor area within any auditorium or assembly room. S . 9201.3 . 2. 1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. (1194) S . 9201.3 . 3 Public utility substations that do not exceed 1 acre in net area . PLANNING HIGH DENSITY RESIDENTIAL DISTRICTS S . 9201.3-4 S . 9201.3 .4 Private recreation areas , provided said recreation . areas do not include commercial enterprises . S . 9201 .3 . 5 Golf Courses and their Normal Appurtenances . All structures shall be set back a minimum distance of 300 feet from any proposed or existing residential building site . (a) The intent of this setback provision is to assure the welfare and privacy of existing and future residential development. (b) Commerical driving ranges that are used in conjunction with a golf course are permitted. (c) Miniature courses , "pitch and putt" or "par 3" golf courses , or other similar commercial enterprises are not permitted. (d) Ten off-street parking spaces shall be provided for each Tee . (e) Parking for all commercial structures and uses shall conform to the most restrictive standards set forth in the commercial zones . S . 9201.3 . 5. 1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979 . S . 9201 .3 .6 Churches and their appurtenant structures subject to the following requirements : (a) One off-street parking space shall be provided for each 3 fixed seats in the sanctuary or main place of assembly plus 1 off- street parking space for each 35 square feet of seating area where there are no fixed seats in such sanctuary or place of public assembly. (b) Ten per cent of the parking area shall be landscaped and permanently maintained. S . 9201 .3 . 6. 1 The arrangement and access for all parking lots and/or parking spaces shall conform to Article 979. S . 9202 R3 ZONE, PROPERTY DEVELOPMENT STANDARDS. S . 9202. 1 Minimum Lot Area . The minimum lot area shall be 6000 square feet for interior lots and 6500 square feet for corner lots . S . 9202. 1. 1 Exceptions . S . 9202. 1. 1. 1 Any parcel of land existing on June 5, 1946 , the effective date of Ordinance 495, and held under separate ownership on that date may be used as a building site . S. 9202. 1. 1. 2 HIGH DENSITY RESIDENTIAL DISTRi6TS PLANNING S . 9202. 1. 1 . 2 Any parcel of land which is under one ownership and consists of 2 or more lots , each having less than 5000 square feet, shall be considered a legal building site, provided the following conditions are met: (a) The combined total square feet of said lots shall be equal or be more than 5000 square feet. (b) Said parcel of land shall abut a dedicated street or vehicular easement . Said easement shall meet the requirements of Section 9206 .9. (c) Said lots were recorded prior to June 5, 1946 , the effective date of Ordinance 495. S . 9202. 2 Minimum Lot Width and Frontage : The minimum lot width shall be sixty (60) feet for interior lots and sixty-five (65) feet for exterior lots . The minimum frontage shall. be forty-five (45) feet for cul-de-sac and knuckle lots . (1315) S . 9202.2. 1 Width Determination. S . 9202. 2. 1. 1 Rectangular Shaped Lots . The width shall be measured along a line equidistant to and twenty (20) feet from the front property line. S . 9202.2. 1. 2 Cul-de-sac , Knuckle or Similar Lots . The width shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property 1 ine . S . 9202. 2. 1.3 Cul-de-sac Lots Siding Onto Another Street, Freeway, Channel, or Similar Properties . The lot width shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front property line. S . 9202. 2. 1 .4 Calculations Submittal. In all cases , a licensed land surveyor or civil engineer shall submit calculations showing lot widths . S . 9202. 2. 2 Exceptions . Any legal building site, as provided in 9202. 1.1 need not meet the required minimum lot widths . S. 9202.3 Maximum Density. The maximum density shall not exceed -- 1 dwelling unit for each 1250 square feet of lot area, provided not more than 19 dwelling units are located on any one parcel of land. S . 9202.3 . 1 Exceptions . S . 9202.3 . 1. 1 The maximum density shall not exceed 1 dwelling unit- for each 950 square feet of lot area on lots within the territory bounded by Ocean Avenue of southwest, Twenty-third Street on the northwest, Palm Avenue on the north and northeast and Lake and First Streets on the east and southeast. PLANNING HIGH DENSITY RESIDENTIAL DISTRICTS ARTICLE 9310 CHAPTER 93 SPECIAL DEVELOPMENTS 15 3 ARTICLE 931 PLANNED RESIDENTIAL DEVELOPMENT S . 9310 INTENT AND PURPOSE. In order to promote better living environments, this section shall establish basic guidelines for approval, conditional approval, or denial of use permits for Planned Residential Developments within certain residential districts of the city. It is intended that this Article shall encourage better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, and site layout and design. Certain general planning principles which often characterize Planned Residential Developments and should be of prime consideration by the Planning Commission include: (a) The development of permanent recreation, leisure and open space areas for the sole use of residents of the project which are adequate in size, accessibility, landscaping, utilization and permanent maintenance for both present and future needs of residents . (b) The development of the project is carried out under a unified , comprehensive plan which establishes a theme or concept for the entire project . (c) A diversification of residential dwelling types, including detached, attached and multi-story dwellings to create a, heterogeneous neighborhood . (d) A separation of vehicular and pedestrian traffic with convenient circulation and access to dwelling units and accessory units . S . 9311 USE PERMIT REQUIRED. Planned Residential Developments may be permitted in the Rl, R2 or R3 districts when a, use per- mit is first secured for each such development pursuant to Article 984. S . 9311. 1 Subdivision Map Required . A condition for approval of a, Planned Residential Development shall be the recordation of an approved subdivision map . A tentative subdivision map shall be submitted to the Planning Commission as provided by law at the time application is made for a use permit for the Planned Residential Develop- ment . Tentative maps and use permits filed pursuant to this section may be processed simultaneously. S . 9311 .2 HIGH DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9311.2 Maximum Density. Unless allowed pursuant to the provi- sions of Section 9314 hereof, the maximum density of a, Planned Residential Development shall not exceed 7.25 units per acre of the gross acreage involved in the Rl district; eighteen (18) units per acre of the gross acreage involved in the R2 district; and twenty- nine (29) units per acre of the gross acreage involved in the R3 dis- trict . For the purpose of. this section, gross acreage shall not include open or public land as defined in this code . S . 9312 DEVELOPMENT STANDARDS . The following development standards shall apply to Planned Residential Developments: S . 9312 . 1 Maximum Site Coverage . The maximum building coverage of the site on which the development is located shall not exceed fifty (50) percent of the gross acreage being developed , exclu- sive of land area, being set aside for private streets and alleys, and the rights-of-way of public streets and alleys . S . 9312 .2 Minimum Size . The minimum size for a Planned Residential Development shall be such that it will not conflict with the definition of Planned Residential Development as set out in Section 9700 (p) and Section 9310 of this Chapter. S . 9312 .3 Single Family Detached Homes . Where detached single family homes are proposed on individual lots similar to those found in a standard type subdivision and such lots do not abut common open space used for recreation and leisure purposes, the minimum lot size for said lots shall conform to the requirements of the base district unless said plan has been determined by the Planning Commission with concurrence of the City Council to meet the intent and purpose of this Article . S . 9312.3.1 Where detached single-family homes are proposed on individ- ual lots similar to those found in a standard type sub- division and such lots abut common open space used for recreation and leisure purposes, the minimum lot size for said lots shall not be less than five thousand (5000) square feet unless said plan has been deter- mined by the Planning Commission with concurrence of the City Council to meet the intent of this article . PLANNING HIGH DENSITY RESIDENTIAL DISTRICTS S . 9312.4 S . 9312 .4 Private Streets or Driveways. In order to provide suf- ficient driveway widths for traffic flow and maneuver- ability, the standards set out in Section 9312 and its subsections and the following standards shall apply: (a) If vehicles can park parallel on both sides of a street or drive- way, the minimum paved width of such street or driveway shall not be less than forty (40) feet . (b) If venicles can park parallel on only one side of a street or driveway, and if the opposite side of such street or driveway is used for parking other than parallel parking, then the minimum paved width of such street or driveway shall not be less than thirty-three (33) feet . (c) If a street or driveway serves as the primary access to or within a Planned Residential Development, and if -enclosed parking other than parallel parking is provided on both sides of such street or driveway, and if such street or driveway is in excess of one hundred fifty (150) feet in length, then the minimum paved width of such street . or _ driveway shall not be less than twenty-eight (28) feet . (d) If a, street or driveway does not serve as primary access to or within a, Planned Residential Development, and if open or enclosed parking other than parallel parking is provided on both sides of such street or driveway, and if such street or driveway is one hundred fifty (150) feet in length or less, then the minimum .paved width of . such street or driveway shall not .be less than twenty-five (25) feet . (e) A street or driveway exceeding one hundred fifty (150) feet in length which terminates within a Planned Residential Development shall be provided with a curbed turn-around having a radius of not less than twenty (20) feet . (f) No encroachments shall be constructed over streets or driveways within a Planned Residential Development except for roof overhang or eaves above a height of fourteen (14) feet, which may project . not more than a maximum of four (4) . feet over such streets or driveways . (g) When streets or driveways are adjacent to the exterior edge of the property line of a Planned Residential Development, an add.itional two (2) feet shall be provided between the curb and such property line at locations where parallel parking has been proposed . S . 9312 .5 Curb Radius . The inside curb radius on turns for private streets and driveways shall be twenty-five (25) feet. S . 9312 .6 Construction of Private Streets and Driveways . Construc- tion of base, paving, curbs and gutters of--all private streets and driveways shall be approved by the Department of Public Works . S . 9312.7 HIGH DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9312.7 Street Lighting. The developer shall install a lighting system on private streets equal in illumination to lighting on public streets and as approved by the Department of Public Works . S . 9312.8 Off-Street Parking. Off-street parking shall be supplied in the same ratio required for the district or districts in which such development is proposed to be located . All parking spaces, lots, compounds and structures shall conform to Article 969 and be conveniently accessible to the dwelling units they are designed to serve . S . 9312.9 Recreation, Leisure and Open Space Areas . Minimum square footage of usable open space for recreation and leisure use shall be as follows: DISTRICT SQUARE FEET PER UNIT R1 1200 R2 400 R3 300 S . 9312.9. 1 Indoor Recreation 'or Leisure Areas . Recreation or leisure areas that are provided within a building may be utilized to fulfill not more than fifteen percent (15%) of the minimum usable open space requirement . S . 9312.9.2 Private Waterways . Private waterways may be utilized to fulfill the minimum usable open space requirement, but a minimum of thirty-five percent (35%) of the required open space areas for each unit shall be in open land areas . S . 9312.9.3 Recreation and leisure areas may include game courts or rooms, swimming pools, sauna baths, private dock areas, gardened roofs or grounds, putting greens, play lots, or other areas serving all the residents of the development, but shall not include private patios, balconies, decks or other areas used solely by the resident of an individual dwelling unit nor areas used exclu- sively for vehicular access . S . 9312.9.4 The minimum square footage requirements for usable open space as set out in Sections 9312•9. 9312.9.15 9312.9.2 and 9312 .9.3 shall not be considered to fulfill any require- ments of Article 974 or 998, relating to park and recreation facilities . S . 9312 .9 .5 Irrigation Plan. Prior to the issuance of a building permit, a complete irrigation plan of the landscaping and a statement setting forth the method by which such irrigation shall be preserved and maintained shall be submitted to and approved by the Board of Zoning Adjustments . PLANNING H__H DENSITY RESIDENTIAL DIS'.,_.iCTS S . 9312 .10 S . 9312. 10 Building Height . The maximum building height shall not exceed that permitted by the district or districts in which the Planned Residential Development is proposed to be located . S . 9312. 11 Signs . All signs located within a Planned Residential Development shall conform to applicable provisions of the district or districts in which the development is proposed to be located . S . 9312.12 Landscaping . All recreation, leisure and open space areas held in common and the required planted areas within parking areas shall be landscaped and permanently maintained in an attractive manner. Landscaping may include lawns, trees, shrubs and other living plant materials, and decorative design elements, such as fountains, pools, walkways, benches, sculpture, planters, fences and similar elements which are incorporated as an integral part of the landscaping plan . S . 9312.13 Trash Collection Areas . Trash collection areas shall be screened from view from any public right of way and integrated into the development in a harmonious and attractive manner. A plot plan of such area shall be submitted along with elevations and structural plans . S . 9312. 14 Any other applicable development standard of Division 9 or condition as deemed necessary by the Planning Commission may b.e.-required in order to protect the intent and purpose. _ of this Section 9312,- its subsections and this Article . S . 9313 COMMON AREAS HOME OR COMMUNITY ASSOCIATIONS: CONDITIONS, COVENANTS AND . RESTRICTIONS . In the establishment of . permanently maintained , common open . areas, the following shall be required : (a) Common areas, including private streets, shall not be dedicated separate and apart from the individual parcel or dwelling unit . (b) All provisions for a community association and for perpetual maintenance of the common area and recreation areas shall be approved by the Planning Department and Legal Department . (c) The covenants, conditions and restrictions shall contain at least the following provisions : 1. The recreation, leisure and open space areas shall be reserved for the exclusive use of residents within the project and their non-paying guests . 2. Owners and tenants shall be required to abide by association rules and there shall be penalties for violation of said rules . 3 . Any interest in the common area ( including private streets) held by an individual parcel owner cannot be devised, conveyed or dedicated separate and apart -from the devise, conveyance and/or dedication of the individual parcel, nor may any interest in the common area (including private streets) be devised, con- veyed or dedicated for a period longer than a life in being plus twenty-one (21) years, except that this may be accom- plished under the same conditions or grounds as are available under judicial partition. S . 9314 HIGH DENSITY RESIDENTIAL DISTRICTS PLANNING ! 4. If the development is constructed in increments or several final maps, reciprocal covenants, conditions and restrictions and reciprocal management agreements shall be established that will cause a merging of increments as they are com- pleted . The end result shall be one home association with common areas common to all and one management for the entire project. S . 9314 EXCEPTIONS. Exceptions to this article and all provisions of Division 9, as they apply to Planned Residential Develop- ments, may be granted under the use permit procedure when the appli- cant shows that the exception would not be inconsistent with the intent and purpose set out for use permits in Section 9840 and the criteria for consideration of use permits set out in Section 9841.4, or with the intent and purpose of Planned .:Residential Developments as set out in Section 9310. PLANNING INDUSTRIAL DISTRICTS S . 9510 CHAPTER 95 INDUSTRIAL DISTRICTS ` ARTICLE 951. Ml-A DISTRICT 953 . M1 DISTRICT 955. M2 DISTRICT ARTICLES 951 M1-A DISTRICT (1194) S . 9510 STATEMENT OF INTENT AND PURPOSES S . 9511 USES PERMITTED S . 9512 PROHIBITED INDUSTRIAL USES S . 9513 YARD REQUIREMENTS S . 9513 . 1 General S . 9513 . 2 Front Yard S . 9513 .3 Side Yard S . 9513 .4 Rear Yard. S . 9514 DEVELOPMENT STANDARDS S . 9515 OUTSIDE STORAGE S . 9516 WASTE DISPOSAL S . 9517 OFF-STANDARD PARKING S . 9518 TRUCKING AND LOADING S . 9519 GENERAL REQUIREMENTS S . 9510 STATEMENT OF INTENT AND PURPOSES (a) To encourage the establishment of industries which are compatible with one another . (b) To provide standards for off-street automobile parking and for loading and trucking operations . (c) To provide operational standards for yards , structures , and equip- ment that will minimize traffic congestion, noise , heat, glare , air and water pollution, fire radiation, electrical disturbance and safety hazards . (d) To provide standards for location and illumination of advertising signs . (e) To establish standards of environmental development such as land- scaping and open space so as to encourage healthful and productive working conditions and to insure the development of a manufacturing area which will be compatible with the surrounding community. (f) To prohibit non-compatible uses . (737) S . 9511 INDUSTRIAL DISTRICTS PLANNING S . 9511 USES PERMITTED. The following uses and regulations shall be permitted in the Ml-A, "Restricted Manufacturing District, " subject to approval of an administrative review application by the Board of Zoning Adjustments . (1560-3/70) (1) The manufacturing, compounding,--,processing, packing, assembly, distribution or treatment of such products , articles , or - merchandise as follows : A Aircraft engines or parts . (no engine testing) Asbestos products . Automobile assembly. Automobile parts-wholesale, distribution or manufacture. B Bakery-wholesale Battery manufacture. Beverage manufacture , bottling or distribution. Billboard manufacture . Boatbuilding. (Not ships) Box and crate assembly. Broom and .brush manufacture . C Candle manufacture . (no rendering) Cannery. (no noxious odors) Canvas manufacture . Carpet and rug manufacture . Cement products manufacture . Ceramic products manufacture . Cigar manufacture . Cigarette Factory. Cleaning and dyeing plant. Cloth manufacture . Cooperage . Coffee manufacture . Cork products manufacture . Cosmetics manufacture . D Dairy products manufacture, bottling or distribution. Dehydrating of food. (no noxious odors) Distribution of goods , wares , articles or products . Draying or yard terminal . Drugs manufacture. E Electric products manufacture or distribution. Electronics manufacture . Electroplating-wholesale in conjunction with a basic permitted use . F Fencing manufacturing. Fibre products manufacturing. Foots products manufacture . (no noxious odors) Foundry electric or gas (max. capacity-melting unit 1000 lbs .) Freighting yard or terminal. Fruit preserving or packing. PLANNING INDUSTRIAL DISTRICTS S . 9511 (G) G Garment Manufacture . Grain Elevator. I Ice manufacture, distribution or storage. L Laboratories - research or testing. M Machine shop - wholesale . Metal products manufacture . Moving van storage or operation yard . N Novelty and toy manufacture . P Paint mixing. Plastic products manufacture . Paper products . Perfumes manufacture - wholesale . Pottery manufacture - wholesale . Printing plants . Public utilities service yards . R Rubber products manufacture . S Soap manufacture . Storage yards - See screening requirements (storage of outdoor portable sanitation facilities, such as: privys, outhouses and other similar out-buildings shall be prohibited ) . (1301) V Vending machine assembly. W Wood products manufacture - wholesale . (2) Other research, testing manufacturing, assembly, distributing warehousing or similar uses not specifically mentioned which shall conform to the performance standards and other require- ments set forth in this article . (737) (3) Additional permitted uses as follows : a. Accessory office uses which are incidental to a. primary industrial use . b . Offices devoted to research and analysis, engineering, and the use of large scale electronic date processing systems . c . Administrative, management, regional or headquarters offices for any permitted industrial use which are not designed to primarily serve the general public . d . Service uses as follows : 1 . Surveying 2 . Blueprinting and photostating. 3 . Contractor 4. Photographic services , but not including commercial photography studios . e . Trade schools, limited to those schools training students for employment in industrial occupations . This section is not intended to include any business or commercial school or college . ( 1378) S . 9511.1 Uses Subject to Approval of a Use Permit . Commercial and professional uses, permitted in the R5 and C2 districts, may be permitted subject to the approval of a use permit when such uses are not open to the public but are designed or intended to be used only by the employees of the industrial use . (1560-3/70) S . 9512 INDUSTRIAL DISTRICTS PLANNING S . 9512 PROHIBITED INDUSTRIAL USES. Industrial uses which because of .potential emanation of dust, ash, smoke, heat, noise, fumes, radiation, gas odors, or vibrations are or may be inconsistent with the intent and purposes of this Article . . (737) S . 9513 YARD REQUIREMENTS . (737, 1108) S . 9513 .1 All yard shall be measured either from the existing property line, the ultimate right-of-way line as adopted on the Master Plan of Arterial Streets and Highways and any amendments thereto, or any precise plan of a street and/or alley alignment whichever may be the greater. S . 9513 .2 Front Yard . The minimum front yard shall be forty (40) feet from major or primary highways, thirty (30) feet from secondary highways, and ten (10) feet from local streets, measured from the ultimate street property line to the nearest front wall of the build- ing . The front yard shall be landscaped with living plants, and per- manently maintained . Such area shall also be furnished with irrigation facilities . The front yard along major, primary and secondary highways may be used for parking and accessways, however, not less than twenty- five percent (25%) of such area. shall be landscaped . (1534) S . 