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HomeMy WebLinkAboutZoning Code Updates 2002-2003 HUNTINGTON BEACH �,r 4 ZONING ORDINANCE UPDATES ,-,'.7,­ ,", Please Remove from Please Add to Cod? Code Chapter 230 Chapter 230 Cha ter 234 Chapter 234 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Contact Dale Jones, Deputy City Clerk (714) 374-1632 �?��Zo�n�in . Code is available o� �helnler � �� � http://www.ci.huntington-beach.ca.us Chapter 23Q411 IN eamdax+ (3249-6/95,3301-11/95,3334-6/97,3410-3/99,3455-5/00,3482-12/00,3494-5/01,3525-2/02,3568-9/02,EMG 3594-11/02,EMG 3596-12/02) Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Park Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards (3455-5/00) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-1 12/02 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.96 Wireless Communication Facilities 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions,that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334- 6/97) 230.06 Religious Assembly Yard Requirements Yards,height and bulk, and buffering requirements shall be as specified by a conditional use permit,provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 230.08 Accessory Structures A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-2 9/02 i principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports,which abut an alley. No accessory structures shall be permitted off-site. C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area,whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Separation. The distance between buildings on the same lot shall not be less than 10 feet. 230.10 Accessory Dwelling Units A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single family dwelling subject to a conditional use permit issued by the Zoning Administrator. Applications shall be submitted to the Director accompanied by the required fee, plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Zoning Administrator shall approve a conditional use permit for an accessory dwelling unit after a duly noticed public hearing upon finding that: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection(C) of this section; 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes; 3. The main dwelling or the accessory dwelling will be owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. is 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-3 5/00 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless ` modified by an overlay district. 5. Parking. All parking spaces shall comply with Section 231.18D. (3334-6/97) 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. C. Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for record with the County Recorder within 30 days of approval. Evidence of such filing shall be submitted to the Director within 30 days of approval. E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed at 25 percent of the fee for a single family residence as set by resolution of the City Council and paid prior to issuance of the building permit. 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied,provisions for storage of materials, and number and type of vehicles used. C. Required Conditions. Home occupations shall comply with the following conditions: 1. A home occupation shall be conducted entirely within one room in a dwelling.No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise,projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose,whether by colors,materials, construction, lighting,windows, signs, sounds or any other means whatsoever. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-4 6/97 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. A conditional use permit shall be issued by the Zoning Administrator when a home occupation involves instruction and/or service, e.g. music lessons,beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. The City may grant incentives to the developer. An incentive includes,but is not limited to, the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including,but not limited to, a reduction in setback, lot coverage, floor area ratio,parking and open space requirements. 3. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concession_s proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City, i.e., housing set-aside funds. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-5 5/00 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgage rents/mortgage payments. 1. For the purpose of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five percent(25%) of the gross family income. 2. For the purpose of this section, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent(30%)of sixty percent(60%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section,those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of fifty percent(50%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. D. Affordabiei , requirements. 1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives,the developer of a residential project must agree to one of the following: a. Provide at least twenty percent(20%) of the total units of the housing development for lower income households; or b. Provide at least ten percent(10%) of the total units of the housing development for very low income households; or c. Provide at least fifty percent (50%) of the total units of the housing development for qualifying senior residents. The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold, or leased at "market" rates. If a developer is granted a density bonus in excess of twenty-five percent(25%),those additional units above the twenty-five percent(25%)may be required to be maintained affordable for"moderate income" households. 2. Duration of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty(30)years. If the City does not grant at least one concession or incentive pursuant to this chapter in addition to the density bonus, or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten(10)years. 3. Affordable unit distribution and product mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project. 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-6 5100 recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915, et seq. of the California Government Code,prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to,the following items: a. The number of and duration of the affordability for the affordable units; b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type(bedrooms, floor area, etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. Cit. a� ction. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.18B unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: a. A general description of the proposed project, general plan designation, applicable zoning,maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five(5)units to qualify for a density bonus. b. A calculation of the density bonus allowed. c. In the case that the developer requests the City to modify development standards as another incentive, a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-7 5/00 d. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council. 3. The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents, lower or very low income households in residential projects. 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. F. Required findings for ap rp oval. 1. Density bonus. In granting a conditional use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. The proposed project, which includes a density bonus,will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. c. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. e. If located within the coastal zone,the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334-6/97) 2. Other incentives. A request for an additional incentive shall not be denied by the Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-8 5/00 In granting any other incentives as defined in this section, the Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s)will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. c. The granting of the proposed other incentive(s)will not be detrimental to the general health,welfare, and safety of persons working or residing in the vicinity. d. The granting of the proposed other incentive(s)will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s)will not impose an undue financial hardship on the City. f. If the other incentive is a modification of development standards, the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. g. The granting of the proposed other incentive will not result in the filling or dredging of wetlands. (3334-6/97) 230.16 Manufactured Homes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241. B. Location and Design Requirements. Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards, provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity,provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria: Manufactured homes shall not be allowed: a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot; or c. As an accessory building or use on an already developed lot. 2. Design Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-9 5100 b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled,pursuant to state laws and standards. Before occupancy,the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. (3525-2/02) A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and$1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs,parking signs, directional signs, temporary structures,parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Park Fee As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. (EMG 3594-11/02,EMG 3596-12/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-10 12/02 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods,unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets, driveways,property lines, and surrounding neighborhood. Compatibility considerations should include,but not be limited to, lot size, lot frontages,building layout,building configuration and design,building materials,product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements. (3301-11/95) A. Privacy Design Standards. 1. New residences shall off-set windows from those on existing residences to insure maximum privacy. The use of translucent glass or similar material, shall be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (3301-11/95) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling Infill development. (3301-11/95) 3. Provide architectural features (projections, off-sets) to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11195) D. Public Notification Requirements. 1. Ten(10)working days prior to submittal for plan check(plan review) the applicant shall give notice of the application to adjacent property owners and the City of Huntington Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-11 5/00 Beach,Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; b. Location of planned development, including street address (if known) and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10)working days from plan check (plan review) submittal; and f. The address of the Department of Community Development. 2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s)when submitting the application for plan check(plan review). The adjacent property owners shall have ten (10)working days from plan check(plan review) submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (3301-11/95) 230.24 Small Lot Development Standards A. Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multi-family districts. Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals prior to Planning Commission action. These standards shall apply to all small lot subdivisions, whether the tentative map is designed with single units per lot, or multiple units per lot(condominium). B. Design standards. The following standards shall be considered by the Planning Commission prior to development approval: 1. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. 2. Architectural features and complementary colors shall be incorporated into the design of all exterior surfaces of the building in order to create an aesthetically pleasing project. 3. All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley-like appearance. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-12 5/00 C. Development Standards. The following standards shall apply to all small lot developments: Minimum Building Site or Lot Size 3,100 3 .).s . ft. s . ft. av q ( q g Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories except 3rd level permitted<500 sq. ft. Min. 5/12 roof pitch No decks above the second story Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. +offsets in front fagade Covered Porches (unenclosed) 10 ft. Garage 18 ft Upper Story Upper story setback shall be varied Side 8 ft. aggregate,min. 3 ft. 0 ft. permitted with min. 8 ft. on other side Street Side 10 ft.; includes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line) Rear Dwelling 15 ft.; 50%of bldg. width may be at 13 ft. Garage 3 ft.; 0 ft. if garage is designed to back to another garage Maximum Lot Coverage 50%+ 5% for covered porches,patio covers, balconies. Maximum Floor Area Ratio (FAR) 0.7 Minimum Interior Garage Min. 400 sq. ft.; Dimension(width x depth) min. 18 ft. wide Minimum Building Separation to 6 ft. Accessory Building Open Space Common recreational area Projects of 20 units or more: (project) 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-13 5/00 Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition,minimum 1 on-street space per unit for guest/visitor parking shall be provided. A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 Landscaping 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station use classification. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-14 5/00 A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at the intersection of arterial highways. C. Site Laout. Conditions of approval of a conditional use permit may.impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. 2. The location,number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative impact on surrounding uses. 5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements: a. A 3 foot-wide planter(inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-15 5/00 E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands,they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines. 230.34 Housing of Goods All goods,wares, merchandise,produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. Carpool: Two (2)to six (6)persons traveling together in a single vehicle. 3. Employee: Means any person employed by a firm, person(s),business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time,part-time, or temporary basis. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-16 5/00 4. Employer: Means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation,or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management(TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Van ool: Means a vehicle occupied by seven(7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment,base of operation, or predominate location of an employee or group of employees. C. Applicability: 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts,planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Commission /Zoning Administrator when such temporary activities are for a period not to exceed 30 days and held no more than once a year. 