9513 .3 Side Yard . The minimum required side yard shall be fifteen 15 feet, except: (1534) (a) Exterior Side Yard . Where an exterior side yard is adjacent to a major or primary highway, the minimum required yard shall be forty (40) feet and where such yard is adjacent to a, secondary highway, such yard shall be a, minimum of thirty (30) feet; or (b) Interior Side Yard . Where an interior side yard abuts property zoned or master planned for residential use, the minimum required side yard shall be forty-five (45) feet . (c) Landscaping of side yards shall be required only where such yards are adjacent to a, public street, in which case the landscaping requirements for front yards provided in Section 9413 .2 shall apply. S . 9513 .4 Rear Yard . There shall be no minimum rear yard requirement except where an M1-A lot 'or parcel abuts property zoned or master planned for residential use, then a, minimum rear yard of forty- five (45) feet shall be provided . (1534) PLANNING INDUSTRIAL DISTRICTS S . 9530 ARTICLE 953 M1 DISTRICTS (737,:-1.194) S . 9530 USES PERMITTED S . 9531 OFF-STREET PARKING S . 9532 YARD AND HEIGHT REQUIREMENTS S . 9532. 1 Front Yard S . 9532. 2 Side Yard S . 9532.3 Rear Yard S . 9532.4 Height S . 9533 DEVELOPMENT STANDARDS S . 9530 USES PERMITTED. The following uses and regulations shall be permitted in the Ml, "Light Industrial District, " subject to approval of an administrative review application by the Board of Zoning Adjustments . (1560-3/70) All front and side yard requirements shall be in addition to those required by the Master Plan of Streets and Highways and shall be applicable in this Section. A Auction houses or stores . Automobile assembly, body and fender works , dismantling and used parts storage when operated and main- tained wholly within an entirely. enclosed building. Automobile painting, provided all painting, sanding and baking shall be conducted wholly within an enclosed building. B Battery rebuilding. Boat building, except ship building. Bottling plants . Breweries . Building material storage yards . C Caretakers dwelling on factory premises . Carpet cleaning plants . Cleaning and dyeing plants . Contractor 's storage yard. (except storage of out-door portable sanitation facilities, such as : privys , outhouses and other similar out-buildings shall be prohibited. ) (1301) Cosmetics , manufacture of. Creameries and dairy products manufacturing. D Distributing plants . Draying, freighting or trucking yards or terminals . E Electric or neon sign manufacturing. S , 9530 (F) INDUSTRIAL DISTRICTS PLANNING F Feed and fuel yards. Flour mills . Food products manufacturing, storage and processing of, except lard, pickles , sauerkraut, sausages or vinegar. Frozen food lockers Fruit and vegetable canning, preserving and freezing. G Garment manufacture. I Ice and cold storage plants . L Laundries. Lumber yards . M Machine shops . Manufacture of prefabricated buildings . Mills , planing, except that building operations are not allowed. 0 Outdoor advertising display or outdoor advertising structure advertising the business being conducted on the premises on which the display or structure is located. P Paint mixing, provided inflammable liquids storage complies with City Fire Code. Pipe line booster or pumping plant in connection with water, oil petroleum, gas , gasoline, or other petroleum products . Plastics , fabrication thereof. Poultry and rabbit slaughter, including custom dressing.. Printing plants . Public utility service yards and electric transmission substations . R Rubber, fabrication of products made from finished rubber. S Sheet metal shops . Soap manufacture, cold mix only. Shoe manufacture. Storage space for transit and transportation equipment, except freight classification yard. Stone monuments and tombstone works . T Textile manufacture. Tile, manufacture of wall and floor tile and related small tile products . Tire rebuilding, recapping and retreading. Tinsmith. Transfer, moving and storage of furniture and household goods . Truck repairing, overhauling and rental. W x- ^'esale bus;nests , storage building and warehouses . PLANNING INDUSTRIAL DISTRICTS S . 9550 ARTICLE 955 M2 DISTRICT (840) S . 9550 INDUSTRIAL DISTRICT S . 9551 USES PERMITTED S. 9552 CONDITIONAL USES S . 9553 USES PROHIBITED S . 9554 OFF-STREET PARKING S . 9555 YARD REQUIREMENTS S . 9556 DEVELOPMENT STANDARDS S . 9550 INDUSTRIAL DISTRICT: Provisions Applicable . The following provisions shall apply in the M2 District. (840) S . 9551 USES PERMITTED. The following uses and regulations shall be - permitted in the M2, "Industrial District, subject to approval of an administrative review application by the Board of Zoning Adjustments . General manufacturing uses . Steam electrical generating stations . (1560-3/70) S . 9552 CONDITIONAL USES. Where Use Permits are granted, any of the following manufacturing uses are conditional uses per- mitted in the M2 District subject to review in accordance with the performance standards procedure ; provided, that such uses are located not less than two thousand (2000) ft. from the nearest "R" District or "A" District designated for future residential development on the adopted Master Plan of Land Use . A Acetylene gas manufacture or storage. Acid manufacture. Alcohol manufacture. Asphalt refining or asphalt mixing plants . B Blast furnaces or coke ovens . Brick, tile, cement block or terra cotta manufacture. C Cement, lime , gypsum or plaster of paris manufacture. Concrete and concrete products manufacture. S . 9552 (D) INDUSTRIAL DISTRICTS PLANNING D Distillation of bones . Drop forge industries . F Fat rendering Fertilizer manufacture and storage. Freight classification yards . N Natural gasoline processing and absorption plants . 0 Oil cloth or linoleum manufacture. P Plant, oil, shellac, turpentine .or varnish manufacture. . Paper pulp manufacture . R Rock crusher, or distribution of rocks , sand or gravel, other than quarries or other sources of raw material. Roofing material manufacture. S Soap manufacture . Soda and compound manufacture . W Wineries . Wool pulling or scouring. S . 9552.1 Accessory buildings and uses customarily incident to any of -the above uses , when located on the same site with the main building. . (840) S . 9553 USES PROHIBITED. The area comprising the City of Huntington Beach is comparatively limited and would cause a proximity of uses which, if not segregated, or, in respect to some, if not pro- hibited altogether, would deprive the citizens of said City from en- joyment of the general welfare, health, convenience and prosperity to which they are entitled, therefore the following uses are prohibited in said City: S . 9553.1 Processing. The manufacture or processing of cement, lime, gypsum, bleaching powder, fertilizer, potash, . disinfectants , glucose, glue, size, acid, rubber or rubber products, and acetylene, sulphuric, nitric, or hydrochloric gas, and explosives, excepting petroleum products . (495) S . 9553 .2 Rendering. Distillation, reduction or rendering of, bones, Fat, tallow, dead animals or garbage; but this City may, as a governmental service, dispose of the garbage of this City, within the City limits . (495) PLANNING MISCELLANEOUS DISTRICTS ARTICLE 960 CHAPTER 96 MISCELLANEOUS DISTRICTS ARTICLE 960. RA DISTRICT 961 . Al DISTRICT 962. SP-I -DISTRICT 965. S1 DISTRICT . 966 . COMMUNITY FACILITIES DISTRICT 967 . CIVIC DISTRICT SUFFIX 968. O . DISTRICT ARTICLE 960 RA DISTRICT RESIDENTIAL AGRICULTURAL DISTRICT (881, 1076 , 1077, 1194, 1235) S . 9600 RA ZONE, INTENT S. 9601 RA ZONE, USES PERMITTED S: 9601. 1 Residences S . 9601 . 2 Agriculture S . 9601.4 Use Permits S . 9602 RA ZONE, PROPERTY DEVELOPMENT- STANDARDS S . 9602. 1 Minimum Lot Area S . 9602. 2 Minimum Lot Width S . 9602.3 Maximum Density S . 9602.4 Lot Coverage S. 9602. 5 Distance Between Main Buildings S. 9602.6 Maximum Building Height S . 9603 RA ZONE, YARD REQUIREMENTS S . 9603 .1 Front Yard S . 96.03. 2 Side Yard S . 9603 .3 Rear Yard S. 9603.4 Yard Exceptions S . 9604 RA ZONE, FENCES, WALLS , AND HEDGES S . 9605 RA ZONE, ACCESSORY BUILDINGS S . 9606 RA ZONE, PARKING REQUIREMENTS S . 9606 .1 Minimum Turning Radius for Required Parking Spaces S. 9606 . 2 Setback from a Street S . 9606 .3 Lots Abutting Arterial Highway S. 9606 .4 Garages Facing a Street S . 9606 . 5 Parking in Front of Dwelling S . 9606 .6 Minimum Driveway Requirements S . 9600 MISCELLANEOUS DISTRICTS PLANNING S . 9600 RA ZONE, INTENT. This zone is intended to provide a transition between the present agricultural activities and possible development to other uses . It is further intended that prior to development, any land in the RA zone will be rezoned to con- from with the Master Plan of Land Use and said land shall not be subdivided for residential, commercial or industrial purposes until it is rezoned. (1235) S . 9601 RA ZONE, USES PERMITTED. The following uses are permitted in this zone . S . 9601. 1 Residences . Detached single family dwellings , per- manently located, -and the customary accessory uses and structures are permitted in this zone . No tent, trailer, vehicle , or temporary structure shall be used for dwelling purposes . S . 9601 . 2 Agriculture . General farming and horticulture including bush, trip ; vine and field crops , but not including any poultry or animal enterprise on a commercial basis . S . 9601 .4 Uses Subject to Use .Permit . The following uses may be permitted subject to the issuance of a Use Permit. S . 9661 .4. 1 Public utility substations that do not exceed 1 acre in total net area. S . 9602 RA ZONT . PROPERTY DEVELOPMENT STANDARDS S . 9602. 1 Minimum Lot Area . The minimum lot area shall be one (1) acre . (1�' 35) S . 9602. 1. 1 Exceptions . S . 9602. 1 . 1 . 1 Any legally divided parcel of land existing on the effective date of Section 9602. 1, and held under separate ownership on that date, may be used as a building site . (1235) S . 9602. 1 . 1. 2 Any legally divided parcel of land which is under one ownership and consists of two or more lots , each having less than one (1) acre , shall be considered a legal building site provided the following conditions are met: (a) Said parcel of land shall abut a dedicated street or vehicular easement . Said easement shall meet the requirements of Section 9606 .6 . (b) Said lots were legally divided and recorded prior to the effective date of Section 9602. 1. (1235) PLANNING MISCELLANEOUS DISTRICT S . 9650 ARTICLE 965 Sl DISTRICT S . 9650 SHORELINE DISTRICT, PROVISIONS APPLICABLE S . 9650. 1 Uses Permitted S . 9650.2 Building or Structures Permitted S . 9650 SHORELINE DISTRICT. PROVISIONS APPLICABLE. The following provisions shall apply to . the Shoreline :District: S . 9650 . 1 Uses Permitted . Public recreation and public facilities therefor, including a public trailer camp and publicly controlled concessions in or on existing public buildings or structures or in said trailer camp, but no other uses . (495) S . 9650.2 Building or Structures Permitted . Only public buildings or structures necessary or convenient for recreational purposes or for beautification of the district . (495) (Renumbered 1564-3/70) PLANNING MISCELLANEOUS DISTRICT S . 966o ARTICLE 966 COMMUNITY FACILITIES DISTRICT 15 S . 966o STATEMENT OF INTENT. In order to facilitiate development of property around property used by the city or another public agency for educational, recreational, health, safety, governmental and other public purposes, a, community facilities district (CF-) is hereby created . S . 9661 METHOD OF DESIGNATION. The community facilities symbol, hereinafter specified , shall be placed on the official zoning maps of the city by the Planning Director to designate property which is being used for the above purposes and to designate property which -has been acquired by the city, or another public agency for such pur- poses . No hearing shall be required for such a. designation . S . 9662 SYMBOLS CF-C: Civic uses including city administrative offices, police facility, fire stations, city maintenance yards , parking lots or other civic structures or uses . CF-E: Education institutions CF-R: Recreational areas CF-H: Hospitals PLANNING MISCELLANEOUS DISTRICT S . 9670 ARTICLE 967 CIVIC DISTRICT SUFFIX 15 5 S. 9670 STATEMENT OF INTENT AND PURPOSE. This article is adopted pursuant to Government Code Section 65850 et seq. and is designed and intended to establish a, method whereby the city may regulate the orderly, harmonious, attractive and aesthetic development of facilities around designated Community Facilities Districts in order to protect and preserve the character and integrity of the public .devel- opment or facility, and thereby protect and preserve the public health, safety, convenience and general welfare . s . 9671 ZONING REGULATIONS. After public hearings as provided for zone changes in this code, the civic district suffix ( -CD) may be combined with any basic zoning district and thereafter a developer shall comply with all requirements of the basic zoning district in addition to the requirements of this article. S . 9672 REVIEW OF PLANS. Unless plans, elevations and proposed sites for buildings or structures in a. civic district area have been approved by the Design Review Board or upon appeal by Council, no building permit shall be issued for any such building, structure or other development of property or appurtenances or alterations thereto . S . 9673 EXCEPTIONS . When, in the opinion of the Director of Planning, the approval of an application for a minor or insignificant building permit does not defeat the purposes and objects of this article, a, building permit may be issued without submitting the matter to the Design Review Board for its approval. S . 9674. APPLICATION FOR REVIEW. Applications for design review required . by this article shall be filed and reviewed in the same manner as provided in Article 985 of this code . The Design Review Board is to consider whether plans sub- mitted comply with criteria, adopted by resolution for the civic district. If such criteria are met, the application shall be approved . - Conditions may be applied when the proposed building or structure does not comply with the above criteria and shall be such as to bring said building or strucutre into conformity. If an application is disapproved, the Design Review Board shall detail in its findings the criterion, or criteria, that are not met . The action taken by the Design Review Board shall be reduced to writing signed by the chairman and a copy thereof made available to the applicant upon request . S . 9675 MISCELLANEOUS DISTRICT PLANNING S . 9675 PLAN REQUIRED. Applicant shall submit a, plan which shall be drawn to scale and shall indicate the following informa- tion: (a) Dimensions and orientation of the parcel. (b) Location of buildings and structures both existing and proposed . (c) Location of off-street parking and loading facilities . (d) Location and dimensions of present and proposed street and high- way dedications required to handle the traffic generated by the proposed uses . (e) Location of points of entry and exit for motor vehicles and internal circulation pattern . (f) Location of walls and fences and the indication of their height and the materials of their construction. (g) Indication of exterior lighting standards and d.evices adequate to review possible hazards and disturbances to the public and adjacent properties . (h) Location and size of exterior signs and outdoor advertising. (i) A preliminary landscaping plan . (j) Grading and slopes where they affect the relationship of the buildings . (k) Indication of the heights of buildings and structures . (1) Indication of the proposed use of the buildings shown on the site . (m) Such other architectural and engineering data as may be required to permit necessary findings that the provisions of this code are being complied with. (n) Any of the above requirements may be waived by the Planning Director if the information is deemed not essential. Where an attachment or minor addition to an existing building or structure is proposed, the plan shall indicate the relationship of such proposal to the existing development . S . 9676 EFFECTIVE DATE OF DECISION. The decision of the Design Review Board shall not become effective until the expiration of ten (10) days after the date upon which a, ruling was made . S . 9677 APPEALS . The applicant or any interested party may file an appeal to the Planning Commission on any ruling by the Design Review Board made pursuant to this article . The appeal shall be filed or made within ten (10) days following the decision of the Board and shall set forth alleged inconsistency or nonconformity with the procedures or criteria set forth in this article or standards set forth in or pursuant to this code . Appeals shall be heard and decisions of the Planning Commission may be appealed pursuant to_ the procedures set n•it in Article 998 of this code . PLANNING GENERAL PROVISIONS S . 9700 (f) (f) Family: A family is defined as a person or collective body of persons, excluding servants, related by blood, marriage or legal adoption living together in a dwelling unit . Family is also defined as a group of five (5) persons or less, excluding servants, who need not be related by blood , marriage or legal adoption living together in a dwelling unit . In no case shall the number of un- related persons combined with related persons exceed five . (495, 5565 596, 1103) (g) Garage, Private . An accessory to, or a portion of a main building, used or designed for use only for the shelter and/or storage of passenger vehicles, or trucks of not more than one ton rated capac- ity, owned or operated by occupants of the main building and also means usable space and convenient ingress and egress thereto. (495, 556) Gross Acreage: The area computed by including all property within property lines of a proposed development, except when such property lines abut a street in which case such area shall be computed from the centerline of such street . (1563-3/70) (h) Hotel: A building or portion thereof, containing six (6) or more guest rooms designed, arranged , intended, or used for occupancy as the more or less temporary abiding place of individuals lodged with or without meals, and in which no provision is made for cook- ing in any individual guest room or suite whether compensation be paid directly or indirectly in money, goods, labor, or otherwise, but jails, prisons, hospitals, asylums, sanitariums, orphanges, detention homes or similar institutions shall not be classified as hotels . (495, 556) . (j ) Junk Yard : A junk yard shall mean the use of any lot or any por- tion of a lot for the storage or keeping of junk, including scrap metal or other scrap materials . Said yard may include all uses permitted in a motor vehicle dismantling or wrecking yard . (1241) (1) Landscaping: Landscaping shall include the planting and continued maintenance of vegetation. Said vegetation shall be limited to: Ferns, flowers, grasses,. mosses, shrubs, trees and vines . (1261) Lot: A parcel of real property shown on a map recorded in the office of the County Recorder of either Los Angeles County or Orange County, California, designated on such map by a separate number or other character which applies only to the parcel so marked, or any area of land under one ownership abutting upon at least one street, alley or recorded easement . (m) Motel: A building or group of buildings designed for the accomo- dation of transient automobile travelers in sleeping units which have a direct outside entrance and conveniently located parking spaces on the same lot . Said sleeping units may have kitchens or kitchenettes up to a maximum of twenty-five (25) per cent of the total number of sleeping units . (1366) S . 9700 (n) GENERAL PROVISIONS PLANNING Motor Vehicle Dismantling or Wrecking Yard : A motor vehicle dis- mantling or wrecking yard shall mean the use of any lot or any portion of a lot for dismantling, disassembly, or demolishing motor vehicles . This definition shall not be construed to allow storage of impounding of motor vehicles nor as a yard for the storage of scrap metals, scrap materials or junk. Motor Vehicle Storage Yard : A motor vehicle storage yard shall mean the use of any lot or any portion of a lot for the storage or impounding of motor vehicles . This definition shall not be construed to include dismantling, wrecking, repair or alteration of any vehicle . (n) Nonconforming Buildings: Any building or structure or any portion of either, which lawfully existed at the time Ordinance No. 495 became effective and which was designed, erected or structurally altered for use that did not comply with the provisions of said ordinance and has not since such date been made to comply with said provisions . (495, 556) Nonconforming Use: Any use lawfully existing in or on any build- ing or structure, or in or upon any lot, at the time that Ordinance No . 495 became effective but did not comply with the provisions of said ordinance and has not since such date been made to comply, with said provisions . (495, 556) (o) Open or Public Land : Shall include parks dedicated or proposed to be dedicated for public use, school sites, areas set aside for school sites, easements or rights of way for electrical trans- - mission lines, or areas set aside for water uses or flood control channels . (1563-3/70) (p) Parallel Parking: Parking which is immediately adjacent to and parallel to the edge of a, private or public roadway or driveway. (1563-3/70) Planned Residential Development: A land development designed and developed as a unit :for individual ownership of dwelling units or sites or air space rights in the area occupied by said dwelling units, with normal accessory residential uses, and permanently maintained common property with each resident having an undivided interest in the common area, for use as parks, waterways, golf courses, or other recreation areas that are integrated with the dwelling units for the sole enjoyment of residents within the devel- ment . (1563-3/70) (s) Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attach : ment to the ground or attachment to something having a fixed location on the ground . (495, 556) (t) Trailer Court: Any area of land, improved, or unimproved , which is designed to accommodate two or more trailers, house trailers, moveable dwellings, tents, sleeping quarters, or outfits, or which is used, let, or held out for rent to campers, tenants, or guests furnishing their own equipment and paying directly for said space or indirectly through trade or labor. This definitions shall also apply to "Trailer Park, " "Trailer Camp, " and to similar uses known by various designations . (495, 556) PLANNING GENERAL PROVISIONS S . 9730.18 S . 9730.18 Use Permits for Multiple Family Residences . It shall be unlawful to construct, erect or locate any apartment project which extends more than 150 feet from a public street unless a Use Permit has been approved for such use . (1046 , 1194) S . 9730.20-- HOME OCCUPATIONS. Home occupations may be permitted in trailer parks , and in R1, R1-PD5, R2, R3 and R4 Dis- tricts , provided the following conditions are complied with: (a) The business shall be restricted to one room only in the dwelling and all material, equipment or facilities shall be kept therein. (b) No garage shall be used in connection with such business except for parking of business vehicles . (c) Only persons residing on the premises may be employed. (d) There shall be no display of merchandise, products, operations , signs or nameplates of any kind visible from outside the dwelling. (e) In no way shall the appearance of the dwelling be altered or the operation of the business within the dwelling be such that the dwelling may be reasonably recognized as serving a nonresidential use , whether by colors , materials , construction, lighting, windows , signs , sounds or any other means . (f) There shall be no storage of materials , supplies , equip- ment or products outside of the one room of the dwelling used for a home occupation. (g) The occupation shall not be of a type which generates pedestrian or vehicular traffic beyond that normal to the par- ticular .neighborhood. (h) The occupation shall not involve the use of commercial .vehicles for delivery of materials to or from the premises . (i) No commercial vehicle or equipment used in conjunction with the occupation shall be parked overnight on the street or within the front yard setback of the premises . S.. 9730. 20 (j) GENERAL PROVISIONS PLANNING (j) The occupation shall not create noise, odor, dust, vibra- tion, fumes or smoke readily discernible at the boundaries of the parcel on which it is situated, and shall not create any electrical disturbance adversely affecting the operation of any appliance or equipment not on the same parcel. (k) All provisions of the Uniform Fire Code shall be com- plied with. (1) Any violation of the above conditions or other con- ditions for approval of a home occupation shall be cause for revocation of the authorization to conduct said occupation and immediate cessation of the occupation. (m) Permission to conduct a home occupation may be granted for a period not to exceed one (1) year. Such permission may be extended from year to year provided that there have been no com- plaints regarding the conduct of such occupation. The Board of Zoning Adjustments shall review the application for renewal to deter- mine whether such occupation may continue. If the Board finds it necessary, in order to preserve the character of the neighborhood and values of property in the neighborhood, or the occupation has been operated contrary to the conditions applicable to such an occu- pation, the Board may refuse to extend the authorization, or may revoke said authorization, and order immediate cessation of the occupation. The decision of the Board of Zoning Adjustments shall be final unless appealed to the Planning Commission within ten (10) days after notice of the Board 's decision is mailed to the applicant. (1423) (n) At the time permission to carry on a home occupation is granted, permittee shall sign an affidavit that he understands all conditions of approval for the operation of such occupation and will comply with such conditions . (1423) (o) Any authorized city employee may inspect at any reasonable time the premises for which application has been made or permission granted for a home occupation. (1191, 1375, 1423) PLANNING ADMINISTRATION S . 9840 ARTICLE 984 USE PERMITS () — S . 984o USE PERMITS. INTENT AND PURPOSE. Use permits, revocable, conditional or valid for a time period , may be issued for any of the uses or purposes for which such plans are required or peri- mitted by the terms of the Huntington Beach Ordinance Code . It is the intent and purpose of this .Article to establish a procedure which will enable the Planning Commission to review certain uses of property within specified zoning districts *of the city in order to insure the best and most appropriate use of property in such zoning districts as contemplated by the Master Plan of Land Use . It is further intended that such uses shall not be detrimental to the general health, welfare, safety and convenience of the neighborhood or city in general, and shall not be detrimental or injurious to the value of property or improvements of the neighborhood or city in general. S . 9841 APPLICATIONS. The Planning Commission shall prescribe the form and scope of applications and necessary accompanying data. S . 9841.1 Filing. Applications for approval of a use permit shall be filed in the office of the Planning 'Department . Said application shall be made by the owner of the property or the property owner' s authorized agent . If the applicant is not the property owner, a letter from the property owner authorizing the agent to act in his behalf shall accompany said application. S . 9841.2 Filing Fee . At the time the application is filed the appli- cant shall pay a fee of One Hundred Dollars ($100) . S . 9841.3 Public Hearing. No public hearing need be held on use per- mits except as specified. by the Planning Commission. How- ever, public hearings shall be held for use permits filed for Planned Residential` Developments . S . 9841.4 Denial by the Planning Commission. The Planning Commission - ma,y deny any application if it finds any one of the follow- ing. (a) That the proposed use has a, detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood , or is detrimental or injurious to the value of the property and improvements in the neighborhood, or (b) That the proposed use adversely affects the Master Plan of Land Use, or (c) That the proposed use is not compatible with other and proposed uses in the neighborhood, or S . 9841.4 (d) ADMINISTRATION PLANNING (d ) That the location, site layout, and design of the proposed use does not properly orient the proposed structures to streets, drive- ways, and other adjacent structures and uses in a harmonious manner; or (e) That the combination and relationship of one proposed use to another on the site are not properly integrated; or (f) That the access to and parking for the proposed use creates an undue traffic problem; or (g) In the case of a use permit for a Planned Resid.ential Development, that the development is not consistent with the intent and. purpose of Planned Residential Developments as set out in Section 9310. S . 9841.5 Use Permit Approval. The Planning Commission may approve a use permit when it finds that the plan will be in sub- stantial compliance with the requirements of this article, the Master Plan of Land Use, and the development standards for such use, or may conditionally approve such use permit and attach Such conditions as the Planning Commission deems necessary to secure the purposes of this article and Chapter 9, and may require guarantees and evidence that such conditions are being or will be complied. with. S . 9841.6 Hearing Date Continuance . The Planning Commission may con- tinue the hearing from time. to time, provided, however, the public hearing or hearings shall be conducted within sixty (60) days after the first public hearing . S . 9841.7 Finding of Fact and. Decision. In granting, - modifying or denying a use permit, the Planning Commission shall specify the facts relied upon in rendering a d.ecision. Said decision shall be made within sixty (60) days after the public hearing. S . 9841.8 Failure to Act. Failure of the Planning Commission to take final action on any use permit application within sixty (60) days subsequent to the date of filing or the date said application was referred to the Planning Commission by the City Council, shall be considered a decision of the Planning Commission recommending that such application be denied, unless a continuance is agreed to by the applicant or his authorized. agent . S . 984149 Notice -of Decision . Notice of the decision of the Planning Commission shall be mailed to the- applicant within five (5) working days, excluding weekends and. holidays, after such decision is rendered.. S . 9841. 10 Effective Date of Approval. Use permits shall not become effective for ten 10 days after being granted, and in the event an appeal is filed. or a_ challenge is issued by the City Council, said permit shall not become effective until a decision is made on such appeal. PLANNING ADMINISTRATION S . 9142 S . 9842 APPEAL TO OR CHALLENGE BY THE CITY COUNCIL. The applicant or any aggrieved- party may appeal a decision or require- ment of the Planning Commission to the City Council, and the City Council or any member thereof may request in writing a hearing before the City Council to consider any decision, determination or requirement of the Planning Commission. S . 9842. 1 Time Limit. All appeals or challenges shall be made within ten 10 days following the decision of the Planning Commission . S . 9842.2 Form and Content . Any appeal or challenge shall be in writing, and shall specify, in detail, any grievance, error of decision, or requirement of the Planning Commission . S . 9842.3 Report . The City Clerk shall report the filing of such notice of. appeal or challenge to the Planning Commission. S . 9842.4 Filing Fee. Accompanying any appeal shall be a filing fee of Seventy-Five Dollars ($75.00) . S . 9842.5 Notice of Time of Hearing. Any decision -or requirement of the Planning Commission that is appealed to or challenged by the City Council or any member therof, shall be set for public hear- ing before the City Council by the City Clerk. Said hearing shall be held at the earliest possible regular City Council meeting, with public notification pursuant to Article 987 of this cod.e . S . 9842.5 .1 Hearing Date Continuance. The City Council may continue the hearing from time to time, and the City Council may refer the matter back to the Planning staff of the city for further report, copy of which shall be mad.e available without delay to the land- owner or his representative, provid.ed, however, the public hearing or hearings shall be concluded within sixty (60) days after the first public hearing. S . 9842.6 Action by City Council . . The City Council may, after public hearing, affirm, reverse or modify the decision of the Planning Commission. Furthermore, the City Council may make any add.i- tional determination or requirement it shall consider appropriate within the limitations imposed by this article and the Master Plan of Land Use . The decision of the City Council shall be final. S . 9842.6.1 Finding of Fact and Decision. In granting, modifying or denying an appeal or challenge, . the City Council shall specify the facts relied upon in rend.ering a d.ecision. Said decision shall be mad.e within sixty (60) days after the public hearing. S . 9842.6.2 Notice of City Council Decision. Notice of the decision of the CI Ty Council shall Be-mailed to the applicant within five (5) working days, excluding weekends and holidays, after such decision is rendered . S . 9843 ADMINISTRATION PLANNING s. 9843 TIME LIMIT. Each use permit authorized under the provi- sions of.This article for which actual construction has not commenced within one (1) year from the date of final approval, shall become null and void. S . 9843.1 Revocation for Delay. The City Council may revoke any use permit except use permits for Planned Residential Develop- ments, when actual construction has not commenced. within a period of six (6) months from the date of granting if conditions have changed so as to make the proposed use or building conflict with surrounding uses, the intent of this article, or the intent of the district in which such use or building is proposed . S . 9843.2 Actual Construction Defined . For the purpose of Sections 9643 and 9843.1, actual construction means that construc- tion has started and is proceeding without delay and. with due diligence . Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, or stockpiling of materials on the site, shall not constitute actual construction. S . 9843.3 Discontinued. Use of Land Building or Premises . When any use of land, building or premises es a is ed under the provisions of this article has been discontinued. for a period of one (1) year, it shall be unlawful to again use such land, building or pre- mises for such discontinued use unless a subsequent use permit is approved.. S . 9843 .4 Extension of Time Limits . Upon written request by the applicant or property owner, the Planning Commission, may grant extensions of time under Sections 9843, 9843.1, 9843.2 and 9843.3, not to exceed one (1) year. S . 9844 UNLAWFUL USE. Any building or structure set up, erected, built, moved or maintained. and./or any use of property contrary to the provisions of this' cod.e and/or any conditions attached to the granting of any use permit pursuant thereto shall be and the same is hereby declared to be unlawful and a public nuisance, and. the duly constituted authorities of Huntington Beach shall, upon order of the City Council, immediately commence action or actions, proceeding or proceedings, for the abatement, removal and. enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use and. restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any building or structure or using any property, contrary to the provisions of this cod.e or the con- ditions of said use permit. PLANNING ADMINISTRATION S . 9845 S . 9845 FAILURE TO COMPLY. Failure to abide by and faithfully com- ply with. any and all . conditions that may be attached to the granting of any use permit pursuant to the provisions of this code shall constitute grounds for the revocation of said use permit by the City Council. No certificate of occupancy shall be issued if conditions attached to the granting of the use permit have not been complied with. All remedies provided for herein shall be cumulative and not exclusive . S . 9846 HEARING . The City Council shall hold a hearing on any pro- posed revocation after giving written notice to the permittee at least ten (10) d.a.ys prior to the hearing. S . 9847 APPLICATION AFTER DENIAL. If a, use permit- has been denied, no further application covering the same or similar use or plan, whichever is applicable, shall be filed or considered within the period of one ( 1) year from date the determination thereof became final. S . 9848 EFFECTUATION. No building permit shall be issued in any case where a use permit is required by the terms- of the Huntington Beach Ordinance Cod.e, unless and until such use permit has been granted . No certificate of occupancy shall be issued until all terms and condi- tions of such use permit have been completed or fulfilled . FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (updated 3/26/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE S: 8111.3 S. 8111.3 4/2/70 S. 8114 s. 8114 4/2/70 S. 8115.5 4/2/70 DM' 8 DM 8 Streets Added DM 20 DM 20 4/2/70 DM 26 DM 26 4/2/70 DM 27 DM 27 3/3/70 S. 9430 s. 9430 Correction BUILDING BUILDING S. 8111.3 S . 8111.3 Sections 17953, 17954, 17955, 17956 and 17957 of the State Health and Safety Code, shall govern in relation to housing. (1167) S . 8111.4 Under authority of Section 17957 California Health and Safety Code, the Building Department may waiver the require- ments for tests on individual lots as set forth in Section 17954 of the California Health and Safety Code, if as an alternative each and every dwelling within the. subdivision is structurally designed. to withstand the most critical soil problem within that subdivision. ( 1167) S . 8112 That the entire City of Huntington Beach is hereby declared to be and is hereby established as a fire district, in accordance with the Uniform Building Code and said fire district shall be known and designated as Fire Zones 1, 2, and 3 and each such zone shall include such territory or portions of the City as designated in Sections 8112, 8112. 1, 8112 .2 and 8112 .3 of the Huntington Beach Ordi- nance Code and of the maps and records on file in the office of the Planning and Building Departments of the City, which maps and record.s are hereby adopted as Fire Zone Maps and. Records of the City of Huntington Beach for application of the regulations included in "The Uniform Building Code" of the Pacific Coast Build.ers conference as adopted by the City of Huntington Beach. (869) S . 8112. 1 Fire Zone No . 1. Those portions of the City of Huntington Beach described as follows shall be designated and established as. Fire Zone No. 1: (a) That portion bounded on the east and southeast by the centerline of Lake Street, bounded on the southwest by the centerline of Pacific Coast Highway, bounded on the northwest by the centerline of Sixth Street, and bounded on the northeast by the centerline of Orange Avenue . (b) Beginning at the centerline intersection of Edinger Avenue and Gothard Street, thence easterly 675 .00 feet,. more or less along the centerline of Edinger Avenue to its intersection with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 96.0.00 feet along said right-of-way line to a point, thence westerly 675 .00 feet, more or less, along a. line to its intersection with the centerline of Gothard Street, said intersection being distant northerly 960.00 feet along said center- line from .the point of beginning, thence southerly 960.00 feet along the centerline of Gothard Street to the point of beginning. ` S . 8112. 1 (c) BUILDING BUILDING (c) Beginning at the centerline intersection of Beach Boulevard and Edinger Avenue, thence westerly 2691.00 feet, more or less, along the centerline of Edinger Avenue to its intersection .with the easterly line of the Southern Pacific Railroad right-of-way, . thence northerly 1170.70 feet, more or less, along said line to its intersection with the southerly line of the Southern California Edison Company right-of-way, thence easterly 1950 .00 feet, more or less, along said. southerly 1-ine to its intersection with the southwesterly line of the San Diego Freeway, thence southeasterly 632 .21 feet, more or less, along said southwesterly line to. an angle point, thence southeasterly 384.00 feet, more or less, along the southwesterly right-of-way line of the San Diego Freeway to an angle point, thence southeasterly 240.00 feet, more or less, along the southwesterly right-of-way line of the San Diego Freeway and its southeasterly extension to its. intersection with the centerline of Beach Boulevard , thence southerly 210.00 feet, more along the centerline- of Beach Boulevard to the point of beginning. (869, 1485, 1558-3/70) S . 8112 .2 Fire Zone No . 2. All portions of the City of Huntington Beach included within the commercial districts, as defined in Division 9 of the Huntington Beach Ordinance Code, and those prop- erties on which a use permitted in the commercial districts has been allowed by use permit or conditional exception pursuant to Division 9 of this code, and . outside of Fire Zone No. 1, shall be designated, fixed and established as Fire Zone No: 2. EXCEPTION: Property- located in a residential district on which a. home occupation is allowed by use permit, shall be exempt from this section. (896, 11475 1485) i S . 8112.3 Fire Zone No. 3 . All areas not included within Fire Zone No. 1 or Fire Zone No. 2 and lying within the City of Huntington Beach, California, shall be designated, fixed and established as Fire Zone No . 3 . (869) S . 8113 That Section 303 (a) entitled "Building Permit Fees" of the "Uniform Building Code , 1964 Edition, Volume I" is hereby amended to read in words and figures as follows : (a) Building Permit Fees . A fee for each .building permit shall be paid to the Building Official as set forth in Table 3-A . The determination of value or valuation under any of the pro- visions of this Code shall be made by the Building Official. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this. Code in the execution of the work nor from any other penalties prescribed herein. BUILDING BUILDING - S . 8114 TABLE NO. 3-A BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $5.00 $501.00 to $2,000.00 $5.00 for the first $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and in- cluding $2,000.00. $2,001.00 to $25,000.00 $20.00 for the first $2,000.00 plus $3 .00 for each additional thousand or fraction thereof, to and including $25,000.00: $25,001.00 to $50,000 .00 $89.00 for the first $25,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00. $50,001.00 to $100, 000.00 $151.00 for the. first $50,000.00 plus. $1.50 for each additional _ thousand or fraction thereof, to and including $100,000.00. $100,000.00 and up $226 .50 for the first $100,000.00 plus $1.00 for each additional thousand or fraction thereof. (b) Plan Checking Fees . When the valuation of the proposed construc- tion exceeds $1,000.00 and a plan is required to be submitted by Subsections (c) of Section 301 of the "Uniform Building Code, 1964 Edition, Volume I", a plan checking fee shall be paid to the Building Official at the time of submitting plans and speci- fications for checking. Said plan checking fee shall be equal to one-half of the building permit fee as set forth in Table 3-A . (1220) S . 8114 Section 205 of the uniform Building Code is hereby adopted as Section 8114 .1 of the Huntington Beach Ordinance* Code. (1331) S . 8114. 1 Penalty. It shall be unlawful for any person, firm, or corporation to erect , construct, enlarge , alter, repair, move , improve , remove , convert or demolish, equip, use , occupy: or maintain any building or structure in the City , or cause the same to be done, contrary to or in violation of any of the provisions of this Code . Any person, firm, oz corporation violating any of the pro- visions of this Code shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate .offense for. each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted, and. upon conviction of any such violation, such person shall be punishable by a fine of not more than $300.00, or, by imprisonment for not more than 90 days , or by both such fine and imprisonment. (1331) S . 8115 BUILDING BUILDING S . 8115 Section 306 (a) entitled, "Use or Occupancy" of the Uniform Building Code, Volume . I , 1967 edition, is hereby amended to read as follows : USE OR OCCUPANCY. No building or structure in Group A to H inclusive , shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor, as provided herein, (1484) S . 8115 . 1 Change in Use . Changes in the character or use of a build- ing shall not be made except as specified in Section 502 of the Uniform Building Code, Volume I , 1967 edition. (1484) S . 8115. 2 Certificate Issued. After final inspection, when it is found that the building or structure complies with the pro- visions of all pertinent laws , codes , ordinances and any imposed con- ditions , the building official shall issue a certificate of occupancy which shall contain the following: (a) The building permit number; (b) The address of the building; (c) The name and address of the owner; (d) A description of that portion of the building for which a certifi- cate is issued; (e) A statement that the described portion of the building complies with the requirements of all codes for the group of occupancy in which the proposed occupancy is classified; and (f) The name of the building official. (1484) S . 8115.3 Conditional Certificate . A conditional certificate of occupancy may be issued by the building official for the use of a portion or portions of a . building or structure prior to the completion of the entire building or structure . Prior to issuing a conditional certificate of occupancy, the building official shall determine that the building 'or structure meets minimum requirements for the health, safety and welfare of occupants and that the issuance of such certificate will not interfere with or hinder the completion of the building. (1484) S . 8115.4 Conditional Certificate . Contents of. A conditional certificate of occupancy shall contain the following : (a) The expiration date ; (b) A list of items to be completed prior to acceptance of the build- ing or strucure, and issuance of a final certificate of occupancy; and (c) A statement that a conditional certificate of occupancy is tem- porary in nature and that it is issued with the understanding that continued occupancy of the building or structure is contin- gent upon the completion of listed items and issuance of a final certificate of occupancy for the entire building. (1484) 3 BUILDING BUILDING S . 8115 .5 S . 8115.5 Posting. The certificate of occupancy, or conditional certificate of occupancy, shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. (1484) S. 8115.6 Penalty. It shall be unlawful for any person, firm or corporation to occupy, or permit to be occupied, any build- ing or structure, or maintain a building or structure which is occupied in the City of Huntington Beach, prior to the issuance of a certifi- cate of occupancy, or conditional certificate of occupancy for such building or structure, or contrary to the terms of any such certifi- cate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy. Any person, firm or corporation occupying or permitting the occupancy of any building or structure, or maintaining a building or structure which is being occupied in the City of Huntington Beach, prior to the issuance of a certificate of occupancy or conditional certificate of occupancy for such building or structure, or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy, shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which such building or structure is occupied in violation of this code , and upon conviction of any such violation, such person shall be punishable by a fine of not more than $300, or by imprisonment for not more than ninety (90) days , or by both such fine and imprisonment . (1484) PLANNING ZONING DM 8 SECTIONAL DISTRICT MAP 8-6-10 ADOPTED AUGUST 17,1960 NOTE, CITY OF CITY COUNCIL ORDNANCE N0 763 ILL l Uo' ioi![Ho x ttr O! [XWO TO EITEKO TO TK GlxT[N ANENOEo 4BP.L4• AMENDED qiD N0• a eucx oxr or .9-I6.63 1004 -2-16-70 I554 LEGEND' .2-17-6a 1036 © <ON[ARYn [IRwy O1[TRtT .5-a-6a 10aa ® .—E ZANILY R[HODO'uL 06TR1R HUNTINGTON BEACH 2 -64 06 [DWlRu�a[TRI[ a-a-65 Ila3 9-20-65 I138 a•1S. 1202 7-18-66 1226 10-3-66 1237 ORANGE COUNTY, CALIFORNIA SUFFIX LEGEND: AMENDED BY ZONE CASE: — STTa[cx ux! 358,397,alb.aez,313,Szz,as-e,ad?2a,ee-az,69-37, ADAMS AVENUE I ]RI ' I W RI 3 RI RI WI C4 $ s xI.A.. RI J WESLEY cR I RI [.SAo c R I a r[n[ortx oR A-S RI [[ R I oR. OAY I EOM R I on. STOw..O 1 RI pi RI I BIRCNNOOD RI RI R.KN oR I RI RI Y I rxrxlA xlRC. .oA R I R I = RI. ¢ I RI oR. I i.—E Rm. c 1R! RI RDR. I RI RI IJSUNTAI I RI R I 1 F S1exeT I y 9 RI n-APITAN 9R. Q $Y RI I RI a RI y ATLANTA AVE. u , PLANNING ZONING DM 20 SECTIONAL DISTRICT MAP 18-6-10 - -- NOTE: CITY OFEI MI tl�MNPd EXAft N TO 400PTED APRIL 4,1960 E Awmxm[ANT RIGHT OF NA p NT[MOFD TO EXTEND TO THE CENTER CITY COUNCIL ORDINANCE NO.760 OF--.—Or r4T LEGEND: AMENDED ORD.NO. AMENDED ORD,NO, HUNTINGTON BEACH 2-19_62 °°° 3-°-67 13°' 1-7-63 947 3-6-67 1304 Y-♦-83 BSI 4-17-67 1J17 MLr—IDENDE p[rRiCT 8-3-85 992 ro- .—Al E[CENCE PSTxiDf 2-67 1353 [`RCO,ixE— C.—ICT 9-16-63 1004 2-5-68 1389 ® OF K[ ...'...DA., ORANGE COUNTY, CALIFORNIA 4-2-64 p43 4-15-68 14D3 4-ZO-84 1048 6-15-69 140 ® coL[[pm BOSWE59 DiS Rrcr 6-4-84 105s 10-17-68 1448 ® uxRED xuL R EAMILv RCSIDENCE DISTRICT AMENDED BY ZONE CASE: a-I8-64 1076 w-6-69 s29 [[T.— LINE 109,221,275,267.3W.M3.357.409.420.41%458.516,326,66-1,66-2,66-21.66-42,66-69 7-6-65 1162 II-3-69 _1539 ® REESCENTI.AGrtIA-RAL an*RCT 10-I8-65 IIB2 12-6-69 1542 c NED FIT.mL 66-70,66-67,67-23,67-K60-4.68.16.60.27,69-25,69-29,69-30,69-30, 4-4-66 11952 3-2-70 16s6 4-4-68 1197 IE, 8-20-68 1216 T B u 14 10.3-66 1257 I[n ATLANTA 3 AVENUE I I I I L oanxT Da $ x E 3 RI RI RI J1 , F R I RI n ;R RI ONMERa II DR RI 8 - RI 1 g s g R `a I RI } RI RI sRl RI FAxRD nnxGH•x M RA-0 RA-0 .4 E CIED R [XE�tR DR—T RI ::EZ RI _ ;�€ R2 R2_ Fwr_6meLIA - HfAON ._- l;ryq� ----------- RI ` .-- 4 ___ --.60. a I. ° ---- - 77 M_,wl_rs �" m r - .T R2' 3 ° — RI jR11 L k r'- x eR00xxWIN CN:I:HARBOR F01Mf RI RI RI RI E RBI Ba RBArLca iR 2p Sp m HRTRFC DOV[ fr1!€ -----=R2=====4[==' FpRI RI RI RI S R ♦u J NAMIL ON '-- AVE --� RI RI RI f RI u TTA DR ANil ■ DR E C,4 S j DOfRI RI RI R2RI 32 80891E CR HpfTl DR. CR RA RI RI 3 RI RI _ RI RI �ql� RI- R NIGUE ER RI RI I Y < R. 8 LIME x 1/Y R Z Z RI < x ` RI LN4iALLYALANINE R.RI = RI fR.1RI al RI RI R 3R3 Lj DR a INANA DR,. 9 n R I : RI w 1T. I130• RI - ' RM A R. XUD ON 6 R3 KAHULUI RI RI RI RI = a. ! R I RAMB LER R I - . \ MAI DR RI PR RI ! RI RA-0 R I ODLa aAxo ca R1 L11APAA DR. RI RI J w D•rTONA rn ALOHA DR. RI xNRrt 4) RA-0R I e RI RIp 3Z. Pq BANNING AVE. ItY Y n t4 n n tB All, PLANNING ZONING DM 26 woo SECTIONAL DISTRICT MAP 23-5-II SCALE ..EET NOTE 11 CITY OF ADOPTED MARCH 7, 1960 oirl�C°PR` ",—�„ 04Nr or— ENDED Mo`vtrr T„E.LExTPR CITY COUNCIL ORDINANCE NO. 754 ILEGENDIT AMENDED OR°.N0. AMENDED ORD.N0. A RESIDENT-AORPkTMML DISTRICT HUNTINGTON BEACH e-2°-� 772 9-1-67 1234 o SIN„N. W-LT REST DISTRICTED 1-3-61 811 12-19-66 1274 7-3'81 863 1-3-67 1266 Q SINGLE OMNI IT RESIDENCE DISTRICT DISTRICT I I-6'81 878 I-I6-67 1288 0<oxNuxrtr leuslxEs9 DISTgItT 12.4-61 877 I_16-67 1291 =L-T MA I TURIxD DISTRICT ORANGE COUNTY, CALIFORNIA -IS-62 898 2_2067 299 TM.TE w1D„:D�RAr 2-19-62 890 I.13-68 1384 __ —T No SET—LINE 3-19-62 894 6.17-68 1418 RESIDENCE DISTRICT AMENDED BY ZONE CASE' 5-7-62 SOD 6-17-6, '42o O LIMITED xuLTIrLE rNEr 9-17-62 923 8-19-68 1433 ® Two EA1¢r RESIDExcE DISTRID 102.104,107,116,132,190,211,212,29,220. - 8-24-63 977 9-3-66 1139 ®PRDrF39DxM.,Mr1EL A TR4LERTRUNt M51Mcr 222,224.237,260,327.495.501.505.506.537.88-4,66-29 2-IS-63 1122 9-IB-68 1431 89-54,88-39,86-84,68-61,PP68-4,PP 67-1,68-12,68-14 3--1-65 1123 3.17-69 1483 68-20,68-24.68-54.69.2.PP66-2.70-2. /-5-65 1132 3-2-70 1111 4-19-eS I135 EDINGER 12-6.65 I168 AVE 2. D 3 I Foo N W C 2 a, o RA C2 C2 ALDRICH sT 1 13zo ro t P. 554 Ci4 3 BLUESAILS RI -DR J LORGE C. R3 I 6 R I : voLGA DR. 3 R3 �6D �r R 3 & STARK ST STONEW000 DR R 3 R 3 I RI 3 3 RI = MURDr C R AMAZON R 3 DR R3 Ca R3 CANDLELIGHT CR BODGET DR RI M I M I RHONE f. UM N N $ H L ST ' Y LN STARLIGHT CR 3 MI R I RI RI RI Ill I RI R3 Ca ANITA LN. MOONLIGHT CR NALD ST i RI � J °O = JULIE LON xD 522 R 2 2 R Ca VALENTINE DRvt e fi R I x LINE TRACT ET RI 3 GLENCOE AVE NANCY a DR i SUNLIGHT RI 9-RIOf R2CRI 8 O ALHAMBRA DR. 7 ` R Ca HEIL I R2 AVE R3 R3 RI NE ER3nnDANUBE DR RI� URI RlR3 R3 R3 R3 R3 R3.R3 RI w SEINE DR W� R I C 4 A 4 M Y ° Ly' CNRYSLER tl1.I RI RI J RI RI Z DON • J MI y RI R3 R3 R3 R3 R3 M I of - R3 C2 5 G L AMINE � L- N LINEElE R12 SN SW IH OII ----------- cR : R IR A R3$R� R 3 C4 R3 I r UI O. C. E. C. D C6-1 W NS ODD p t 3 31 Z K R3 R2 R5 R 3 R 3 MI k 69 M R 3 C C 4H mIDDR5 ca 0 �I R2 � Lo,_ T � 11D p WARNER AVE n PLANNING ZONING . DM 27 000 SECTIONAL DISTRICT MAP 24-5-II X.eeT NOTE' CITY OF ADOPTED FEBRUARY 20,IB61 All M FEE, CITY x'�Imm r OF rT TNe c[xru COUNCIL ORDINANCE NO. BIT AMENDED ORD.NO. AMENDED ORO,NO, LEGEND LMo 3-1 0 -61 828 I-16.67 1287 9-3-BI B67 4-7-69 1486 HUNTINGTON BEACH 1U-2'61 870 2-2-70 361 Q aWOLE FAMILY REN MS BIaTPoCT 12-4-61 B77 O I-IB'82 686 CL COYYONRY BUSIxEfa OIBTPoCT 4-2-62 696 6-7.62 9080 ®ABRCUL T UURLATLP L0E 13FTARY1L<T 2. 0B NiBNWYYYfRCIAL DISTRICT caDE B-I"'8ORANGE COUNTY, CALIFORNIA B1 I3 LIYD 9-B- 1081 AMENDED BY ZONE CASE: 12-T64 110 ♦_ 32146.163,194,210.211,217,230,237,366.437.433,470.479.BOB,66-5I N CE aFIRI<f PP 66-1.66-63.67-32.69-33 12-5-66 1 1272 1-3-67 200 SUFFIX LEGEND' --- U TIYATE RICH Of MAY -- BET-1 IINE EDINGER AV E rn 233 8 . o R3 R74. C2 O7 jI1' 6_ c5.6 U1 2 C L4 4b BD �. R 3 D R3 STARK AVE O io:t R3 E OE N Ne xR I/1 SF<.e4-a-II 0 1 0 J ` - f. O. ` u N C Y OF RI RI XUNTING B I _ LOIS CR z Ewa u R3 C4 `o RI RI s< RI u RI RI a RI RI i RI RI RI RI z RI J RI In d V 4 DONALD CR < Rf CRJ LVJT � BRUSX OR RI U RI RI RI RI JUDY CR RI aOeER Ca RI DE VILLE CR BRYANT DR RI RI L�I -c,. 4 o RI RI LAMAR DRLAMBERT DR RIRIRI e0RI RI RI RI ORINDA CR FfaawoM a R I rot Il TERRY DW dARNETTDR RI Rsru 3 = 6 g CAKL<a Q �0 El CR C4 RI ll//RI 66 RI RI W RI caxxeR 0R O ��d 11RI RI LANCASTER DR. ARNETT DR ^ sas.al rot RI RI RI RI RI i cR AI s D D. C. F. C. D. RI co-2 I RI FEW, o�x RI 33o3ro C F 0 Y u RI T $ RI I 'a g R3 MER RI 9 Wx q4 ro R3 EeRor RI RI a4sss t z iC R I rc TAIARU DR.'34 C3aa� R3 R3 C4 1RI N AxTxBNY oR S C2Y�i RILL. .} ass WARNER AVE Aem n.w IBt11e191911 eMa nAMmAs mr. RAYN n 1' PLANNING COMMERCIAL DISTRICTS S . 9430 ARTICLE 943 C2 COMMUNITY BUSINESS DISTRICT S . 9430 USES PERMITTED S . 9431 LIMITATIONS . ON PERMITTED USES S . 9432 SETBACK ENCROACHMENT AND OUTSIDE DISPLAY AND/OR STORAGE S . 9433 OFF-STREET PARKING S . 9434 YARD REQUIREMENTS S . 9435 DEVELOPMENT STANDARDS S . 9430 USES PERMITTED. The following permitted uses and regula- tions shall apply in the C2 Community Business District, . subject to approval of an Administrative Review application by the Board of Zoning Adjustments . (1029, 1108, 1194, 1549-1/70) S . 9430.1 All uses permitted in the C1 zone, under provisions of the Cl Regulations . S . 9430 .2 The following retail stores: (1532) A Automobile sales agencies, with incidental repairs and service . Automobile accessory dealers . B Bakeries (not more than seven (7) employees and with all goods sold on premises) . Bicycle sales . Boats and marine supplies . C Clothing stores . D Department stores E Electrical supply shops . F Feed and fuel stores (entirely within a building devoted to retail sales) . Florist shops . Frozen food lockers (retail only) . Furniture stores . I Ice storage houses (limit capacity to five (5) tons) . J Jewelry stores L Liquor stores, and on-sale liquor establishments . M Motorcycle dealers - with incidental repairs and service . Mobile trailer sales N News stands . P Paint stores . Pet shops . Photographic equipment and supplies . Plant nurseries . Plumbing supply shops . Printing shops . S Super markets . S . 9430.3 Auditoriums, meeting halls, for fraternal and service organizations . S . 9430.4 Business colleges and private schools . R S . 9430.5 COMMERCIAL DISTRICTS PLANNING S . 9430.5 The following services: A Animal clinics (no outside kennel runs or overnight care shall be permitted) . Automobile minor repair such as glass, shock absorber, muffler and brake replacement, etc . , but shall not include body shops or general repair shops . B Banks . Blueprinting and photosta.ting. Bowling alleys, billiards, pool halls . C Cafes and restaurants . Catering establishments . D Dry cleaning establishments using no more than two (2) clothes . cleaning units, none of which shall have a rated capacity in excess of forty (40) pounds, using cleaning fluid which is non- explosive and non-inflammable at a temperature below one hundred and thirty-eight (138) degrees Fahrenheit. E Electric distribution, substations . M Medical and dental laboratories . Movie theaters . Music conservatories . P Public garages . S Savings and loan associations. Skating rinks ( ice or roller skating) . S . 9430.6 The Following Uses May be Permitted Upon Approval of a Site Plan Application by the Planning Commission. 1. Establishments which offer on premise sale and consumption of alcoholic beverages and those which offer live entertainment of customers . (1358) S . 9430.7 Use Permits. The following ,uses may be permitted in this district subject to an approval of a, Use Permit applica- tion. ( 1549-1/70) S . 9430.7.1 Gasoline Service Stations, including limited tire dis- play and minor repairs . (1549-1/70). S . 9431 LIMITATIONS ON PERMITTED USES IN C2 ZONES. Every use per- mitted in a C2 Zone shall be subject to the following con- ditions and limitations: (a) Storage shall be limited to accessory storage of commodities sold at retail on premises . (b) Products made incidental to a permitted use shall be sold only at ,retail on premises . (c) Not more than seven (7) persons may be employed in such processing and treatment of products . PB1IQlL CODE HMUIM t GCS OEDIN CODE(Updat2 CHMOES / 27/70) g&F.�SE �� P�Q�i CODE PLEASE ADD TO CODE EFPECTI4E DATE So 4221.7 4221.7 3118/70 Se 4231 4231 3/18/70 MAP INDEX ADD 4 St:OEEE�I DM 4 Added DK 7 M477 Streets Added DAY 15 DH 15 1/16/70 DH 20 m 20 1/8170 M 26 UK 16- Streets Added DM 31 UK 31 1/6/70 Ml 32 EN 32 1/8/70 S. 9103. 31.1.3 S. 9i 03. 3. 1. l 3 311 /7a_ 1 SAFETY ANIMAL CONTROL S. 4221.7 S. 4221.7 Enterinr, Upon Premises. The Animal Control Officer or Deputy Animal Control Officer or any Police Officer of the City of Huntington Beach is authorized to enter upon any premises upon which any animal is kept , for the purpose of taking up, seizing or impounding any animal found running at large , or staked , herded or grazing thereon, contrary to the provisions of this ordinance or for the purpose of ascertaining whether such animal is registered as provided in this ordinance , or for the purpose of inspecting the premises to ascertain whether any law of the City or State relating to .the care , treatment or impounding of dumb animals or to the prever.+.- tion of cruelty to dumb animals is being violated , provided there is probable cause to believe there is a violation. S. 4222 Exhibition of License. No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this code when required to do so by said Deputy Animal Control Officer or any Police Officer. S. 4223 Citv Pound Provided. There shall be provided by the City of Huntington Beach or by the Deputy Animal Control Officer , upon such terms and conditions as shall be named in a contract executed by and between the Deputy Animal Control Officer and the legislative body of the City of Huntington Beach, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject. to be impounded , which shall be known and designated as the "City Pound.' S. 4224 Impounding. It shall be the duty of the Deputy Animal Con- trol Officer to take up , impound and safely keep any of the animals enumerated in this ordinance found running at large , staked, tied or being herded or pastured in any street , lane , alley, court , square , park or other place belonging to or under the control of said city, or upon any private property in said city, contrary to the pro-- visions of this chapter. S. 4224.1 Care of Animals. When any animal is so impounded, it shall be provided with proper and sufficient food and water by the Deputy Animal Control Officer for a period of at least five days. The Deputy Animal Control Officer shall immediately notify the owner thereof, if known to him, by written notice or by phone. S. 4224.2 Reclaiming of Animals. The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to the Deputy Animal Control Officer of the costs and charges hereinafter provided in this ordinance for impounding and keeping said animals. r S . 4225 ANIMAL CONTROL SAFETY S . 4225 FEES FOR IMPOUNDING. The Deputy Animal Control Officer shall charge, receive and collect the following fees for services and impounding anima,l-s: (1555-2/70) (a.) For picking up and impounding: Any dog: first impound - $5; second impound - $7 .50; third impound and each impound thereafter - $10 Any cat: $4 Any large animal: $20 Any medium-sized animal: $8 (b) For delivering impounded animals to their owners: Any dog: $3 Any cat: 2 Any large animals: $14 Any medium-sized animal: $5 (c) For daily care and feeding: Any dog: fi .50 Any ca,t : Any large animal: $3 (d ) For placin impounded animals: Any dog: 7 .50 Any ca,t: 4 All other animals : market value S . 4225 . 1 Accounting of Sums Collected . The Deputy Animal Control Officer sRaIT pay over to the Finance Director all sums collected by him on or before the loth day .of each month, pursuant to the terms of this chapter. The Deputy Animal Control Officer shall make a, monthly report to the City Council of the Deputy Animal Control Officer ' s proceedings relative to the powers and duties bestowed and imposed by this and other sections of the Huntington Beach Ordinance Code . Accounting procedures, used by the Deputy Animal Control Officer, shall be those approved by the city Finance Director. (1555-2/70) S . 4225 .2 Special Fund . All sums received by the City of Huntington Beach pursuant to the terms of this chapter shall become and remain part of a. special fund which is hereby created and which shall be known and designated as the "Animal License Fund . " All sums remaining in said fund after the payment of all contract obligations payable therefrom shall on the lst day of May and the lst day of November of each year be transferred to the General Fund . S . 4226 DESTRUCTION OF IMPOUNDED ANIMALS UNFIT FOR USE BY AGE, CRIPPLED OR DISEASED. It shall be the duty of the Deputy Animal Control Officer to issue and sign a death warrant for and to order the destruction of any animal lawfully taken into custody, which in the opinion of the Deputy Animal Control Officer is, by reason of old age, unfit for use, or which is infected with a dangerous or communicable disease, or which is in an incurable crippled condition, or which is adjudged by a written report of a licensed veterinary to be afflicted with any .painful, incurable disease . SAFETY ANIMAL CONTROL S . 4231 ARTICLE 423 DOGS S . 4231 LICENSE AND REGISTRATION REQUIRED. No person owning, having an interest in, or having control, custody or possession of any dog, shall fail, neglect or refuse to license and register any dog if over four (4) months of .a,ge, in compliance with the terms of this Chapter. S . 4231. 1 Transfer. No dog license is transferable . S . 4231 .2 Procurement of License Certificates . The City Clerk or the Chief Animal Control Officer of the City of Huntington Beach are hereby authorized and directed to procure each year, prior to the first day of April, such number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificatee and tags shall be effective until and including the 31st day of March of the year next ensuing and no longer. S . 4231. 3 Issuance of License Tags and Certificates . A metallic tag and license certificate with corresponding numbers shall be furnished by the Deputy Animal Control Officer or one of. his authorized agents, to any person, firm or organization enumberated subsection 4231' hereof upon payment of the appropriate fee prescribed in Section 4232 . S . 4232 TIME LIMIT. LICENSE FEE. Any owner of a dog over the age of four months in the city shall obtain a, dog license and pay an original license, or renewal license fee of Five Dollars ($5.00) on or before April lst of each year. Any owner who fails to pay the license fee and obtain a dog license prior to May 1st of each year, shall ay in add.ition to said license fee, a penalty fee of Three Dollars ( 3.00) . Original license fees shall be due and payable within thirty (30) days .after any dog is acquired and comes into the care, custody and control of any person in said city. For failure to obtain such original license within said thirty-day limit, such owner shall pay an additional penalty fee of Three Dollars ($3 .00) . The Deputy Animal Control Officer shall keep a record of the name, address and telephone number of the owner of the dog, or person making payment of said license fee, and to whom a, certificate and tag shall have issued, and the number and date ,of such certificate . Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog, and shall be worn by such dog at all times other than those periods when confined. to the owner' s house, enclosed yard or pen. A duplicate of a, lost license tag may be procured from the Deputy Animal Control Officer upon proof of loss and payment of fifty cents ($.50) , (1555-2/70) r S . 4232 . 1 ANIMAL CONTROL SAFETY S . 4232. 1 License Fee Exemptions . No license fee shall be required for the following: 1555-2/70) �a� Seeing-eye dogs . b Dogs or bitches honorably discharged from the armed forces of the United States . (c) Dogs in the care, custody and control of nonresidents who are traveling through the city, or temporarily staying in the city for a. period not exceeding thirty (30) days, or dogs temporarily brought into the city for the exclusive purpose of being entered in a, bench show or dog exhibition, provided such dogs are so entered and not kept elsewhere in the city. S . 4233 TAG MUST BE SHOWN. No person shall fail or refuse to whow to the Deputy Animal Control Officer or any Police Officer of said City, the license and the tag for any duly registered dog. kept or remaining within any home or upon any enclosed premises under his immediate control. S . 4233. 1 Removal of Registration Tags . No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a, registration tag for the current year or to remove such tag therefrom. S . 4233 .2 Counterfeiting Tags . No person shall imitate or counter- feit the tags in this ordinance provided for, or shall use any imitation or counterfeit of such tag. i ZONING INDEX MAP 9-5-II 10-5-11 DM 9 DMII LEGEND �b 19-6-10-SECTION-TOWNSHIP-RANGE 16-5-II 15-5-II 14-5-111 DM 22-DISTRICT MAP 22 ADM 18 DM 17 DM IS i I� I 24-5-12 19-5-11 20 5-II 21-5-11 22-5-11 23-5-11 24-5�1 DM 28 DM 21 D3 DM 24 DM 25 DM26 DMI27 3 \ ; II= 30-5- .•.,i 29-5 II �.28- ;JI 27-5-II 2I-5-II 25 5 11 ,/DM 35 DM 34 1-'�� DM 33 2 DM 32 DM 31 DM 30 I: -o ` 1 'n32-5-11 33-5-11 >%, 34- -II 35-5-II L3 -5/II DM 3 DM 37 FDM 3 DM 39 DM40 5-6-11 -6-I I1--1� 3-6-11 ,K 1 2-6-I I r I-6-II 6-6-10 5- If DM 4 I D M 4\� DM 3 .E DM� DM I DM 6 DM5// 9-6-11 10-6-1 11- -11 12-6-11 7 -10 8//�6-10 DMIO DMI 12 aDI 13 DM7 4MB ® 1 14-6-11 II 13-611 18-6-10 17-6-10 CITY OF �Fyy 6 ---DM 14 3 DM20 DM 19 HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA I P 24-6-MILE 19-6 IO O «<T DM29 DM22T/ ADOPTED C M MARCH 20.RESOLUTION 1961 RPNMNS COMMISSION NESOLUTION 1 CITY COUNCIL-ONDININCE_NO-824 A PLANNING ZONING DM 4 SECTIONAL DISTRICT MAP 4-6-II 815-6-II .11 -- NOTE CITY OF Ex:Wx! ADOPTED MARCH T.1960 :ioxc otax��r IN"IT ar f MTExDED 0 :T.THE ELNT[R p fUCN YM Of OITY__LODNLIL ORDINANCE N0. 73� LEGEND ®MULITIN.E Dlanacr AYENDED ORyfNO AMENDED ORD. �Y unpl.c F•xar RESIDENCE D13rRlcr FRE LIMITED_LE I.11Y RE31-DISTRICT HUNTINGTON BEACH 2-'_1992_ 999 2-.1.1966_ D96 Qi NEIGNBORNOOD COMMERCIAL D-RICT ®i SiNOLE F<YILv REIIOERCE OIarRICT ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE: SUFFIX LEGEND: 201,262,546 OQCOM91110 OIL M CTIOM DISTRICT sz ss s .p i e.xR I R ox !c•cx Is O0 R3-0 cI-o ` T RI-0 0 R4-p'. 9C \ iC M 2—O v 9L� ~G F �C F9 ti Io PLANNING ZONING DM 7 SECTIONAL DISTRICT MAP 7-6-10 NOTE ARE IN CITY ®F ADOPTED AUGUST 11,1960 AN„UCHF RISHTNI OF ANYEEI4TT DF war 19 TENDED TO EXTEND TO HE CENTER OF SUCH RH:MT OF wA CITY COUNCIL ORDINANCE NO. 765 LEGENDa AMENDED ORDN0. AMENDED ORDN0. - Q SINGLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH 6.1-62 918 h-I8-66 453 FESIOEa TIAL 4V RRICULTURAL DISTRICT 5-4-64 1055 1-20-69 1466 MIOHBO.HOOD GCONxERCIAL OISTRICT B-IS-64 1062 LL�CCJJ 12-7-64 1106 COMBINED 11TNE OIL PRODUCTION 3-1-65 1123 ORANGE COUNTY, CALIFORNIA 21 5 14' 12-6-65 I168 AMENDED BY ZONE CASE 5-16-66 1207 suPE1x LEGEND 255.416,446,482,502.510,539.66-12,66-34,66-42,67-11,6T-22 8-15-66 1243 sE*mcN INE 10-3-66 1237 --- _ 66.65,63-35,66-45, 5-IS-6] 1323 9-IB-67 1349 9-18-67 1347 t 21, ADAMS AVE. rn C2 RI S RI RI RI RI RI C4 I N R 3 v 'RI RI —Al ly B RI d RI MEDITERRANEAN DR. NAUTILUS g DR (� RI RI R! ;RI � CANOLEWGGD DR E CR W fl1 0� aUl RI JE= _ A RI II JET'GR RI a RI u JRI ' `^ `1::R I n P,- � RI € RI LL RI -; Rf _ Y PG4' R 1 i 1 SE 1, Li6ROOx m 5j pp. C&L' " R I R I e e 5 5 °" �R I R' RI ¢RI C RI RI RI RI I RI a I i I' A3 RI ��� IN IANAPOLI - AVE. a ACRER CF I RIfflil' - RI RI RI SALIx RI RI RI ELLSWORTH OR. R I R I xEp RI Y 6 R CIRC E RIJ RI JRI = RI A. IN RI RI RI = _ _xcERR IcR RA-0 RI RI Q FnM J 0 z RI f MT ON RI PI RIRI RA-ORI BR,I c :. RI 5 € 8 JNA OR ' RI RI JRI DO 5 5 I RI = RI L- I.----=-- SCOT: m DR RI ATLANTA AVE. 1z T V/ 15 Ie P ANNING ZONING DM 15 o SECTIONAL DISTRICT MAP 14-5-11 SCALE FEET NOTE xr xoxtloxt• rEEr. wf.TO IAY... T.,ar T.r CITY OF .DDPSED�IUNE_2D.�,.O----.IxTfx°E°To[RTfx°,°,xE fx,fR RIW7°r Wr. —__t17Y LOUNLIL_OflDINANOH_N0._7_7.8—LEGEND- O tWSL[FAwRx RESIDENCE DISTRICT HUNTINGTON BEACH AMCND6D _ 79 NO_AMENDEO xp O.NO_OLI°M OY SAPSMESS ISTMCT _8.8-80.._ 780._ cs co—Rorr euavlces oltTRln I-3-61 fill NIOMWAY COMMERCIAL ONTR1CT 3-20-61 :26 3Q7-61 z9 - ORANGE COUNTY, CALIFORNIA 73-87 3" -I6-69 IS44 AMENDED BY ZONE CASE: 114,117.132.168,167,66-43.69-32. BOLSA AVE'•.��. J 1 Lam. ti r h i a 1 IY II`J a 1 3 111O s �_J c1Tr 1 I 1 HUNTINGTON BEACH-RI WNITNEY DR HARHAY UERI LEDON g f�I R I R I R I RI "t' ROCNWELL Z AVE O O O 21 O 4RWIN AVE U. Y = C'Tr OF WESTMIN3TER CITY RI MINST R RI RC S MI RI rl. ut Rf RI t LMCNI�6aIH 9' t.LIK A V.tE IH tEC N-a-IIOr - R MI I NM N I W XLR4 t1/aA.t V10R i .C4__ lIX�Stl SO•[-aO' 3 � /� /� tl:Z. 9'!(ff-ITS' ■ - L -cl xZ.'.- •E-sale• V CIA Z 3 CIA L' U o r ' a /I r EDINGER AVE ��J Tax awl R•xIRM oFn. oYwx n PLANNING ZONING DM 20 SECTIONAL DISTRICT MAP 18-6-10 -- NOTE: ALL Gm-IOIS 11 FEET CITY OF ADOPTED APRIL 4, 1980 AxI xOAE 3 NDINo ANYAr IS IxTEND TO TO AN•0 THE`ENTER CITY COUNCIL ORDINANCE NO.760 Or SJDH RIGHT of wAr LEGEND AMENDED ORD.NO. AMENDED ORD.NO. HUNTINGTON BEACH 2-47-63 951 3-6-67 1304 SINGLE RESIDE ICE DI) 1-7-83 947 3-6.67 1304 2-4-83 931 10 2.67 IJ17 TR,Cr 9-5-83 992 10-2-67 1l53 Hlixwir"ECOMMfR�.a ExGIVRI;T 9-16-63 1004 2-5-86 1389 ® Drr¢E rRor[eelDxu ORANGE COUNTY, CALIFORNIA 4-I6-64 1048 4-IS-68 1422 4-20-81 1048 B-IT-68 1422 ® catwxTv LT-P-E 5NOLRTRICT 3-4-64 1056 10-IT-68 1448 ( LIMITED Nu - RESIDEx<E c.sTRlc- AMENDED BY ZONE CASE: 6-19-64 O79 0-6 Sze sETSAC' LINE 66-21,66-42,66-69 7-6-65 1152 11-3-69 1539 5Rn RESIDENTIAL RGRICDLTOR4 DISTRICT 109,221,2T5,267,3l8,34J.357,409,420,416.438,318,528,66-I,66-2, 10-19-65 1162 12-8-69 1542 0- CON91NED 191 OIL 66-70,66-67.67-23.GT-36.68-4.6846,68-27,69-25.69-29.69-30, 4-4-66 1195 4-4-66 1197 1z T 6-20-66 1216 1S le 10.3-66 1257 1s.7 ATLANTA 3 AVENUE J I I 1 1 1 ORIENT 3 � b 8 DR 3 RI RI RI jl -_R I , R I I ;R I RI RI = N i F = lit- a' E - 8 RI —IELD IPA—EA )RI< RIRI RI RI aRl DIS DR RA-0 RA-0 RI o E 1320 I _ I]20 RI RI = R I = N RI -' R 2 C...� 2: E — 6t S : —_ • RgBI.P97M-LA CAL:�!P14� __GP _ J a nD<w4TEn w wDIAx =.___- „: �._lN._-__.; _A WE49 CR J�- `-'1a! N( ,. d' y� _ DR s ° RI s 6w .__, R2 CR .NARB4P- ._ Rlc RI RI RI" W RI 1 RI RI BgoR21p `R2__�p� C2 m i s : 3 .__ ___ _� W nD 1 RErRERTRE[ E �H n 9�Y�Df-___ _ 91t______g_➢P_� ruRi RI RI �RI R2 7 ---I HAMILTON ^ WE RI RI RI S` RI R TTA DR ANI W DR - 98C� RI RI RI 4 $ R2 + RI RI s Ware-( �( 52.J4 BOBBIE CR. HAITI DR- OK CR RA-0 ' RI 3 .R3 1 R I 3 R I R I R I- R I - '"°" x JO `o - �RI� RI- e,( R3 NIGUEL CR. R I R I RI Y LI R. S LINE N U2 R1 U4 SEw SE<TIO -6-10 RI I)00t i vi A IA CR.i MALANIDR N R QI ICR flRl". RI 8 RI < RI fll 5 RI RIRI III I R 3RA D RHODESIA DR MOKINANA OR.R I RI R)D RI B RM DA R. HUDSON DR. ? I RI Rl W RI RI KAM UI DR. R I R I RAMBLER ESQ MAHALO DRo RI J RI 3 RI RA \\\ jl, 4 J R I D RI { e ] RI xy QKAPAA DR. �RANRI<R 7IN + 4 1 R I o -�,�o.r7oxA cR R � - ALOHA D a RI + S m RA-0 !-¢ R I RI RIB a RI D a BANNING AVE. n Ie e _ z4 n •zD PLANNING ZONING DM 26 SECTIONAL DISTRICT MAP . 23-5-II lin MrEET NOTE ALL Mo ARE I"r a or IN.CITY OF ADOPTED MARCH 7, 1960 ox A C. • or w•r xTExOLflDO� xv [-L TO TxLMLR CITY COUNCIL ORDINANCE NO.754 LEGEND�T AMENDED ORD.N0. AMENDED ORD.MO. Q REGDE-M.MRIEDLTURAL DISTRICT HUNTINGTON BEACH e-2°_6D 772 B-I-fib 234 O a Mx uL DeTRx I-3-61 8 1 1 12-19-68 1214 7-3-61 BSS I-3.67 12TB o S RESI.ExoCT DISTRICT II-6-BI 6T6 I-16-G7 1286 []cMuuxrrr R ix DISTRICT 12.4.61 677 1-I6.67 1291 Q LIOxT u• •T , DISTRICT ORANGE COUNTY CALIFORNIA I-15-62 BB6 2-2_67 384 —MATE a S CK LINE I-19-62 B66 1-15-68 1384 T 3-19-62 894 6-17-66 419 r Dxr TARD SET9•cx u AMENDED BY ZONE CASE: 5-7-62 Goo 6-17-68 1420 ® L�M,T E. SDE E DISTRICT 102,104,107.116,132.190.211.212,29,220. 9-'7-62 923 8-19-68 1435 0 TwD ErAImrL R¢iDEx¢LDsrRST xc 222.224,237,260,327,495,501,505.506.537,66.4,66-29 6-Z4-83 977 9-3.68 1439 ®PRDI 9DML.HOTEL a TRA.ER MISK DSTRICT 88-54.66-39.66-64,66-61,PP 68.4,PP 67-4,68-12,66-14 2-I1 I122 11-18-68 1131 3I-65 1123 3-17-69 1483 68-20,66-24,68-34,69-2.PP68.2, 4-5-65 1132 4-19-65 I I3 EDINGER I2-6-65 116: AVE } 4�"2 1 N RA C2 C2 J IRLDRIC. 1320 ro ( I _ 114 C4 3 BLUESA ILS R I °R 3j ORAE CR VOLGA R 3 OR. 3 R3 -' $ q Rr R 3 x STARK 3T STONEWOOD OR R 3 R 3 RI 3 3 RI MURDT- AMAZON DR R3 41 CANDLELIGHT CR BOIIOIKT N R3 R3 M I M R I L Y RHONE N. I i STARLIGHT CR MI — RI 1 R3 ' C4 RI RI RI RI S I AN1TA LN. R MOONLIGHT CA EEO RI OONALD Sr R I j J JULI N LIE TRACT x0 Sit R ES R 00 VALENTINE DR G , ,I GLENCOE AVE S - NANCT< DR w SUNLIIGGHT 3 DR RI RI R2 C4 R I $ R I t AL WIMBRA DR. HEIL RI RG C4 ° I AVE RIE R3 R3 RI CR DANUBE DR RI ]aU�JP'UPjJ RI V RI W op R3 R3 R3 R3 R3 R3 R3 R3 SEINE DR RI A �� RI C 4 RI As Ly'w DR. M I RI RI J RI 9 DON [HRYSLER R31 R3 JR3 R3 R'L M I RI I y J R3 C2 RHINE f 4 x ONE wilt M:w SW O. x u �'w TERM m -----------� N.xEx.q R IR33 R 3 C 4 RA °R3x R3. r N O. C. E C D C6-I W fi4! i000 540 G 3 _ W Rs R3 M R2 R5 R3 MI N` w �2 �61 R3 HC4 O R3 R 2 Q U J F °' ,Do- �4 R 5 x.MxwRT R 2 _ __T azoE !o' I 21 xe/ --IC �f�W� WARNER AVE PLANNING ZONING DM 31 loll SECTIONAL DISTRICT MAP 26 - 5 - II NOTE CITY OF O ADOPTED 4R 11,1980 yr,N CNDfiDO of wAr o*°E cE+*CR CITY COUNCIL ORDINANCE NANCE N0. 759 LEGEND•°0 AMENDED ORD.NO. AMENDED ORD.NO. FRT7 NESIDENTIAL AGRICULTURAL DISTRICT 0 TWO FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH °''°°' 860 1-20-1963 030 � 7-1-1981 849 I-IB-1963 1117 1� °-7-1981 880 3-IS-1983 1121 0 LIGHT SIHOUfTRIAL D1aTPl0T °-I°-IBeI 98B 4-5-1963 1132 10-2-1961 870 5-17-1965 1141 O 9N4LE F- RESID ENCE D I T 11-6-161 4-18-1964 12" LIMITED N oLE "" DISTRICT 8 NORANGE COUNTY, CALIFORNIA 4-196 977 1-1956 1234G— —ERGALGIST-T 8-7-1962 OO -3967 276 AMENDED BY ZONE CASE: 2.234963 955 1-3-1967 1280 SUFFIX LEGEND 101,148.172.187.192.202,208.211,212.237,304,312,313 4-1-963 958 3-6-1967 04 308,326,339,341,348,356.359,369,311,289,407,504.505,509.66-7.66-13,a 6-14,66-57.PP 66-3 4-I5-=3 962 3-20-1967 5 66-50,67-1.$1 67-22,PP 67-5.PP 69-1,PP69- 6-3-1963 970 9-I°-1967 1349 MAYAD GSE rf AwtAar 68-5196 992 1-15-1968 1383 ---- ULTITE RIGHT 9--19963 996 5-19-1969 1408 165 004 06-195 153 10 -19831007 10-2-71963 1010 o 24 11-19 19s3 10 c 2WARNER 20 AVE 660=TD E G1 R2 3 R5 ,� MI FIR OR. - 1 I•• fio C4 H CAIN AVE I I 1 R 2 °• SD f —— so N N N RA MI NMI R2° R2 , R2 - 4J m R 2 7UA R6fCEDAR AV. I D DMI I I R 2 R 2 R oM i I j RIR RI 1 LINE N" NE . R3 0 To f f 3 SEC 26.3-I BETTY OR n2.2> M I M I I M I T MANDRELL OR R3 RI R3 ' I � ' I R 3 � C4� U g I BARTON 01 �RlRI RI RI RI 3 I ' FORD J z R3 OR. g I I 3 vfo o To f R l $ I M M M M M J M M a: I Lss i i K RA TOE I. To g13 R3 R3_ R3 ' R3 R3. 4fj 66- _ AVE — ��D— W 41, C 4 M I R2 SPEER AV •�— RA I M I it R2 C4 6 AD M I M I M I R3 q7T �39f s R3 R2 C4 NEWMA\ MI R2 WI CI 3 I - RONALD Dfl. W l d R5 J R2 BI aEU p l - o f :R3-R3 w C4I.I R2 R31 R o R5 R5w a TALBERT AVE 0��cR PLANNING ZONING DM 32 SECTIONAL DISTRICT MAP 27-5-11 u.-. --- .-1, ADOPTED. AUGUST 15.196G NOTE CITY OF GIN COUNCIL ORDINANCE N0 765 s[ogEpxio wAT o THE —TER DE AMENDED ORD_N0. AMENDED ORD_ND. LEGEN T 4-20.1964 1048 12-16-68 1460 E®E REJIDENTMLLJCGRRe:M.TORAL MSmCr HUNTINGTON BEACH S-IB-1964 096 2-3-69 1468 RrI L'iwTaEwIPLE ILl 05TRIR B-15-1964 1962 3--T-69 1402 ® 00-11TVJ MIIE53 DISTAR7 9-21-1884 1083 6-I6-89 1507 R X GT RE]IDEWE DISTRICT 12-21-1964 1107 12-8-69 1541 MERCIAL o WT 1-4-1965 11 I I 12-8-69 1543 1-1e-1965 1117 ORANGE COU-N.TY, CALIFORNIA 4-5-1965 32 1 -5 1965 1182 6-20-1966 1216 E \\ 9-6-1966 1249 AMENDED BY ZONE CAS SUFFIX LEGEND: 10-204966 1263 413,426,428,445,471,483,486,488,505,525,66-18,66-31,66-45 95-1961 .345 --- sETDAta LIKE - 67-18,68-38,68-42.68-4769-1,89-I5,69-12,69-31, `\ -16-1969 1456 xe n WARNER \ AVE. I 11 I L 660, S FFRIR c-o ( 6 j 1 I R3 R3 R3 R 3 - .6ICi4IR3g'R3R3 -R3 R2 oU�'Li wE. w R T R G R3 4a 4 E oR RI RIL ExEIEN R "C2'RI _ ;R:lDR.Z cRERI J Ee RI I RA PALOPALO ALTO NENA DR. LIA RI JIr, , MR E.aNWE 14. URR RI R I R I RI MARCFLLENA DR. R I RI RI R I R I soMOMADR RI C.P,L K �E �+RI R RINDR Z MAPJ- R R y _NAM CR. DR. sx r 1 DR AIIAaa RI RI RI $ RI RII '_'RI aL' RI RI aK RI RI p RI OIM LOMA pR. C J 3ANTA�'i NE2 I U pP- RI 9PI_D OR - R I g R I WR i RI RI RI SLATER J o. .R II Fay. RI- _ s D � EENLET pq_ z wI _ RI R.I g RI _ R I NA DR. R� RA 4 ' RI /� euRl MC C. N.o ]RI wDR,�Y,GR R RTRIR 4RI& RI L RI R I I DR,cs c A CAPOxA DR 1uo z 2 —1 � FRI �I. RI RIUAD RI I-I RI F RI .PD:ES DR = RI aPDxEe DR RI aRROwxR I s D. DD Prrcx1 - R I R I RI RI RI � Rw,NTERG WM RI_ 1 RI a RI RI RI RI RI RI J i DR � _- �Z-laa- �l 1� U+ JEPRI RI RIEP � � „I DR to�= g: RA ' euMOR.L� J RI RI IMAI - w RI RI RI \ ep A� + /� I I R A MIA• DR F r\ Ri RI MIA RI 1ae R! a ucr D `Fq f E RI RI JzoJ 9 TALBERT AVE. ze n ' z7 ze 3]!• Ja JS PLANNING LOW DENSITY RESIDENTIAL DISTRICTS S . 9103 .3. 1 . 1. 3 S . 9103 .3 .1 .1 .3 Any lot recorded after the effective date of Ordinance 1469, March 19, 1969, shall provide open space of twelve hundred ( 1200) square feet with a. minimum dimension of twenty- five (25) feet within an area, behind the front yard setback and may be allocated as follows: (1533)- (a) A minimum open space of nine hundred (§00) square feet with a, .minimum dimension of twenty-five (25) feet may be allocated in one ( 1) area,. The remaining three hundred (300) square feet of open space may be divided into two (2) areas, each having a, mini- mum dimension of fifteen (15) feet; or (b) Open space may be divided into two (2) areas, each having'• a mini- mum area of six hundred twenty-five (625) square feet with a minimum dimension of twenty-five (25) feet . (c) For the purpose of this section, a, front yard setback shall be that area between the front property line and that line delineated on an approved plot plan by a, structure over forty-two (42) inches in height such as a dwelling, garage, fence .or wall which provides a physical separation between an area and the remainder of the lot . S . 9103 .3 . 1.2 Waterfront Lots . Waterfront lots with forty (40) feet or more of wa, er frontage, shall not be subject to the open spare requirement; however, this provision shall not exclude said lots from the requirements of Section 9103 .3 . (1469) S . 9103 .3 .2 Attached Garages Entered Directly From an Alley. Attached garages entered directly rom an alley need not setback further than five (5) feet from said alley provided the minimum turning radius requirement in S . 9106 . 1 is maintained . ( 1288) S . 9103 . 3 .3 Patio Covers in the Rear Yard . Unenclosed patios may be constructed to within five (5) feet of the rear property line . When .a lot abuts permanent open space, as defined in S . 9102.4, said patios may be constructed to the rear property line . For the purpose of this Section, fully ventilated , screened in patios may be considered unenclosed patios, but nothing herein shall be con- strued as permitting any solid wall or enclosed structure to encroach on the required rear yard . (1370) S . 9103 .4 Exceptions . S . 9103 .4. 1 Street Intersections . Within a, triangular area formed by measuring 25 feet along the front and exterior side lot lines of a, corner lot, there shall be no structure, fence, wall, hedge, or landscaping above 42 inches or below 7 feet that would obstruct vision. S . 9103.4.2 All Yards . S . 9103.4.2. 1 Paved Yards . Yard requirements shall not apply to paved area such as walks, driveways, and patio slabs . S . 9io3 .4.2.2 LOW DENSITY RESIDENTIAL DISTRICTS PLANNING S . 9103 .4.2.2 Architectural Features .. Architectural features, includ- ing eaves and fireplaces, may project to within thirty (30) inches of the side lot line and. four (4) feet into the required front and. rear yard , provided such features maintain a, minimum distance of five (5) feet from any portion of any other building on the same lot. In addition, an eave return may project to within eighteen (18) inches of the side lot line for a distance of twelve (12) feet . Said twelve (12) feet shall be measured from the beginning of the eave return at the front of the house . All eaves shall setback thirty (30) inches when over required windows . This provision shall not allow other architectural features to encroach closer than thirty (30) inches to any property line . (1288) S . 9103.4.2. 3 Open Unenclosed Stairways or Balconies : Open unenclosed st-airways or balconies, not covered by a roof or canopy, may extend four (4) feet into the required front yard. and. may extend into the required side yard to within three (3) feet of the property line. However, such stairways or balconies shall maintain a minimum distance of five (5) feet from any portion of any other building on the same lot . S . 9103 .4. 3 Fences, Walls, or Hedges . As provided in Section 9104, fences, walls or hedges may be located in the required yard areas . S . 9103 .4.4 Accessory Buildings . As provided in Section 9105, accessory buildings may be located in the required yard area. S . 9103 .4.5 Screened-In Yard Enclosures .. All screened roof and sides, pool or yard enclosures may be constructed along the rear and side property lines in the rear two thirds (2/3) of the lot when constructed of metal framing . I S . 9104 Rl DISTRICT, FENCES, WALLS OR HEDGES . Fences, walls or hedges may be located on a portion of the lot as follows : (1370, 1553-2/70) (a,) Fences, walls or hedges which do not exceed forty-two (42) inches in height may be located on any portion of the lot . (b) Fences, walls or hedges which d.o not exceed six (6) feet in height may be located in the required side and rear yards, except that when residential property abuts property zoned or used. for commer- cial, industrial or professional purposes or when such residential property abuts open or public land, an eight (8) foot high solid masonry or block wall may be constructed on the property and may be constructed along the common property line . (c) Garden or wing walls or fences which may be equal in height to the first floor double plate but not exceeding nine (9) feet may be constructed to the property line within the required interior side yard setback and to within five (5) feet of the exterior side prop- erty line provided such walls or fences are constructed perpendic- ular to either the main dwelling or the side property line and are equipped with a, three (3) foot wide accessway or gate . (d ) Any fence or wall exceeding six (6) feet in height shall meet all other provisions of this article pertaining to fences, walls or .hedges not exceeding six (6) feet in height. FULL CODE HUNTINGTON BEACH ORDIPANCE CODE CHANGES (Updated 2/13/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE S. 3432.1 S. 3432.1 Correction S. 4035 S. 4035 1/5/70 - � S . 4037(1) 1/5/70 S. 9430 S. 9430 2/19/70 S. 9432 S. 9432 2/19/70 S . 9450 S. 9450 2/19/70 S . 9470 S. 9470 2/19/70 S. 9790 S. 9790 2/19/70 S. 9792 S. 9792 HEALTH WATER DEPARTMENT S . 3432. 1 S . 3432. 1 Water Rates : Construction Purposes : All construction water shall be taken from existing outlets designated by the Water Department or from special outlets installed at the expense of the consumer. , If•in the determination of the Water Department, the setting of a meter is impracticable or uneconomical for the supply of construction water, the charge for such unmetered water shall be -as follows : (1) Housing Tracts or Sub-divisions will be a flat rate of $5.00 per unit during construction. (2) General Construction: (a) For each one-hundred (100) lineal feet of curb - Twenty cents ($0. 20) . (b) For each one-hundred (100) square feet of sidewalk - Ten cents ($0. 10) . (c) For each one-hundred (100) square feet of concrete pavement - Twenty cents ($0. 20) . (d) For each barrel of cement used for other construction - Ten cents ($0. 10) . (e) For settling each one-hundred (100) lineal feet of backfill in trenches not over three (3) feet in- depth and two (2) feet in width - Eighty cents ($0.80) . (f) For larger trenches a proportional charge shall be made as estimated by the Water. Department. (g) For settling each one-hundred (100) square feet of graded street - Ten cents ($0. 10) . (h) For settling filled ground a charge will be made for a quantity of water equal to one-third the cubic contents of the fill at a rate of Twenty cents ($0. 20) per one- hundred (100) cubic feet. (i) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the Water Department and charged at the rate of Twenty cents ($0. 20) per one- hundred (100) cubic feet. (792) S . 3432. 2 Water Rates . Other Uses . Schools . Fairgrounds , Etc : 9 Water used for any purpose not hereinbefore enumerated, or for schools , hospitals and similar uses , shall be furnished and charged for either at meter rates or at a special rate to be fixed by the City Council under separate agreement with the consumer. (674) S . 3432.3 WATER DEPARTMENT HEALTH S . 3432.3 Private Fire Service Rates : The monthly rates for private fire service protection shall be at the follow- ing flat rates : Size of Service Monthly Rate 2 inch or less $ 2.00 3 inch 3 .00 4 inch 4 .00 6 inch 6 .00 8 inch 8 .00 10 inch 10.00 12 inch 12.00 (751) S . 3432.4 COMMODITY ADJUSTMENT CLAUSE. This clause shall be applicable to the areas served by the City of Huntington Beach. Water charges will be based on the per cent use of pumped water as against purchased water and their related costs . The base year shall be 1965-66 . COST IN BASE YEAR. 1. Orange County Water District Tax per acre foot $ 11.00 2. Metropolitan Water District. Cost per acre foot, West Orange County Feeder 33 .00 East Orange County Feeder 37 .00 Schedule rate charges in all rate blocks will be adjusted when gross costs per acre foot are above the base year as follows : $0.00 to $3 .99 per acre foot change $0.01 - Per 100 Cu. Ft. 4. 00 to 7 .99 per acre foot change 0.02 - Per 100 Cu. Ft. 8 .00 to 11.99 per acre foot change 0.03 - Per 100 Cu. Ft. 12.00 to 15.99 per acre foot change 0.04 - Per 100 Cu. Ft. 16 .00 to 19.99 per acre foot change 0.05 - Per 100 Cu. Ft. 20.00 to 23 .99 per acre foot change 0.06 - Per 100 Cu. Ft. 24 .00 to 27 .99 per acre foot change 0.07 - Per 100 Cu. Ft. 28.00 to 31.99 per acre foot change 0.08 - Per 100 Cu. Ft. 32.00 to 35.99 per acre foot change 0.09 - Per 100 Cu. Ft. Minimum charge shall increase in direct proportion to the increase in rate blocks under the Commodity.Adjustment Clause . (1217) SAFETY GENERAL S . 4035 S . 4035 VIOLATION: PUNISHMENT. Any person violating any provision of this Article shall be deemed guilty of a, misdemeanor and upon conviction shall be punished as follows : (a.) lst Conviction . Upon the first conviction thereof, by imprison- ment not exceeding 3 months or by a fine not exceeding $200.00 or by both such imprisonment and fine . (b) 2nd, 3rd , 4th Convictions . Upon a, second , third or fourth con- viction, by imprisonment not less than 10 days or not more than 3 months or by a, fine of not less than $25 .00 or not more than $300.00, or by both such fine and imprisonment . (c) 6th to 10th Conviction . Upon a, sixth or any subsequent conviction not exceeding the tenth conviction, by imprisonment not less than 20 days nor to exceed 6 months . (d) llth to 15th Conviction . Upon the eleventh or any subsequent conviction not exceeding the fifteenth conviction, by imprison- ment not less than 1 month nor more than 6 months . (e) 16th to 20th Conviction. Upon the sixteenth conviction and any subsequent conviction not exceeding the twentieth conviction, not less than 2 months or more than 6 months . (f) 21st to 30th Conviction . Upon the twenty-first conviction and not exceeding the thirtieth conviction, by imprisonment not less than 3 months nor more than 6 months . (g) 31st to 40th Conviction. Upon the thirty-first conviction or any subsequent conviction not exceeding the fortieth conviction, not less than 4 months nor more than 6 months . (h) 41st or Subsequent Conviction . Upon the forty-first conviction or any subsequent conviction, not less than 5 months nor more than 6 months . (72,508) s . 4036 FINALITY OF SENTENCE. Said penalties shall be imposed with- out right of suspension of probation . (72, 5o8) S . 4037 DISORDERLY CONDUCT. Every person who commits any of the following acts shall be guilty of disorderly conduct, a, mis- demeanor: (a) Who solicits anyone to engage in or who engages in lewd or dis- solute conduct in any public place or in any place open to the public or exposed to public view. (b) Who solicits or who engages in any act of prostitution . As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration. (c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms . s i S . 4037 (d) GENERAL SAFETY (d ) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act . (e) Who loiters or wanders upon the streets or from place to place without apparent reasons or business and who refuses to identify himself and to account . for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a, reasonable man that the public safety demands such identification . I i (f) Who is found in any public place under the influence of intoxicat- ing liquor, or any drug, or the influence of toluene or any sub- stance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any com- bination of any intoxicating liquor, drug, toluene or any such poison, in such a, condition that he is unable to exercise care for his own safety or the safety of others, or by reason of his being under the influence of intoxicating liquor, or any drug, or the influence of toluene or any substance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any combination of any intoxicating liquor, drug, toluene or any such -poison, interferes with or obstructs or prevents the free use of any street, sidewalk or other public way. (g) Who loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof. (h) Who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or win- dow of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof. ( i) Who lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof. In any accusatory pleading charging a: violation of subdivision (b) of this section, if the defendant has been once previously con- victed of a, violation of such subdivision, such previous conviction shall be charged in the accusatory pleading, and if such previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a, court trial, or is admitted by the defendant, the defendant shall be imprisoned in the county jail for not less than forty-five (45) days and shall not be eligible for release upon completion of sentence, or on parole, or on any other basis until the defendant has served not. less than forty-five (45) days in the county jail. In no such case shall the trial court grant probation or suspend the execution of sentence imposed upon such person . i SAFETY GENERAL S . 4037 ( i) In any accusatory pleading charging a, violation of subdivision (b) of this section, if the defendant has been previously convicted ' two or more times of a violation of such subdivision, each such previous con- viction shall be charged in the accusatory pleading, and if two or more of such previous convictions are found to be true by the jury, upon a, jury trial, or by the court, upon a, court trial, or are admitted by the defendant, the defendant shall be imprisoned in the county jail for not less than ninety (90) days and shall not be eligible for release upon completion of sentence, or on parole, or on any other basis until the defendant has served not less than ninety (90) days in the county jail. In no such case shall the trial court grant probation or suspend the execution of sentence imposed upon such person . S . 4038 PENALTY. Any person convicted of a, violation of any pro- vision of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment . (1550, 1/5/70.) s S . 4041 GENERAL SAFETY ARTICLE 404 REGISTRATION OF PERSONS 7 S . 4041 REGISTRATION OF CONVICTED CRIMINALS . Every person who, within 20 years prior to the . effective date of this ordi- nance, has been or who is hereafter convicted , in or on parole or probation from any Federal Court or the Courts of this State, or any State of the United States, of or from any felony, or any mis- demeanor involving narcotic or hypnotic drugs under the laws of the State of California, or of any State of the United States, or of the United States of America., and for such violation committed to a penitentiary either State or Federal, (except in the case of a. misdemeanor involving narcotic or hypnotic drugs, in which case there shall be no requirement of commitment to a penitentiary for this Section or Sections 4042, 4043, 4044, 4045, 4046 and 4047 to apply) who comes into the City of Huntington Beach from any point outside of such City, whether in transit through said City, or other- wise, and every such person who at the time this Ordinance becomes • effective is residing or is at present within said City of Huntington Beach, shall report to the Chief of Police of said City of Huntington Beach within 48 hours after his arrival within the boundaries of said City, and shall furnish to such Chief of Police in a written statement signed by such person, the true name of such person and each other name or alias by which such person is or has been known, a. full and com- plete description of himself, the na.me of each crime hereina.bove in this Section enumerated of which he shall have been convicted, together with the name of the place where each such crime was committed , the name under which he was convicted , and the date of the conviction there- of, the name, if any, and location of each prison, reformatory or other penal institution in which he shall have been confined as punishment therefor, together with the location or address of his residence, stopping place or living quarters in said City, and each one thereof, if any or the address or location of his intended residence, stopping place, or living quarters therein, and each one thereof with a, descrip- tion of the character of such place, whether a. hotel, apartment house, dwelling house, or otherwise, giving the street number thereof, if any or such description of the address or location thereof as will so iden- tify the same as to make it possible of location, and the length of time for which he expects or intends to reside within the territorial boundaries of said City. At the time of furnishing such information, said person shall be photographed and fingerprinted by said Chief of Police, and said photo- graph and fingerprints shall be made a part of the permanent record herein provided for. (656) PLANNING COMMERCIAL DISTRICTS S . 9430 ARTICLE 943 C2 COMMUNITY BUSINESS DISTRICT S . 9430 USES PERMITTED S . 9431 LIMITATIONS ON PERMITTED USES S . 9432 SETBACK ENCROACHMENT AND OUTSIDE DISPLAY AND/OR STORAGE S . 9433 OFF-STREET PARKING S . 9434 YARD REQUIREMENTS S . 9435 DEVELOPMENT STANDARDS S . 9430 USES PERMITTED. The following permitted uses and regula- tions shall apply in the C2 Community Business District, subject to approval of an Administrative Review application by the. Board of Zoning Adjustments . (1029, 1108, 11945 1549-1/70) S . 9430.1 All uses permitted in the Cl zone, under provisions of Lnv C1 Regulations . S . 9430.2 The following retail stores : ( 1532) A Automobile sales agencies, with incidental repairs and service . Automobile accessory dealers . B Bakeries (not more than seven (7) employees and with .all goods sold on premises)-. Bicycle sales . Boats and marine supplies . C Clothing stores . D Department stores E Electrical supply shops . F Feed and fuel stores (entirely within a building devoted to retail sales) . Florist shops . Frozen food lockers ( retail only) . Furniture stores . I Ice storage houses (limit capacity to five (5) tons) . J Jewelry stores L Liquor stores, and on-sale liquor establishments . M Motorcycle dealers - with incidental repairs and service . Mobile trailer sales N News stands . P Paint stores . Pet shops . Photographic equipment and supplies. Plant nurseries . Plumbing supply shops. Printing shops . S Super markets . S . 9430.3 Auditoriums, meeting halls, for fraternal and service organizations . S . 9430.4 Business colleges and private schools . Y S . 9430.5 COMMERCIAL DISTRICTS PLANNING S . 9430.5 The following services: A Animal clinics (no outside kennel runs or overnight care shall be .permitted) - Automobile minor repair such as glass, shock absorber, muffler and brake replacement, etc . , but shall not include body shops or general repair shops . B Banks . Blueprinting and photostating. Bowling alleys, billiards, pool halls . C Cafes and restaurants. Catering establishments. D Dry cleaning establishments using no more than two (2) clothes cleaning units, none of which shall have a rated capacity in excess of forty (40) pounds, using cleaning fluid which 'is non- explosive and non-inflammable at a temperature below one hundred and thirty-eight (138) degrees Fahrenheit. E Electric distribution, substations . G Gasoline service stations, including tire shop and minor repairs. M Medical and dental laboratories . Movie theaters . Music conservatories . P Public garages . S Savings and loan associations. Skating rinks ( ice or roller skating) . S . 9430.6 The Following Uses May be Permitted Upon Approval of a Site Plan Application by the Planning Commission. 1. Establishments which offer on premise sale and consumption of alcoholic bevera es and those which offer live entertainment of customers . (135 ) S . 9430.7 Use Permits. The following uses may be permitted in this district subject to an approval of a Use Permit applica- tion. ( 1549-1/70) � . 9430.7.1 Gasoline Service Stations, including limited tire dis- play and minor repairs . (1549-1/70) .i . 9431 LIMITATIONS ON PERMITTED USES IN C2 ZONES. Every use per- mitted in a C2 Zone shall be subject to the following con- ditions and limitations: (a) Storage shall be limited to accessory storage of commodities sold at retail on premises . (b) Products made incidental to a permitted use shall be sold only at retail on premises. ( c) Not more than seven (7) persons may be employed in such processing and treatment of products . PLANNING COMMERCIAL DISTRICTS S. 9432 S . 9432 SETBACK ENCROACHMENT AND OUTSIDE DISPLAY AND OR STORAGE OF MERCHANDISE: 1395.) S . 9432.1 Purpose and Intent. The purpose and intent of this Section is to establish regulations that will limit the type , height, and bulk of structures and/or buildings permitted within the required front and/or exterior side yard setbacks . This Section is intended to limit the outside display and/or storage of merchandise sold on premises to those items normally conducted in the open. It is further intended that one or more of the following criteria shall provide standards for which structures , buildings , display and/or storage may be permitted. (a) Duration (temporary or permanent) (b) Landscaping to be provided (c) Method of display and/or storage (d) Amount of display and/or storage to be provided in relation to the use , (size and location of area to be used) . (e) Guarantee of removal (temporary display and/or storage) (f) Vehicular and pedestrian access (g) Visibility at driveway intersections (h) Off-street parking S . 9432.2 Non-conforming Display and/or Storage Any noncon- forming display and/or storage within the required set- back shall be completely removed or changed to conform with the re- quirements of this Section within three (3) months after the time this Section takes effect or when such use becomes non-conforming. Any use made non-conforming by any requirement of this Section shall be made to conform with this Section or shall be completely removed within one year after the time this Section takes effect or when such use becomes non-conforming. S . 9432.3 Display and/or Storage Permitted. Outside display and/or storage of the following items may be permitted within or behind the required setback, subject to Administrative Review by the Board of Zoning Adjustments. Said review shall insure that the display and/or storage is developed in a manner compatible with the intent of this ordinance: (a) Merchandise which is offered at special events such as grand openings , business anniversary sales , change of ownership or management and change of business address . Approval is not intended to be permitted for events such as clearance sales, weekly .sales , specials , etc. (b) New tire display (not to exceed ten (10) tires .) l S . 9432 .3 (c) COMMERCIAL DISTRICTS PLANNING (c) Sale of automobiles,. boats, trucks, cycles, trailers, campers, mobile homes, and similar type vehicles; provided that: (1) A landscape plan is submitted showing a three (3) foot wide strip of landscaping along the entire frontage . Said plan shall provide for pedestrian circulation . The landscaping required herein shall be in add.ition to the landscaping required by Article 979 and subject to the requirements con- tained therein . (2) All landscaping within five (5) feet of a, public right-of- way shall be submitted to the Department of Public Works for approval, according to the latest adopted. landscaping standards . . (1548-1/70) (d ) New motorized garden equipment display, subject to the landscap- ing requirements of Subsection (c) contained herein . S . 9432 .4 Retail Merchandise . Outside display and/or storage of the following items may be permitted behind the setback: �a, Rental equipment b� Lumber (the height of which shall not exceed the screen wall height) (c) Sacked fertilizer (the height of which shall not exceed the screen wall height) d Growing plants or nursery stock e Masonry items (brick, cement and stone) f Patio and lawn type furniture g Utility trailer rentals S . 9432 .4. 1 Said display and/or storage shall be permitted provided they are behind the setback and screened from view on all sides and rear by a six (6) foot high decorative masonry wall, building or gate . The front shall be screened from public view by the use of fencing, buildings, landscaping or any combination thereof, subject to Administrative Review by the Board of Zoning Adjustments . S . 9432 .5 Automobile Service Station Merchandise . The following items may be permitted within the required setback: (a) Miscellaneous items offered for customer convenience and other related incidental items such as oil, wiper blades, etc . Dis- play of such items shall be limited to pump islands and adjacent to the building . S . 9432 .6 Structures and/or Buildings . The following structures and/or buildings may be constructed within the required setback, subject to the cond.itions contained herein: PLANNING COMMERCIAL DISTRICT S . 9450 ARTICLE 945 C3 DISTRICT So 9450 GENERAL BUSINESS DISTRICT S . 9451 USES PERMITTED S . 9452 BUSINESS OFFICES S . 9453 SPECIFIC BUSINESSES S . 9454 OTHER SIMILAR USES S . 9455 ACCESSORIES S . 9456 PARKING REQUIREMENTS S . 9457 YARD REQUIREMENTS S . 9450 GENERAL BUSINESS DISTRICT : Provisions Applicable . The . following provisions shall apply in the C3 District : S , 9451 USES PERMITTED. Any uses permitted in the Cl, C2 and C4 District except hospitals , convalescent hospitals , sanitariums or rest homes . Uses subject to approval of a Site Plan Application in the Cl, C2 and C4 Districts under the same provisions regulating such uses . (1358) S . 9452 BUSINESS OFFICES. Offices of persons engaged in businesses , professions , or trades . (495) S 9453 SPECIFIC BUSINESSES : Subject to the further provisions of this Article, the following businesses are permitted : (1549-1/70) Auditoriums Automobile Parking Barber Shops Bakery, retail Beauty Parlors Book or Stationery Stores Cabinet Shops Churches Clothes Agency or Pressing Establishment Conservatories and Studios, but not Motion Picture Studios (1194) Dressmaking Shops Drug Stores Dry Goods or Notions Stores Feed and Fuel Stores Florist Shops Ga r.A.g e s Grocery and Fruit Stores Hardware and Appliance Stores (961, 1194) Hotels Meat and Delicatessen Stores Mercantile Stores and Markets Newspaper Publishing t S . 9454 COMMERCIAL DISTRICT PLANNING Photographer Plumbing Shops Printing Shops Radio Sales and Repair Shops Restaurants, Cafes Shoe Repair Shops Shoe Shops Storage of goods enclosed within a. building, but not General Warehouses Tailor Shops Theaters Tire Shops Trade Schools Undertaking Used Automobile Sales, but it shall be unlawful to store or offer for sale on any used car lot, any vehicle which is not in condition to be legally operated upon any California State Highway. (495) S . 9454 USE PERMITS . The following uses may be permitted in this district subject to approval of a Use Permit application (1549-1/70) S . 9454. 1 Gasoline Service Stations, including limited tire dis- play and minor repairs . (1549-1/70) PLANNING COMMERCIAL DISTRICT S . 9470 ARTICLE 947 C4 HIGHWAY COMMERCIAL DISTRICT llg , 13 0 S . 9470 STATEMENT OF INTENT AND PURPOSE S . 9471 USES PERMITTED S . 9471. 1 Motels and Hotels S . 9471.2 Yard Requirement for Dwelling, Hotels, Motel Uses S . 9471.3 Public and Quasi Public Uses S . 9471. 3 (a.) Parking Requirements S . 9471.4 Professional Services and Offices S . 9471.4 (a) Parking Requirements S . 9472 USE PERMITS S . 9472 . 1 Trailer Parks S . 9473 HEIGHT LIMITATIONS - ALL USES S . 9475 DEDICATION AND IMPROVEMENTS S . 9470 STATEMENT OF INTENT AND PURPOSE: (a) This district is generally intended for land and structures to provide hotels and motels for transients, and vacation visitors with convenient access along heavily traveled highway frontage . Additional uses such as churches and professional services are likewise included . (b) It is further intended to provide controlled commercial uses on a, highway location where it is not detrimental to adjoining property development . S . 9471 USES PERMITTED. The following uses shall be permitted in the C4 District subject to approval of an Administrative Review application by the Board of Zoning Adjustments . (1549-1/70) S . 9471. 1 Motels and Hotels (a.) Minimum Lot Area: The minimum lot area for motels and hotels shall be 9000 square feet . (b) Minimum Frontage: The minimum frontage for motels and hotels shall be 70 feet. (c) Location and Access: All motels shall be located on and take vehicular access from an arterial highway. Said arterial highway shall be depicted on the Master Plan -of Arterial Streets and High- ways . (1366) S . 9471.2 COMMERCIAL DISTRICT PLANNING S . 9471.2 Yard Requirements for Motels and Hotels : (a) Front Yard : The minimum front yard shall be five (5) feet . Parcels fronting on a State Highway shall be required to setback a, minimum of fifty (50) feet from the ultimate right-of-way. (b) Side Yard • Interior: The interior side yard shall be five (5) feet. Exterior: The exterior side yard shall be ten (10) feet. (c) Rear Yard : The minimum rear yard shall be five (5) feet, except where a, permitted use abuts an R1 District, then a minimum rear yard of fifteen ( 15) feet shall be provided . S . 9471. 3 Public and Quasi-Public Uses: (a) Churches, Clubs and Lodges: 1. The arrangement, access, and number of all parking spaces and/or lots shall conform to Article 979• 2 . Ten percent of the parking area shall be landscaped and per- manently maintained . (b) Minimum Area.: The minimum lot area of churches and lodges shall be 7000 square feet . (c ) Minimum Frontage: The minimum frontage for churches and lodges shall be sixty 60) feet . (1340) S . 9471.4 Professional Services and Offices: Professional services may be located in a, professional business building or other office structures, and not necessarily within a hotel or motel. Professional offices are defined a,s an office for the con- duct of any one of the following uses only: Accountant, architect, attorney, chiropractor, collection agency, dentist, engineer, insurance broker, optometrist, physician and surgeon, private detective, real estate sales, social worker, surveyor, pharmacies, diagnostic laboratories, bio-chemical laboratories, where they do not exceed 1500 square feet in gross floor area,. (a) The arrangement, access, and number of all parking spaces and/or lots shall conform to Article 979. (1340) PLANNING OFF-STREET PARKING S . 9790 ARTICLE 979 OFF-STREET PARKING 1172 S . 9790 INTENT . The intent of this Article is to establish mini- mum development standards for off-street parking areas which are in the residential, commercial and industrial zones . This Article is also intended to establish development standards for com- mercial parking lots or structures . It is further intended to establish landscaping and maintenance standards for such parking areas, lots or structures . (1548-1/70) S . 9791 PARKING STANDARDS S . 9791. 1 300 Parking: All parking lots designed to have 300 park- ing stalls shall conform to the standards delineated in Section 9791.6 . S . 9791.2 450 Parking: All parking lots designed to have 450 park- ing stalls shall conform to the standard.s delineated in Section 9791.7 . S . 9791.3 600 Parking: All parking lots designed to have 600 park- ing stalls shall conform to the standards delineated in Section 9791.8. S . 9791.4 900 Parking: All parking lots designed to have 900 park- ing stalls shall conform to the standards delineated in Section 9791.9, Part 1. S . 9791.5 Parallel Parking: All parking lots designed to have parallel parking shall conform to the standards delineated in Section 9791. 1, Part 2 . PLANNING OFF-STREET PARKING S . 9792 S . 9792 IMPROVEMENTS: All areas used for off-street parking shall be improved as follows : S . 9792 . 1 Fencing. This Section is intended to screen parking lot from the street in ord.er to improve or maintain the aesthetic qualities of the neighborhood . (1239) S . 9792 . 1. 1 Front Yard and Exterior Side Yard . A thirty-two (32) inch high masonry wall, measured. at the property line and from the finished grade of the sidewalk, shall be constructed parallel to the front and/or exterior side lot lines . Said wall shall be no closer than five (5) feet to the front and/or exterior side lot line when across the street from a residential zone and no closer than three (3) feet when across from any other zone . (1239) (a) Sight Clearance Setback: Said wall shall be setback five (5) feet from the edge of a driveway or alley. (1239) (b) Pedestrian Walkways: Pedestrian walkways, not to exceed five (5) feet in width may bQ permitted at intervals of fifty (50) feet . S . 9792. 1.1. 1 Variations: Variations to said fencing requirements may be approved by the Board of Zoning Adjustments as an administrative act . This . Section is intended to allow architectural variation to the fencing requirements through design and imaginative use of building materials . (1239) S . 9792 . 1.2 Side Yard or Rear Yard . A six (6) foot high masonry wall shall be constructed along the side or rear lot line when abutting a, residential zone . Said wall shall be reduced to three and one-half (32) feet where abutting the front yard of an adjoining lot . S . 9792. 1.3 Abutting Alley. A three and one-half (32) foot high masonry wall shall be constructed parallel to an alley. Said wall shall be measured at the property line and from the finished grade of said alley. Said wall shall be setback five (5) feet from the edge of driveways for sight clearance . (1239) S . 9792 .2 Landscaping. All required landscaping shall be distri- buted within the off-street parking_ areas except land- scaping required by Section 9432, which shall be along the front property , line . All landscaping within five (5) feet of a, public right-of-way shall be subject to the Department of Public Works approval, according to the latest adopted landscaping standards . (1289, 1395, 1,�48-1/70) S . 9792 .2 . 1 Open Areas . All open areas between required. walls and property lines shall be landscaped and permanently maintained . S . 9792.2 .2 Percentage of Landscaping. A minimum of . three (3) percent of the site shall be land.sca.ped . Said landscaped area shall be d.etermined by calculating three (3) percent of the net area of the entire development . (1239) S . 9792 .2 . 3 Hose Bibbs . Hose bibbs shall be provided in all land- scaped. areas . (1239) S . 9792.2 .4 OFF-STREET IMPROVEMENTS PLANNING S . 9792 .2 .4 Physical Protection for Landscaping. All land.scaping shall be protected. from vehicle and. ped.estrian damage by a six (6) inch high curb . Ad.ditiona.l vehicular protection shall be provided by one of the following methods: a Wheel bumpers b Concrete curbs c Any other design or method that will provide protection which is acceptable to the Building Department. (1395) S . 9792.2 .5 Curbs . All landscaped areas shall be separated from adjacent parking areas by a wall or curb that is at least six (6) inches high. S . 9792 .2 .6 Height of Boundary Landscaping. For traffic safety vision, the height of all boundary landscaping within five (5) feet of an alley or drive shall not exceed thirty-two (32) inches . Measurement of said five (5) feet shall be taken from the entrance or exit points of the alley or drive . S . 9792 .2 .7 Maintenance . All landscaping shall be maintained in neat, clean, and healthy conditions . Maintenance shall include proper pruning, mowing of lawns, weeding, removal of letter, fertilizing, replacement of plants when necessary, and regular watering. S . 9792.3 Paving. All paving shall conform to Building Department Standards . S . 9792 .4 Striping . (1239) S . 9792 .4. 1 Parking Spaces . All required parking spaces shall be striped . S . 9792 .4.2 Centerline of Drives . The centerline of all drives shall be striped at the entrance and exit to a parking lot . (1239) S . 9792 .5 Lighting. Lights used to illuminate any parking lot shall be reflected toward the parking lot and away from adjoining properties . S . 9792 .6 Physical Protection for Fencing. All fences must be pro- tected. from vehicle damage by one or more of the following methods : 1. Pine Protectors . 2. Wheel Bumpers . 3 . Concrete curbs . 4. Any other design or method that will provide protection which is acceptable to the Building Department . Physical protection shall also be required. by herringbone parking or wherever determined necessary by the Building Department for safety reasons . (1370) S . 9792 .7 Drives . (1239) S . 9792 .7 . 1 Driveway Width. The minimum driveway width shall be twenty ?0 feet when: a The d.riveway is along the rear and/or side of a building. b The parking area is on one side of the driveway. c Two-way d.riving is desired between parking bays . (1239) S . 9792 .7 .2 Corner Cut-Off . A corner cut-off of ten- (10) feet shall be provided at the intersection of two drives when such drives are located adjacent to the rear and side of a build.ing. (1239) FULL CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 1/27/70) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE EFFECTIVE DATE s. 0038.1 s. oo338.1 1/8/70 S . 0047.6 S. ON7.6 1/8/70 S. 6171 s. 6171 1/15/70 S. 7711 S. 7711 1/15/70 v _ GENERAL PROVISIONS S . 0038. 1 S . 0038.1 Gender. Words used in the masculine gender include the feminine and neuter. S . 0038.2 Tense . Words used in the present tense include the future . S . 0039 If any section, subsection, sentence, clause, phrase or por- tion of this code, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall . riot affect the validity of the remaining portions of this code, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconsti- tutional. (1540-12/69) ENFORCEMENT S . 0041 VIOLATION: MISDEMEANOR. Any person who violates or will- fully fails to comply with any provision of this Code is guilty of a misdemeanor. S . 0042 CONTINUING VIOLATION. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of this Code is committed, continued or permitted, by such person, firm or corporation, and shall be punishable therefor as herein provided.. S . oo43 PENALTY. Any person convicted of a misdemeanor under the provisions of this Code (unless otherwise provided herein) shall be punishable by imprisonment in the City Jail, of the City of Huntington Beach, if there be one, or in the County Jail of Orange County, as the Judge of a court of competent jurisdiction may direct, not exceeding six (6) months, or by fine not exceeding five hundred dollars ($500.00) , or by both fine and imprisonment . S . oo44 RATIO OF IMPRISONMENT TO FINE. Any judgment of fine shall direct that in default of the payment of such fine, the defendent shall be imprisoned, until such fine be satisfied; provided, that in case of such imprisonment for failure to the fine, the amount of the fine shall be reduced two dollars (�ay 2.00) for each day so imprisoned . S . oo45 FORM OF ACTION. A violation of this Cod.e may be prosecuted by the City Council of the City of Huntington Beach in the name of the People of the State of California, or it may be redressed by civil action at the option of the Council. S. o046 ABATEMENT OF NUISANCE. Whenever a public nuisance is main- tained or exists in his City, either under general law or defined to be such under this Code, it shall be the duty of the police of this City, and. they are hereby authorized and empowered., to summarily abate the same by removal, destruction or abatement of the act or thing constituting such nuisance . (588) S . 0047 GENERAL PROVISIONS S . 0047 ISSUANCE OF CITATIONS FOR VIOLATION OF CITY ORDINANCES . S . 0047. 1 When Person Arrested to be Given Notice to Appear Whenever a person is arrested for a violation of any or finance of the City of Huntington Beach and such person is not immediately taken before a mac.istra.te as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare in duplicate a written notice to appear in Court, containing the name and. address of such person, the offense charges, and the time and. place where and. when such person shall appear in Court. (696) S . 0047.2 Time for Appearance. The time specified. in the notice to appear must be at least five days after such arrest. (696) S . 0047.3 Place of Appearance . The place specified in said. notice to appear shall be before a Judge of the Justice Court of the Huntington ''each-Seal Beach Judicial District, or before an officer authorized by the County of Orange to receive a deposit of bail. (696) S . 0047.4 Delivery of Copy to Arrested. Person; Release upon Signing Duplicate Notice . Said. officer shall deliver one copy of the notice to appear to the arrested. person and. the arrested. person in order to secure release must give his written promise so to appear in Court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the• person arrested. from custody. (696) S . 0047.5 Filing of Duplicate Notice • Fixing Bail• De osit of Bail.- Forfeiture; Order of No Further Proceedin s . Said. Officer shall, as soon as practica, le, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which is his judgment, in accordance with provisions of Section 1275 of the Penal Code of the State of California, will be reasonable and sufficient for the appearance of the defendant and. shall endorse upon the notice a statement signed by him in the form set forth in Section 815 (a) of the Penal Code of the State of California. The defendant may, prior to the date upon which he promised. to appear in Court, deposit with the magistrate the amount of bail thus set. There- after, at the time when the case is called. for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited., and. may in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had., all sums deposited as bail shall forthwith be paid to the county treasury for distribution pursuant to Section 1463 of the Penal Code of the State of California. (696) I GENERAL PROVISIONS S . 0047 .6 S. 0047.6 Issuance of Warrant for Arrest . No warrant shall be issued on such charge for the arrest of a person who has given such written promise to appear in Court, unless and until he has vio- lated such promise, or had failed to deposit bail, to appear for arraignment, trial or judgment., or to comply with the terms and pro- visions of the judgment as required by Law. (696) S . 0047.7 Violation of Promise to Appear. Any person willfully violating his written promise to appear in Court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested . (696) S . 0047.8 Issuance of Arrest, Warrant on Failure to A ear. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided herein, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised , or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense . When such person violates his promise to appear before an officer authorized to receive bail, other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (696) NOTICES S . 0051 SERVICE OF NOTICES . Whenever a notice is required to be given under this Code (unless d.ifferent provisions are otherwise specifically made herein) such notice may be given either by . personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid , add.ressed to such person to be notified , at his last known business or residence address as the same appears in the public records or other records pertaining to the matters to which such notice is directed . Service by mail shall be deemed to have been completed at the time of deposit in the post office . S . 0052 PROOF. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by affidavit of any person over the age of eighteen (18) years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned . - o S . 0053 GENERAL PROVISIONS S . 0053 The termination or suspension (by repeal or whatever means effected) of any city law, whether such law was enacted prior to or shall be enacted after the effective date of this section, does not: . (a) Constitute a bar to prosecution and punishment of any person for a. violation of such law committed prior to such termination or suspension; or (b) Constitute a, bar to the commencement by city of any civil action or proceeding to enforce, maintain, protect or prosecute any civil right or remedy (whether at law or in equity) of city arising from such law, prior to and existing at the time of such termination or suspension; or (c) Affect the validity of any bond or cash deposit posted pursuant to such law and prior to such termination or suspension; or (d) Constitute a, bar to collection or waiver of any license fee or penalty required by law, and due and unpaid prior to such termina- tion of suspension . (1540-12/69) TRAFFIC OPERATION S . 6171 ARTICLE 617 SPEED LIMITS -(113 S . 6171 It is hereby determined , upon the basis of an engineering and traffic. survey, that the speed permitted by the California Vehicle Code upon the following streets is not in conform- ance with the safe and efficient operation of vehicles thereon, and it is hereby declared that the prima facie speed limits shall be as hereinafter set forth on those streets, or parts of streets herein designated , when signs are erected giving notice thereof. S . 6171.1 S eed Limits . The prima facie speed limits as follows: (1214, , 1322, 1357, 1382, 1399, 1436, 1462, 1476, 14?9, 1496, 1505, 1523 , 1531, 1537, 1545-12/69) SPEED LIMIT STREET LIMITS MPH Adams Main to Alabama. . . . . . . . . . . . . . . . . . . . . . . . 25 Alabama to Beach. . . . . . . . . . . . . . . . . . . . . . . 40 Beach to Santa Ana River. . . . . . . . . . . . . . . 45 Atlanta Lake to Newland . . . . . . . . . . . . . . . . . . . . . . . . 40 Banning Magnolia to Bushard . . . . . . . . . . . . . . . . . . . . 40 Bolsa Bolsa Chica to Springdale. . . . . . . . . . . . .. 50 Springdale to Goldenwest. . . . . . . . . . . . . . . 45 Bolsa Chica Rancho to Edinger. . . . . . . . . . . . . . . . . . . . . . 50 Edinger to Warner. . . . . . . . . . . . ... . . . . . . . . 45 Brookhizrst Garfield to .Hamilton. . . . . . . . . . . . . . . . . . . 45 Hamilton to Pacific Coast Highwa.y. . . . . . 50 Bushard Garfield to Brookhurst. . . . . . . . . . . . . . . . . 45 Davenport Baruna to Algonquin. . . . . . . . . . . . . . . . . . 35 Delaware Adams to Indianapolis. . . . . . . . . . . . . . . . . . 35 Indianapolis to Frankfort. . . . . . . . . . . . . . 30 Edinger West city limits to Beach. . . . . . . . . . . . . . 40 Beach to east city limits. . . . . . . . . . . . . . 45 . Edwards North city limits to Bolsa. . . . . . . . . . . 35 Bolsa to Slater. . . . . . . . . . . . . . . . . ..... . . . . 40 Slater to Talbert. . . . . . . . . . . . . . . . . . . . . 45 Ellis Beach to east city limits. .. . . . . . . . . . . . 40 Garfield Goldenwest to Newland. . . . ... . . . . . . . . . . . . 40 Newland to Ward. . . . . . . . .. . . . . . . . . . . . . . . 45 S . 6171.1 OPERATION TRAFFIC SPEED- LIMIT STREET LIMITS MPH Goldenwest North city limits to McFadden. . . . . . . 40 McFadden to .Warner. . . . . . . .. . . . . . . . . . 45 Warner to Mansion. . . . . . . . . . . . . . . . . . . 50 Mansion to Pacific Coast. Highway. . . . 40 Gothard McFadden to Edinger. . . . . . . . . . . . . . . . 40 Edinger to Warner. . . . . . . . . . . . . . . . . . 45 Warner to Main. . . . . . . . . . . . . . . . . . . . . 35 Graham Edinger to Heil. . . .... . . . . . . . . . . . . . . . . 40 Heil to Warner. . . . . . . . . . . . . . . . . . . . . . 35 Hamilton Newland to East City Limits. . . . . . . . . 40 Heil Bolsa Chica to Beach. . . . . . . . . . . . : . . . 40 Beach to Newland . . . . . . . . . . . . . . . . . . . . 35 Holland Beach to Marken. . . . . . . . . . . . . . . . . . . . . 25 Huntington Adams to Atlanta. . . . . . . . . . . . . . . . . . 30 Atlanta to Pacific Coast Highway. . . . 35 Indianapolis Beach to Newland . . . . . . . . . . . . . . . . . . . . 30 Magnolia Heil to Warner. . . . . . . . . . . . . . . . . . . . 45 Garfield to Banning. . . . . . . . . . . . . . . . . 45 Main Beach to Mansion. . . . . . . . . . . . . . . . . . . . 40 Mansion to Adams. . . . . . . . . . . . . . . . . . 35 Adams to Eleventh. . . . . ... . . . . . . . . . . . .. 25 McFadden Bolsa Chica to Graham. . . . . . . . . . . . . . . 40 Springdale to Goldenwest. . . . . . . . . . . . 45 Goldenwest to east city limits. . . . . . 40 Monterey Edinger to Saybrook. . . . . . . . . . . . . . . . . 35 Newland Heil to Talbert. . . . . . . . . . . . . . . . . . . . . 40 Indianapolis to Pacific Coast. Hwy. . . 40 Orange Goldenwest to Seventeenth. . . . . . . . . . . 40 Seventeenth to Main. . . . . . . . . . . . . . . . . 30 Rancho Bolsa Chica to east city limits. . . . . 35 Saybrook Monterey to Davenport. . . . . . . . . .. . . . . 25 Seventeenth Main to Pacific Coast Highway. . . . . . . 35 Sher Edinger to Juliette Low. . . . . . . . . . . . 35 Slater Springdale to Newland . . . . . . . . . . . . . .. 40 Springdale North city limits to Edinger.. . . . . . . 45 Edinger to Slater. .. . . . . . . . . . . . . . . . . 40 PUBLIC PLACES PARKS CHAPTER 77 PARKS (1026, 1246) ARTICLE 771. GENERAL •PROVISIONS 772. REGULATIONS 773 . PENALTY ARTICLE 771 GENERAL PROVISIONS 5, . 7711 Definitions . S . 7711.1 Person means any individual, firm partnership, joint ven- ture, association, social club, fraternal organization, corporation, or any other group acting as. a unit. S. 7711.2 Alcoholic Beverages means any and all spiritous , vinous malt .or fermented liquor, liquids or compounds, whether medicated, proprietory, patented or not, and by whatever name called, containing one-half of one .percentum, or more, of alcohol .by volume, which are potable or fits as, or which may be used for beverage purposes , ARTICLE 772 REGULATIONS S . 7721 Unlawful .Acts . It shall .be 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 public..park within the City of.Huntingtoq, Beach, any of the fottowing : S. 7721.1 Disfiguration and removal: Willfully cut, break,. injure, deface, disfigure, tamper with, displace or remove any tree, shrub, plant, turf, rock, . sand, soil,_ building, fence, table; bench,,....barbecue unit, pole, light,- playground apparatus, bridge, rail- ing, ;paving material, fountain, trash receptacle, water line or other public utility, part or appurtenance thereof, sign, notice or placard whether temporary or permanent, monument, stake, . post, or other.-bound- ary marker, structure, . or. park .facility whatsoever, either real or personal. S . 7721.2 Public .Toilets : Fail to cooperate. in maintaining public toilets in a neat and sanitary condition.-or :to loiter-in or about any public toilet or to enter-.any:-public toilet designated for the opposite sex except that this. provision shall not apply to persons under- five (5) years of age that are accompanied by a parent or guardian. S . 7721.3 v PARKS PUBLIC' PLACES S . 7721.3 Trash and Garbage . Deposit, throw, discharge or otherwise place any paper, rubbish, debris, or any substance, matter or thing, either liquid or solid , in the waters of any fountain, pond, lake, ' stream, bay or other body of water in or adjacent to any park or in or on the grounds of said park except in the proper receptacles where these are provided . Where receptacles arenot provided all such rubbish or waste shall be carried from the park by the person responsible for its presence, and properly disposed of elsewhere . S . 7721.4 Vehicles: Operate, drive, ride, park, or leave standing any motor vehicle or any other vehicle or to ride any horse or other animal at any time provided, however, that the provisions of this section shall not apply to those specific areas within any public park of the City which shall have been regularly and lawfully set aside for the use of vehicles or for use of horses or other animals; and provided further, that the provisions of this section shall not apply to any vehicle used or owned by the City or any commercial vehicle used or owned by the City or any commercial vehicle making lawful deliv- eries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the City. S . 7721.5 Animals: Lead or let loose any cattle, horse, mule, goat, sheep, swine, or fowl or animal of any kind except that it shall not be unlawful to maintain dogs on a leash not in excess of six (6) feet. S . 7721.6 Conduct: Indulge in riotous, boisterous, threatening, or ndecent conduct or use abusive, profane, or indecent language . S . 7721.7 Gambling: Gamble or engage in gambling. S . 7721.8 Vending and peddling: Expose or offer for sale any article or thing nor shall he station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or thing except by written permission from the City Administrator of the City. S . 7721.9 Alcoholic Beverages: To consume or have in his or her pos- session, custody, or control any alcoholic beverage ` of any. kind whatsoever . S . 7721.10 Games and Activities . It shall be unlawful for any person to take part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games or activities . Such games and activities shall include, but shall not be limited to, the following: baseball, archery, tackle football, golf, motorboating, water skiing, use of firearms or fireworks, model—airplane flying, or any activity involving thrown or otherwise propelled objects such as balls, stones, arrows or javelins . (1478, 1547-12/69) FULL. CODE HUNTINGTON BEACH ORDINANCE CODE CHANGES (Effective 12/3/69) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE S. 1?50 S. 1750 s. 6171 s. 6171 s. 9740 S. 974o S. 9744.2 S. 9743.4.1 S. 9745.3 S. 9745.1 (f) s. 9981 s. 9981 S. 9987 S. 9985.1 S. 9989.4.2 S. 9989.1 GOVERNMENT TAXES S . 1750 ARTICLE 175 REAL PROPERTY TRANSFER TAX 13 9 S . 1750 This ordinance shall be known as the "Real Property Transfer Tax Ordinance" of the City of Huntington Beach. It is adopted pursuant to the authority contained in Part 6 .7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California. S . 1751 There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Huntington Beach shall be granted, assigned , transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or another person or persons, by his or their direction, which the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds one hundred dollars ($100) , a tax at the rate of twenty-seven and one-half cents ($0.275) for each five hundred. dollars ($500) or fractional part .thereof. S . 1751. 1 Any tax imposed pursuant to Section 2 hereof shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued . S . 1752 Any tax imposed pursuant to this ordinance shall not apply to any instrument in writing given to secure a, debt . S . 1753 Any deed , instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a, party shall be exempt from the tax imposed pursuant to this Article when the exempt agency is acquiring title . (1369, 1538) S . 1754 Any tax imposed pursuant to this ordinance shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment-- (a) Confirmed under the Federal Bankruptcy Act, as amended; (b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended; 1 , Se 1754 (c) TAXES GOVERNMENT (c) Approved in an equity receivership proceeding in a court involving -p ,corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or (d) Whereby a mere change in identity, form or place of organization is effected. Subdivisions (a) to .(d) , inclusive, of this section .shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such con- firmation, approval or change . S . 1755 Any tax imposed pursuant to this ordinance shall not apply to the making or delivery of conveyances to make effective any order of the Securities and . Exchange Commission, as defined: in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if-- (a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be conveyed; (c) Such conveyance -is made in obedience to such order. S . 1756 Partnerships S . 1756 .1 In the case of any realty held by a partnership, no levy shall .be imposed pursuant to this ordinance by reason of any transfer of an interest in .a partnership or otherwise, if-- (a) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (b) Such continuing partnership continues to hold the realty concerned. S . 1756 . 2 If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for. purposes of this ordinance, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of .any lien or encumbrance re- maining thereon) , all realty held by such partnership at the time of such termination. TRAFFIC OPERATION S . 6171 ARTICLE 617 SPEED LIMITS 113 S . 6171 It is hereby determined, upon the basis of an engineering and traffic survey, that the speed permitted by the California .Vehicle Code upon the following streets is not in conform- ance with the safe and efficient operation of vehicles thereon, and it is hereby declared that the prima facie speed limits shall be as hereinafter set forth on those streets, or parts of streets herein designated, when signs are erected giving notice thereof. S . 6171. 1 S eed Limits . The prima facie speed limits as follows: (1214, , 1322, 1357, 1382, 1399, 1436, 1462, 1476, 1479, 1496, 1505, 1523 , 1531, 1537) SPEED LIMIT STREET LIMITS MPH Adams Main to Alabama. . . . . . . . . . . . . . . . . . . . . . . . 25 Alabama to Beach. . . . . . . . . . . . . . . . . . . . . . . 40 Beach to Santa Ana River. . . . . . . . . . . . . . . 45 Atlanta Lake to Newland . . . . . . . . . . . . . . . . . . . . . . . . 40 Banning Magnolia to Bushard . . . . . . . . . . . . . . . . . . . . 40 Bolsa Bolsa Chica to Springdale. . . . . . . . . . . . . . 50 Springdale to Goldenwest. . . . . . . . . . . . . . . 45 Bolsa Chica Rancho to Edinger. . . . . . . . . . . . . . . . . . . . . . 50 Edinger to Warner. . . . . . . . . . . . . . . . . . . . . . 45 Brookhurst Garfield to Adams. . . . . . . . . . . . . . . . . . . . . . 45 Adams to Hamilton. . . . . . . . . . . . . . . . . . . . . . 50 Hamilton to Pacific Coast Highway. . . . . . 55 Bushard Garfield to Brookhurst. . . . . . . . . . . . . . . 45 Davenport Baruna to Algonquin. . 35 Delaware Adams to Indianapolis. . . . . . . . . . . . . . . . . . 35 Indianapolis to Frankfort. . . . . . . . . . . . . . 30 . Edinger West city limits to Beach. . . . . . . . . . . . . . 40 Beach to east city limits. . . . . . . . . . . . . . 45 . Edwards North city limits to Bolsa. . . . . . . . . . . . . 35 Bolsa to Slater. . . . . . . . . . . . . . . . . . . . . . 40 Slater to Talbert. . . . . . . . . . . . . . . . . . . . . . 45 Ellis Beach to east city limits. . . . . . . . . . . . . . 40 Garfield Goldenwest to Newland . . . . ... . . . . . . . . . . . . 40 Newland to Ward. . . . . . . . . . . . . . . . . . . . . . . . 45 S . 6171.1 OPERATION TRAFFIC . SPEED LIMIT STREET LIMITS MPH Goldenwest North city limits to McFadden. . . . . . . 40 McFadden to Warner. . . . . . . . . . . . . . . . . . 45 Warner to Mansion. . . . . . . . . . . . . . . . . . . 50 Mansion to Pacific Coast Highway. . . . 40 Gothard McFadden to Edinger. . . . . . . . . . . . . . . . 40 Edinger to Warner. . . . . . . . . . . . . . . . . . 45 Warnerto Main. . . . . . . . . . . . . . . . . . . . . 35 Graham Edinger to Heil. . . . . . . . . . . . . . . . . . . . . 40 Heil to Warner. . . . . . . . . . . . . . . . . . . . . . 35 Hamilton Newland to East City Limits . . . . . . . . . 40 Heil Bolsa Chica to Beach. . . . . . . . . . . . . . . . 40 Beach to Newland . . . . . . . . . . . . . . . . . . . . 35 Holland Beach to Marken. . . . . . . . . . . . . . . . . . . . . 25 Huntington Adams to Atlanta. . . . . . . . . . . . . . . . . . . . 30 Atlanta to Pacific Coast Highway. . . . 35 - Indianapolis Beach to Newland . . . . . . . . . . . . . . . . . . . . 30 Magnolia Heil to Warner. . . . . . . . . . . . . . . . . . . . . . 45 Garfield to Banning. . . . . . . . . . . . . . . . . 45 Main Beach to Mansion. . . . . . . . . . . . . . . . . . . . 40 Mansion to Adams. . . . . . . . . . . . . . . . 35 Adams to Eleventh. . . . . . . . . . . . . . . . . . . 25 McFadden Bolsa Chica to Graham. . . . . . . . . . . . . . . 40 Springdale to Goldenwest. . . . . . . . . . . 45 Goldenwest to east city limits . . . . . . 40 Monterey Edinger to Saybrook. . . . . . . . . . . . . . . . . 35 Newland Heil to Talbert . . . . . . . . . . . . . . . . . . . . . 40 Indianapolis to Pacific Coast Hwy. . . Orange Goldenwest to Seventeenth. . . . . . . . . . . 40 Seventeenth to Main. . . . . . . . . . . . . . . . . 30 Rancho Bolsa Chica to east city limits. . . . . 35 Saybrook Monterey to Davenport. . . . . . . . . . . . . . . 25 Seventeenth Main to Pacific Coast Highway. . . . . . . 35 Sher Edinger to Juliette Low. . . . . . . . . . . . . 35 Slater Springdale to Newland . . . . . 40 Springdale North city limits to Edinger. . . . . . . . 45 Edinger to Slater.. . . . . . . . . . . . . . . . . . 40 . PLANNING GENERAL PROVISIONS S . 9740 ARTICLE 974 PARK AND RECREATIONAL FACILITIES (1238) S . 9740 INTENT S . 9741 DEVELOPERS MUST PROVIDE PARK AND RECREATIONAL FACILITIES S . 9742 APPLICATION S . 9743 RELATION OF LAND REQUIRED TO POPULATION DENSITY S . 9744 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID S . 9744.1 AMOUNT OF LAND TO BE DEDICATED S . 9744.2 AMOUNT OF FEE IN LIEU OF LAND DEDICATION S . 9744.3 EXCEPTIONS S . 9745 CREDITS S . 9745.1 CREDIT FOR PRIVATE OPEN SPACE S . 9745. 2 CREDIT FOR SPECIAL FACILITIES S . 9745.3 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT S . 9746 CHOICE OF LAND OR FEE S . 9747 PREREQUISITE FOR APPROVAL OF BUILDING PERMIT S . 9748 COMMENCEMENT OF DEVELOPMENT S . 9749 SEVERABILITY S . 9740 INTENT. This article is intended to provide a means for implementing the adopted recreational element of the Master Plan which established definite principals and standards for park and recreational facilities to serve the residents of Huntington Beach. S . 9741 DEVELOPERS OR PERSONS MUST PROVIDE PARK AND RECREATIONAL FACILITIES. Every residential developer or person who develops land for residential purposes shall dedicate a portion of such land, pay a fee or a combination of both, as set forth in this ordinance for the purpose of providing park and recreational facilities to serve future residents of such development. . This Article shall not apply to alterations or additions on an existing dwelling unit, providing said alteration or addition does not create an additional dwelling unit. S . 9742 APPLICATION. The provisions of this ordinance shall apply to all residential developments except residential develop- ments for which building permits have been filed within thirty (30) days after the effective date of this ordinance . S . 9743 RELATION OF LAND REQUIRED TO POLULATION DENSITY. It is here by found and determined: S . 9743.1 That the public interest, convenience, health, welfare and safety require that approximately four (4) acres of property for each one thousand (1,000) persons residing within the City, be devoted to public park and recreational purposes . S . 9743 .2 GENERAL PROVISIONS PLANNING S . 9743 .2 That .said requirement will be satisfied in part by coopera- tive arrangements between the City and the local school districts to make a,va,ila,ble, one and one-half (12) acres of property for each one thousand (1,000) persons residing within the City for park and recreation purposes . S . 9743 . 3 That the remainder (22) acres of the required four (4) acres shall be supplied by the requirements of this ordinance. S . 9743 .4 Population Density. Population density, for the purpose of Article 974, shall be determined in accordance with the latest federal census for the City of Huntington Beach. This population density shall be adjusted according to each new or special federal census . (1238, 1536) (a) Single-family Development. Population density for dwelling units, attached or detached, on any lot or parcel, Residence District", shall be 3 .78 persons per unit, except as provided in subsection (c) . (b) Multiple-family Development . Population density for dwelling units, attached or detached, on any lot or parcel, or combination of lots or parcels, within any R2, R3 and R4 district, shall be as follows, except as provided in subsection (c) : TYPE OF DWELLING UNIT DENSITY (Persons per Unit) Single or bachelor 1.35 One bedroom 1.75 Two bedroom 2.60 Two bedroom with den 2 .85 Three or more bedrooms 3.60 For the purposes of this section, where a den, study,. or sewing room is provided in conjunction with a, ssngle, bachelor or one bedroom unit, such room shall be considered an additional bedroom. Where a den, study, or sewing room is provided in conjunction with a, two bedroom unit, such room shall not be considered a bedroom if a, wardrobe, closet or similar facility normally found in a, bedroom is not proposed and such room is proposed to be constructed in such a manner that at least fifty percent (50%) of one wall is open to an adjacent room or hallway. (c) Condominium, Planned Residential Development and Townhouse Develop- ments . Population density for condominium, planned residen is development, and townhouse development dwelling units, attached or detached, on any lot or parcel, or combination of lots or parcels, shall be as follows: (1) Within such developments havin less than eight (8) units per acre, the density shall be 3.79 persons per unit . (2) Within such developments having eight (8) or more units per acre, the density shall be subject to the provisions of sub- section (b) hereof. (d) Mobile Home Development. The population density within any mobile home par s all be 2.24 persons per trailer space . PLANNING GENERAL PROVISIONS S . 9743 .4. 1 S . 9743.4.1 Number of Dwelling Units or Bedrooms . The total number of dwelling units or bedrooms shall be determined by the number of units or bedrooms proposed to be constructed by the subdivider. Where the actual number of units proposed is unknown, the number of such units shall be based on the number of units which would be permitted by city ordinance on the property included in the subdivision at the time .the final tract map is filed with the city council for approval. The actual number of bedrooms shall be that number of such- rooms as shown on the building plans filed with the Building Department . Any increase in actual units or bedrooms constructed over the number proposed shall be reflected accordingly in additional land dedication, fee payment or a combination of both. (1238, 1536) S . 9744 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID. The amount of land to be dedicated or fee to be paid shall be determined by the following: S . 9744. 1 Amount of Land to be Dedicated . The amount of land to be dedicated by a developer pursuant to this ordinance shall be based on the following formula: (a) A _ 2 .5 (D.F. x No . D.U. ) 100 (b) Definition of Terms : (1) A - The area required to be dedicated as park sites or to be appraised for fee payment for the development . (2) D.F. - Density factor obtained from Section 9743 .4 as applicable to proposed development. (3) No. D.U. - Number of dwelling units proposed in the development . S . 9744.2 AMOUNT OF FEE IN LIEU OF LAND DEDICATION. S . 9744.2. 1 Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to the amount based upon the average fair market value of all public parks within the City. S . 9744.2.1. 1 "Fair Market Value" shall be determined in accordance with the following: (a) Periodic appraisal of the property for the City be a qualified real estate appraiser; (b) If the developer objects to such valuation he may, at his expense, obtain an appraisal of the property be a qualified real estate appraiser. Said appraisal may be accepted by the City Council if found reasonable; or (c) The City and developer may agree as to the fair market value . Procedures for determining value of land shall be developed to meet local conditions . S . 9744:3 GENERAL PROVISIONS PLANNING S . 9744.3 Exceptions . (1312) S . 9744.3 .1 In the event a fee has been paid or land has been dedi- cated for park and recreational purposes, pursuant to provisions of the Subdivision Ordinance 'or if a, fee has been paid pursuant to the provisions of the Business License Ordinance, such fees or land dedication will meet all the requirements of this Article for a single .family unit, and one unit of a two family or multiple family residence . (1312) S . 9744.3 .2 If building permits have not been issued within two (2.) years from the time said business license fee was paid, the developer shall pay the difference between the fee required in Section 9744.2 and the fee paid pursuant to provisions of said Business License Ordinance . (1312) S . 9745 CREDITS . S . 9745 . 1 Credit for Private Open Space . Where private open space for park and recreational purposes is provided in a pro- posed development and such space is to be privately owned and perpet- ually maintained and operated by the future residents of the development or owner, such areas shall be credited against the requirement of dedication of land for park and recreational purposes, as set forth in Section 9744.1 hereof, the payment of fees in lieu thereof as set forth in Section 9744.2 hereof, or a combination of both, provided the City Council finds it is in the public interest to do so, and that the follow- ing standards are met: (a) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be . included in the computation of such private open space; and (b) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (c) That the use of the private open space is restricted for park and recreational purposes which cannot be defeated or eliminated with- out the consent of the City Council and without providing equiva- lent space elsewhere in the development. (d.) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and (e) That facilities proposed for the open space are in substantial accordance with the provisions of the Parks, Open Spaces, Schools and Recreational element of the master plan and are approved by the City Council; and PLANNING GENERAL PROVISIONS S . 9745.1 (f) (f) Any facility for which consideration is paid by the public for its use shall not be credited as private open space, except as herein- after described under Section 9745 .2 "CREDIT FOR SPECIAL FACILITIES" . (g) Any waterways which are used by the public but without facilities for public docking of boats or beach or waterfront accessible to the public adjacent to the waterways shall not be credited as pri- vate open space, except as hereinafter described under Section 9745.2 "CREDIT FOR SPECIAL FACILITIES" . S . 9745.2 Credit for Special Facilities . When, in the design of a, development, space is allocated for a special facility designed to serve the residents of that development for a special facility such as a, golf course or waterways, the developer may be given credit equivalent; either wholly or partially, to a community park( s) for such facility, provided such special facility is restricted to its initial purpose . In the event such .facility is terminated, the owner thereof shall be obligated, at that time, to satisfy the initial require- ments for which the credit was given. S . 9745.3 Credit for Site Improvement and Development . Where the developer desires to improve and/or develop public or private open space facilities, and at the City ' s discretion, such costs may be credited, either wholly or partially, toward the payment of the fees as set forth in Section 9744.2. S . 9746 CHOICE OF LAND OR FEE. S . 9746. 1 Procedure . The procedure for determining whether the developer is to dedicate land, pay a fee or a combination of both, shall be as follows: S . 9746.2 Determination . Whether the City accepts land dedication or elects to require payment of a, fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: (a) The Parks, Open Spaces, Schools and Recreational element of the City' s Master Plan; -and (b) Topography, geology, access and location of land in the subdivision . available for dedication; and (c) Size and shape of the development and land available for dedication. S . 9746.2.1 The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combina- tion of both, shall be final and conclusive . On developments involving five (5) acres or less only the payment of fees may be required . r S . 9746 .3 GENERAL PROVISIONS PLANNING S . 9746.3 Developer. The owners of the property (developer) , if he desires to dedicate property for park and recreational purposes shall, prior to filing the plot plan for approval, check with the City to determine whether or not his property lies within the City' s Master Plan for Parks, Open Spaces, Schools and Recreational facilities. S . 9746 .3. 1 If his property lies within the City' s Master Plan for neighborhood parks, he shall coordinate with the necessary departments in the design of this development. S . 9746.3.2 If his land does not lie within the City ' s Master Plan for neighborhood parks, he will be required. to pay a fee .in lieu of dedication of land . S . 9746 .4 Action of City. Prior to the time of Plot Plan approval, the Building Director shall transmit said plan to the Planning Commission for review. The Planning Commission shall determine whether to require dedication of land within the development, payment of a, fee in lieu thereof, or a. combination of both. (1312) S . 9747 PREREQUISITES FOR APPROVAL OF BUILDING PERMIT. Where dedication is required it shall be accomplished prior to issuance of the building permit . Where fees are required the same shall be deposited with the City prior to the issuance of the building permit. (1312) S . 9748 COMMENCEMENT OF DEVELOPMENT. The City shall begin develop= ment of the recreation facility within five D) years from the time of final inspection of the development by Building Department . (1312) S . 9749 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held. to be unconstitutional, such decision shall not effect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, para- graph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. (1312) PLANNING SUBDIVISIONS S. 9981 ARTICLE 998 PARKS AND RECREATIONAL FACILITIES 1 3 S. 9981 RECITALS. That the City Council of the City of Huntington Beach does hereby find, determine and declare as follows: S. 9981.1 In 1965; the Legislature of the State of California amended the Subdivision Map Act (Section 11500 et seq. of the Business and Professions Code) so as to enable cities and counties to require either the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision map; and S. 9981.2 The City Council of the City of Huntington Beach has adopted a master plan containing a recreational element , establishing definite principles and standards for the park and recreational facilities to serve its residents in compliance with Section 11500 et. seq. of the Business and Professions Code. S. 9982 - SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL FACILITIES. Every residential subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do a combination of both, as set forth in this ordinance for the purpose of providing park and recreational facilities to serve future residents of such subdivision. S. 9983 APPLICATION. The provisions of this ordinance shall apply to all residential subdivisions, as that phrase is defined in Section 11500 et. seq. of the Business and Professions Code of the State of California, except subdivisions for which tentative sub- division maps have been filed within thirty (30) days after the effective date of this ordinance. S. 9984 RELATION OF LAND REQUIRED TO POPULATION DENSIT)�. It is hereby found and determined: S. 9984.1 That the public interest, convenience, health welfare and safety require that a proximately four (45 acres of property, for each one thousand (11) 0) persons residing within the City, be devoted _to public park and recreational purposes. S. 9984.2 That said requirement will be satisfied in part by cooperative arrangements between the City and the local school districts to make available one and one-half (136) acres of property for each one thousand (1,000) persons residing #ithin the City for park and recreational purposes; S. 9984.3 That the remainder two and one-half (2%) acres of the reOired four. .(4) acres shall be supplied by the require- ments of this ordinance. S . 9985 SUBDIVISIONS S . 9985 S. 9985 POPULATION DENSITY. Population density for the purpose of Article . 99 _shall be determined in accordance with the latest federal census for the City of Huntington Beach. This population density may be adjusted according to each new or special federal census . (1238, �536) (a) Single-family Development . Population density for dwelling units, attached or detached , on any lot or parcel, or combination of lots or parcels, in the Rl, "Single-family Residence District", shall be 3 .78 persons per unit, except as provided in subsection (c) . (b) Multiple-family Development. Population density for dwelling units,-, attached or detached, on any lot or parcel or combination of lots or parcels,. within any R2, R3 and R4 district, shall be as follows, except as provided. in subsection (c) : TYPE OF DWELLING UNIT DENSITY (Persons per Unit) Single or bachelor 1.35 One bedroom 1.75 Two bed.room 2.60 Two bedroom with den 2 .85 Three or more bedrooms 3.60 For the purpose of this section, where a den, study, or sewing room is provided. in conjunction with a, single, bachelor or one bed.room unit, such room shall be considered an additional bedroom. Where a, den, study, or sewing room is provided in conjunction with a, two bedroom unit, such room shall not be considered a bedroom is a wardrobe, closet or similar facility normally found in a bedroom is not proposed and such room is proposed to be constructed in such a, manner that at least fifty percent (50%) of one wall is open to an ad.jacent room or hallway. (c) Condominium, Planned. Residential Development, and Townhouse Develop- ments . Population density for condominium, planned residential development, and townhouse development dwelling units, attached or d.eta,ched, on any lot or parcel or combination of lots or parcels, shall be as follows: (1) Within such developments having less than eight (8) units per acre, the density shall be 3 .78 persons per unit. (2) Within such developments having eight (8) or more units per acre, the density shall be subject to the provisions of sub- section (b) hereof. (d ) " Mobile Home Development . The population density within any mobile home park shali be 2.24 persons per trailer space . PLANNING SUBDIVISIONS S . 9985.1 S . 9985. 1 Number of Dwelling Units or Bedrooms . The total number of dwelling units or bedrooms shall be determined by the number of units or bedrooms proposed. to be constructed by the subdivider. Where the actual number of units proposed. is unknown, the number of such units shall be based on the number of units which would be per- mitted by city ordinance on the property included. in the subdivision at the time the final tract map is filed with the city council for approval. The actual number of bedrooms shall be that number of such rooms as shown on the building plans filed with the Building Department . Any increase in actual units or bedrooms constructed. over the number proposed shall be reflected. accordingly in ad.d.itional land dedication, fee payment or a combination of both. S . 9986 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID. The amount of land. to be dedicated or fee to be paid shall be determined. by the following: (1238, 1536) S . 9986. 1 Amount of Land. to be Dedicated . The amount of land. to be d.edica,ted by a developer pursuant to this ordinance shall be based on the following formula: (a) A = 2.5 (D.F. x No. D.U. ) 1000 (b) Definition of Terms: (1) A - the area required to be dedicated as park sites or to be appraised for fee payment for the development . (2) D.F. - Density factor obtained from Section 9743 .4 as applicable to proposed development . (3) No. D.U. - Number of dwelling units proposed. in the develop- . ment . S . 9987 AMOUNT OF FEE IN LIEU OF LAND DEDICATION. S . 9987 . 1 Where ,a fee is required to be paid in lieu of land . dedication, such fee shall be equal to the amount based upon the average fair market value of all public parks within the City. S . 9987 . 2 "Fair market value" shall be determined in accordance with the following: S . 9987 . 2. 1 Periodic appraisal of the property for the City by a qualified real estate appraiser. S . 9987 . 2. 2 If the subdivider objects to such valuation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser. Said appraisal may be accepted by the City Council if found reasonable ; or S . 9987. 2.3 The City and subdivider may agree as to the fair market value. Procedures for determining .value of land shall be developed to meet local conditions . S . 9988 SUBDIVISIONS PLANNING S . 9988 - CREDIT FOR PRIVATE OPEN SPACE. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and perpetually maintained and operated by the future residents of the subdivision, such areas shall be credited against the requirement of dedication of land for park and recreational purposes , as set forth in Section 9986 hereof, the payment of fees in lieu thereof as set forth in Section 9987 hereof, or a combination of both provided the City Council finds it is in the public interest to do so, and that the following standards are met : (a) That yards , court areas , setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space ; and (b) That the private ownership and maintenance of the open space is adequately provided for by written agreement ; and (c) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council and without providing equivalent space else- where in the development. . (d) That the proposed private open space is reasonably adaptable for use for park and recreational purposes , taking into consideration such factors as size, shape, topography, geology, access , and location of the private open space land; and (e) That facilities proposed for the open space are in substantial accordance with the provisions of the Parks , Open Spaces , Schools and Recreational element of the master plan and are approved by the City Council ; and (f) Any facility for which consideration is paid by the public for its use shall not be credited as private open space, except as here- inafter described under Section 9989 "Credit For Special Facilities . " (g) Any waterways which are used by the public but without facilities for public docking of boats or beach or waterfront accessible to the public adjacent to the waterways shall not be credited as private open space, except as hereinafter described under Section 9989 "Credit For Special Facilities . " S . 9989 CREDIT FOR SPECIAL FACILITES. When, in the sub- divider's design of a subdivision, space is allocated for a special facility designed to serve the residents of that sub- division, such as a golf course or waterways , the subdivider may be given credit equivalent either wholly or partially to a community park(s) for such facility provided such special facility is restricted to its initial purpose . In the event such facility is terminated, the owner. thereof shall be obligated, at that time, to satisfy the initial requirements for which the credit was given. I PLANNING SUBDIVISIONS s • 9989.1 S . 9989. 1 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT. When the subdivider desires to improve and/or develop public or private open space facilites , and at the City's discretion, such costs may be credited, either wholly or partially, toward the payment of the fees as set forth in Section 9987. S . 9989. 2 CHOICE OF LAND OR FEE. S . 9989. 2.1 PROCEDURE. The procedure for determining whether the subdivider is to dedicate land, pay a fee or a combination of both, shall be as follows : S. 9989.3 DETERMINATION. Whether the City accepts land dedica- tion or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: (a) The Parks , Open Spaces , Schools and Recreational element of the City's master plan; and (b) Topography, geology, access and location of land in the sub- division available for dedication; and (c) Size and shape of the subdivision and land available for dedica- tion. S . 9989.3 .1 The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination of both, shall be final and conclusive. On subdivisions involving fifty (50) lots or less , only the payment of fees may be required. S. 9989.4 SUBDIVIDER. The owners of- the property (subdivider) , if he desires to dedicate property for park and recrea- tional purposes shall, prior to filing the Tentative Tract Map for approval, check with the City to determine whether or not his property lies within the City's master plan for Parks , Open Spaces ,School,and Recreational facilities . S . 9989 .4.1 If his property lies within the City's master plan for neighborhood parks , he shall coordinate with the necessary departments in the design of his subdivision. S . 9989.4 . 2 If his land does not lie within the City's master plan for neighborhood parks , he will be required to pay a fee in lieu of the dedication of land. S . 9989.5 Action of City. At the time of the Tentative Tract map approval, the Planning Commission shall determine, as a part of such approval, whether to require dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. S • 9989.6 SUBDIVISIONS PLANNING S . 9989.6 Prerequisites for Approval of Final Map. Where dedica- tion is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the City prior to the approval of the Final Tract Map. Open-space convenants for private park or recreational facilities shall be submitted to the City Attorney for his approval prior to the approval of the final tract map and shall be recorded con- temporaneously with the final tract map. S . 9989 .7 Commencement of Development. The City shall begin development. of the recreation facility within five (5) years from the time of final inspection and acceptance of tract improvements by the City Council. S . 9989.8 Severability. If any section, subsection, subidivision, Paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, para- graph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections ,. subsections , subdivisions , paragraphs , sentences , clauses or phrases be declared unconstitutional.