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the 0 Director; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-17 5/00 b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Type of Use Equivalent to 100 Employ es Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. D. Site development standards: Development projects subject to this section shall comply with the following site development standards: 1. Parking for Carpool Vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted to Type of Use Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided of no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following: a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-18 5/00 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6) foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker,per Title 24,passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1%of the required parking for the project. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker,per Title 24,parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." b. For parking structures,vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. c. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker,per Title 24,bus shelter,pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-19 5/00 location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a game center as a business in a C district must obtain a conditional use permit from the Zoning Administrator. The permit is valid only for the number of games specified;the installation or use of additional games requires a new or amended permit. B. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Hours of Operation for Minors under 18 Years of Age. No game center owners,manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site,the district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be. E. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation,parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community. 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: 1. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2. The heliport, helipad, or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level,the conditional use permit application shall be denied. B. Locational Criteria. 1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-20 5/00 2. Protected Areas. No heliport,helipad, or helistop shall be located within 1,000'feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area- 50 feet; b. Helicopter maintenance facilities - 25 feet; c. Administrative or operations building- 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. F. Application Requirements. The following additional information shall be submitted with a conditional use permit application: 1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area,that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning. 3. A description of the proposed operations, including the type of use,names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights. 4. A helicopter noise study including a map of the approach and departure flight paths at a scale of V = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Planning Commission may approve a conditional use permit fora bed and breakfast inn in any C District and RMH-A District after a duly noticed public hearing upon finding that: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-21 5/00 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection(B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Design and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet,but no more than six rooms shall be rented for lodging. 2. Parking. The requirements of Chapter 231 shall apply. 3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district,no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted. 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. 230.46 Single Room Occupancy Single room occupancy(SRO) shall comply with the following requirements: A. General Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical,Fire, and Housing Codes. 2. No more than one(1)person shall be permitted to reside in any unit, excluding the manager's unit and up to 25 percent of the total number of units which have double occupancy. (3494-5/01) 3. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and regulations. Income levels shall be verified by a third party and submitted to the City of Huntington Beach as part of the annual review. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-22 5/01 4. An on-site, twenty-four(24)hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size. (3494-5/01) 5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified. (3494-5/01) 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element,with the exception of the twenty-four(24)hour manager. Rental rates shall be calculated using a maximum of 30%of income toward housing expenses based on County of Orange income figures. (3494-5/01) 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3494-5/01) 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. (3494-5/01) B. Unit Requirements. 1. Minimum unit size shall be 250 square feet except double occupancy units shall be a minimum of 400 square feet. (3494-5/01) 2. Maximum unit size shall be three hundred(300) square feet excluding manager's unit and double occupancy units. (3494-5/01) 3. Each unit shall contain a kitchen and bathroom. (3494-5/01) a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16"x 24"), refrigerator, and stove/oven unit and/or microwave; (3494-5/01) b. If stoves/oven units are not provided in each unit,then stoves/oven units shall be provided in a common kitchen area(s). (3494-5/01) c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub. d. Each unit shall have a minimum forty-eight(48) cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred(400) square feet. b. For projects exceeding thirty(30)units, an additional 10 square feet of recreational space per unit is required. (3494-5/01). Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-23 5/01 c. Common recreational space may be indoor or outdoor provided there is at least forty percent(40%) allotted toward indoor space and forty percent (40%) outdoor space; the balance may be either indoors or outdoors. d. Common recreational space may be in separate areas provided each space is not less than two hundred(200) square feet in size and has no less than a ten(10) foot dimension. 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. 3. A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel. (3494-5/01) 4. Mailboxes shall be provided for each unit located near the lobby in plain view of the entry desk. (3494-5/01) 5. Handicap access facilities shall be as required by applicable state or local law. (3494-5/01) 6. At least one handicapped-accessible unit shall be required for every twenty(20)units. (3494-5/01) 7. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. (3494-5/01) 8. A cleaning supply storeroom and/or utility closet with at least one(1) laundry tub with hot and cold water on every floor shall be provided on every floor. (3494-5/01) 9. Storage Lockers (3494-5/01) a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio often(10) cubic feet per unit. 10. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations. (3494-5/01) 11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5)units in a secured and enclosed and covered area. (3494-5/01) 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects. (3494-5/01) 13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3494-5/01) 14. Phone jack(s) shall be provided in each unit. (3494-5/o1) 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor. (3494-5/01) Huntington Beach Zoning and Subdivision ordinance Chapter 230 230-24 5/01 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be for a maximum period of five years subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis,the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. B. Design and Development Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Density/Riding Areas. Maximum density for horse facilities shall be determined by the following criteria: (a) Maximum density shall be twenty-five (25) horses per acre. (b) Minimum riding area shall be five thousand(5,000) square feet per fifteen(15) horses. For facilities with over one hundred(100)horses, two separate arenas shall be provided. In the alternative, off-site riding area shall be provided adjacent to the facility at the rate of one acre per fifteen(15)horses. (c) Exercise rings shall have no dimension less than thirty(30) feet. (d) The minimum arena size shall be ten thousand(10,000) square feet with no dimension less than eighty(80) feet. 3. Maximum Building Height. Maximum building height shall be thirty(30) feet. 4. Required Setbacks. Front: 50 feet (30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to any 300 feet residential zone or use: 5. Corral Design. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-25 5/00 (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet. 6. Wash rack. One wash rack per thirty-five(35)horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35) horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs,bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-26 5/00 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24)hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement,one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12)inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. 7. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-street Parking and Landscaping. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works. 2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten(10) foot wide (inside dimension)planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten(10)years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools,hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-27 5/00 4. The site's proximity to businesses processing hazardous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets. D. Minimum Building Size. 1. Minimum building gross floor area shall be one hundred thousand(100,000) square feet. E. Miscellaneous Requirements. 1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 231. 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard Lots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-28 5/00 B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lotat meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice, eaves and ornamental features 3 2.5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces,platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-29 5/00 A. Datum(100) shall be set at the highest point of the curb along the front propertyline. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three(3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas;parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators)may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334-6/97,3568-9/02) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise,materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverages service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts,but no outdoor preparation of food or beverages shall be permitted. (3525-2/02) B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Excpptions. Notwithstanding the provisions of subsections (A) and(B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries,provided outdoor storage and display is limited to plants,new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals,provided outdoor storage and display shall be limited to vehicles,boats, or equipment offered for sale or rent only. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-30 9/02 D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection(B)below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes,but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations,horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on,prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334-6/97,3568-9/02) C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-31 9/02 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted,the antenna or satellite antenna shall be located on the rear one-half of the roof. (3568-9/02) 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. (3568-9/02) b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. (3568-9/02) 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. (3568-9/02) 5. Screeniniz: The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. (3568-9/02) 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. (3568-9/02) 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. (3568-9/02) 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-32 9/02 B. Air Contaminants. Every use must comply with rules,regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storage On Vacant Lot. A person may not store,park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets,alleys, including access rights and abutters'rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters'rights, drainage,public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: 1. Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement,not to exceed one (1)year,may be granted upon consideration of the following criteria: a. Type of horticultural use proposed. b. Duration(temporary or permanent). c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-33 5/00 2. A precise plan of street,highway or alley alignment. D. Improvements. 1. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council,have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection(3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten(10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees,Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-34 6/97 A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. C. Site Standards. 1. Storage and display of products shall be set back not less than ten(10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced � e Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar($500) cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts,minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A,B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text,the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-35 3199 A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section. (3334-6/97,3410-3/99) 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback,may be constructed to a maximum total height of eight(8) feet including retaining wall with the following: (3525-2/02) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (3525-2/02) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3525-2/02) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (3525-2/02) (4) Approval from Public Works Department. (3525-2/02) 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate,but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five(5) feet of the exterior side property line provided they are equipped with a three(3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. In order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five(5)or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten(10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other-applicable provisions of this section. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-36 2/02 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wail existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six(6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street,the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3)foot setback from the front property line. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict,the maximum height of a retaining wall on the front property line shall be eighteen(18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen(18) inches in height may be erected above the eighteen(18) inch high retaining wall with a minimum three (3) foot front setback. A wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below.) (3410-3/99) ALM j Required Tree/Palm Landscaping I Front ! Building* nrnnrrfv line j Max AT' Patio Max.18" I F Relsinino Walls Sidewalk/Parkway Max.18" *See Maximum building height in Chapter 210 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-37 3/99 e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight (8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence,wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine(9) foot high fences maybe permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334-6/97) B. Required Walls. 1. When office,commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight(8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. C. Visibili 1. On reverse corner lots and corner lots abutting an alley,no fence,wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten(10) feet from the intersection of the rear and street side property lines. 2. On corner lots,no fence,wall, landscaping,berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-36 6/97 (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven(7) feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway. pRopERry�INE "4Z" N� . � CURB N� ' 230-CORP DIAGRAM A ' O' 10' 10 1O' 10' 10 10' 10' 10' 230- .tb STREET/ALLEY DIAGRAM B Huntington Beach Zoning and Subdivision Ordinance Chapter230 230-39 6/97 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY a is THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A. A 42 inch high fence may be constructed on any portion of the lot. ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. "A" Indicates minimum front yard setback. .F. Di a ram C u° aaas� caawocFwxwsenaa+r 230.90 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted subject to the following: A. Initial approval shall be for a maximum of two (2)years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. B. The development shall comply with parking, access and setback requirements contained in Chapter 231. 230.92 Landfill Disposal Sites Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations,permitted Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-40 6/97 under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. A. Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: 1. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance,health, or safety hazard has or is about to occur as a result of such activity therein. 3. Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City,mitigation measures, contained in the operations plan, shall be implemented immediately. D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Health Services and/or the City of Huntington Beach,the following additional measures shall be taken prior to excavation of such site: 1. All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. 2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-41 6/97 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safe1y Code, and any other applicable codes,rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. (3249-6/95;3482-12/00;3525-2/02) A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95) 1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-42 2102 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property,interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk,those spaces must be replaced on-site at a one-to- one (1:1)ratio. (3249-6/95) 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight(8) feet in length including any handle, and no more than six (6) feet in height excluding canopies,umbrellas or transparent enclosures unless a larger size is approved. (3249-6/95,3525-2/02) 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria. B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: (3249-6/95,3525-2/02) 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; (3249-6/95) 2. Appropriateness and location of signing and graphics; (3249-6/95) 3. The width of the sidewalk or pedestrian accessway; (3249-6/95) 4. The proximity and location of building entrances; (3249-6/95) 5. Existing physical obstructions including,but not limited to signposts, light standards, parking meters,benches,phone booths, newsstands, utilities and landscaping; (3249-6/9 ) 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands,hotel zones,passenger loading or parking spaces; (3249-6/95) 7. Pedestrian traffic volumes; and (3249-6/95) 8. Handicapped accessibility. (3249-6/95) C. Operating Requirements, Provisions and Conditions. 1. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. (3249-6/95) 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. (3249-6/95) 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. (3249-6/95) 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. (3249-6/95;3525-2/02) 6. The sale of alcoholic beverages shall be prohibited. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-43 2/02 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. (3249-6/95) 8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95) 9. All cart and kiosk uses shall be self contained for water,waste, and power to operate. (3249-6/95) 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. (3249-6/95,3525-2/02) D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director. (3249-6/95,3525-2/02) E. Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six(6) month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be considered for revocation. (3249-6/95;3525-2/02) F. Limited Notification. Ten(10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: (3525-2/02) 1. Name of applicant. (3525-2/02) 2. Location of planned development or use, including address. (3525-2/02) 3. Nature of the proposed development shall be fully disclosed in the notice. (3525-2/02) 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3525-2/02) 5. The date by which any comments must be received in writing by the Planning Department. (3525-2/02) 6. Planning Department shall receive entire list including name and address of those receiving the mailing. (3525-2/02) 230.96 Wireless Communication Facilities A. PqMose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. 3568-9/02) B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located,wall, roof, or utility mounted) that are: (3568-9/02) a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-44 9102 b. Completely stealth facilities and complies with the base district height limit; or (3568-9/02) c. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and (3568-9/02) 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or (3568-9/02) 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. (3568-9/02) 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located,wall,roof or utility mounted) that are: (3568-9/02) a. Exceeding the maximum building height permitted within the zoning district; or (3568-9/02) b. Visible from beyond the boundaries of the site at eye level (six feet); or (3568-9/02) c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) d. Not designed to be architecturally compatible with surrounding buildings and land uses; or (3568-9/02) e. Facilities in residential districts that do not meet B.l.a or B.Lb. (3568-9/02) 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. (3568-9/02) C. Definitions. For the purpose of this section,the following definitions for the following terms shall apply: (3568-9/02) 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. (3568-9/02) 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure,wall or building. (3568-9/02) 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screed roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-45 9/02 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. (3568-9/02) 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). (3568-9/02) 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. (3568-9/02) 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. (3568-9/02) 8. Stealth Facility or Techniques. Any wireless communication facility,which is designed to blend into the surrounding environment,typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. (3568-9/02) 9. Telecommunication Facility. A wireless communication facility that is either wall mounted, utility mounted, or roof mounted. (3568-9/02) 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines,telephone lines, non-commercial wireless service antennas,radio antennas, street lighting, recreational facility lighting,traffic signal equipment or any other utility which meets the purpose and intent of this definition. (3568-9/02) 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank,the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. (3568-9/02) 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. (3568-9/02) D. Applicability. (3568-9/02) 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section,provided that: (3568-9/02) a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-46 9/02 b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines,unless and until such time as subparagraph(2) of this section applies. (3568-9/02) c. Any facility,which is subject to a previously approved and valid conditional use permit,may be modified within the scope of the applicable permit without complying with these regulations and guidelines. (3568-9/02) 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. (3568-9/02) 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.90 (Antennae) for additional requirements. (3568-9/02) a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service,including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). (3568-9/02) b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. (3568-9/02) c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service,provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. (3568-9/02) d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-9/02) e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. (3568-9/02) E. Facility Standards. 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color,texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. (3568-9/02) b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing i equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used,then it must be vinyl coated and not include barbed wire. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-47 9/02 c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. (3568-9/02) 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (3568-9/02) 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. (3568-9/02) 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. (3568-9/02) 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: (3568-9/02) a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: (3568-9/02) 1. All transmit and receive frequencies; (3568-9/02) 2. Effective Radiated Power(ERP); (3568-9/02) 3. Antenna height above ground, and (3568-9/02) 4. Antenna pattern,both horizontal and vertical(E Plane and H Plane). (3568-9/02) b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (3568-9/02) c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the"frequency planning"process has been met. (3568-9/02) d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems maybe reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (3568-9/02) e. The applicant shall insure that lessee or other user(s)shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-48 9/02 6. Lighting: All outside lighting shall be directed to prevent"spillage"onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (3568-9/02) 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. (3568-9/02) 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. (3568-9/02) 9. Signs: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (3568-9/02) F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: (3568-9/02) 1. Compatibility with the surrounding environment or architecturally integrated into a structure. (3568-9/02) 2. Screened or camouflaged by existing or proposed topography, vegetation,buildings or other structures as measured from beyond the boundaries of the site at eye level(six feet). (3568-9/02) 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. (3568-9/02) 4. No portion of a wireless communication facility shall project over property lines. (3568-9/02) G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: (3568-9/02) 1. Any wireless communication facilities to be constructed on or beneath the public right-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. (3568-9/02) 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television,telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. (3568-9/02) 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. (3568-9/02) 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including,but not limited to,those pertaining to encroachment permits and all applicable fees. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 23049 9102 5. Any wireless communication facility installed,used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section,project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. (3568-9/02) 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility,with the approval of the City Engineer,provided a franchise agreement exists allowing wireless installation. (3568-9/02) 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.)the applicant shall have a franchise agreement approved by the City Council. (3568-9/02) H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: (3568-9/02) 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. (3568-9/02) 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. (3568-9/02) I. Additional Requirements. l. Landscaping_ Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. (3568-9/02) 2. UtilityAgreement: If the proposed facility will require electrical power or any other utility services to the site,the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying the power or other services,that they accept all responsibility for those lines in the public right-of-way. (3568-9/02) J. Facility Removal. 1. Cessation of Operation: Within thirty(30)days of cessation of operations of any wireless communication facility approved under this section,the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: (3568-9/02) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6)months of the notice; or (3568-9/02) b. The City has received written notification of a transfer of wireless communication operators. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-50 9/02 2. Abandonment: A facility that is inoperative or unused for a period of six(6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (3568-9/02) 3. Removal of Abandoned Facility: The operator of the facility and the owner(s)of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1)remove the facility and restore the premises, or(2)provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6)month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02) 4. Removal by City: At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable,the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair,restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 23051 9/02 " hapter23 ``Mobehome P � a +aie�ri�ns � (3334-6/97,3595-1/03) Sections: 234.02 Applicability 234.04 Definitions 234.06 Removal of MHP Overlay or RMP Zone or Change of Use 234.08 Relocation Assistance Plan 234.10 Acceptance of Reports 234.12 Action by Planning Commission 234.14 Fees Required 234.02 Applicability All findings required for removal of the MHP overlay zone shall also be applied to requests for rezoning existing RMP districts to different zoning districts, and for any change of use as hereinafter defined. All findings required for removal of the MHP overlay, rezoning from RMP or change in use shall be required for all property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the preceding five (5) years. 234.04 Definitions Words and phrases whenever used in this chapter shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household's gross income for low income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation,partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire park or any portion thereof, and such "change of use" shall include,but is not limited to, a change of a park or any portion thereof to a condominium, stock cooperative,planned unit development, commercial use, industrial use, or vacant land. Huntington Beach Zoning and Subdivision Ordinance Chapter 234 234-1 1/03 D. Eligible owner. Any mobilehome owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Market rate unit. A residential unit that is sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications. F. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218. G. Mobilehome Park. An area of land where two or more mobile home sites are rented, or held out for rent,to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. H. Mobilehome space. Any area, tract of land, site, lot,pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. I. Notice of intent to change use. Notification as required by California Civil Code Section 798.56(g)(2). (3595-1/03) J. Original purchase price. The price which the mobilehome owner, occupying the mobilehome space, originally paid for the mobilehome and any attached optional equipment and/or tag-a-longs and expando rooms. In determining the price,the regulations for establishing the cost basis, as found in the United States Code Title 26, Internal Revenue Code, shall be used. Such purchase price shall be verified by the mobilehome owner through existence of sales receipts indicating date of purchase, monetary amount of purchase, identification or model numbers of all items purchased and the parry from whom the items were purchased. "Original purchase price" shall not include cost of financing. K. Senior citizen unit. A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. 234.06 Removal of MHP Overlay or RMP Zone or Change of Use The City Council shall not approve a zone change for any parcel when such change would have the effect of removing the MHP or RMP designation from that property, or approve a change of use unless the following findings have been made: A. That all applicable requirements as set forth in California Government Code Section 66427.4, or 65863.7,whichever is applicable, have been completed. (3595—1/03) B. That the proposed zoning is consistent with the General Plan of the City of Huntington Beach and all elements thereof; and for projects located within the coastal zone that the proposed zoning is consistent with the Land Use Plan portion of the Local Coastal Program. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 234 234-2 1/03 C. That the proposed change of land use will not have an adverse effect upon the goals and policies + for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. D. That the property which is the subject of the zone change would be more appropriately developed in accordance with uses permitted by the underlying zoning, or proposed zoning. E. That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners was delivered to such owners and to the Department of Community Development at least eighteen(18)months prior to the date the mobilehome owner is required to vacate the premises. F. The zone change shall not become effective unless a Local Coastal Program amendment is effectively certified by the Coastal Commission. (3334-6/97) 234.08 Relocation Assistance Plan The following shall constitute minimum standards for an acceptable relocation assistance plan: A. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of relocation. Those costs shall be limited to disconnection and breakdown of the mobilehome, transportation of the mobilehome, all readily movable appurtenances and contents to another mobilehome park and the cost of all hookups at the new site. All such expenses shall be identified and paid by the applicant at the time of the move. The park to which the unit is relocated shall be within fifty(50)miles of the city. If the mobilehome owner desires relocation beyond fifty(50)miles,the mobilehome owner shall be responsible for the additional costs associated with relocation beyond the fifty (50) mile limit established by this chapter. B. Mobilehome Purchase. If the mobilehome owner cannot be relocated to another park in accordance with the procedures herein, the applicant shall purchase the mobilehome and any optional equipment and/or tag-a-longs and expando rooms from the mobilehome owner at an amount to be determined after reestablishing the mobilehome owner's original purchase price, and the date of original purchase. Where proof of purchase is not available or verifiable, and the manufacturer's original list price cannot be ascertained, the value of the mobilehome shall be determined by averaging the sales price of the three (3)most comparable units of similar age, size, and quality found in the applicant's mobilehome park at the time the mobilehome owner purchased the site. When the original price is ascertained, the amount of compensation to be paid by an applicant to a mobilehome owner shall be determined by using the following method: Mobilehomes shall be depreciated at a rate of 4.7 percent per year,beginning with the date the mobilehome owner originally purchased the mobilehome and/or optional equipment and continuing until the date of issuance by the applicant of the notice of intent to change use. The applicant may grant one(1) six-month extension to the length of time given to the mobilehome owners in the notice of intent to change use by notifying the mobilehome owners of such extension at least four(4)months prior to the date specified in such notice. The extension shall be granted for no more and no less than six (6)months. Huntington Beach Zoning and Subdivision Ordinance Chapter 234 234-3 6/97 An applicant may,with the consent of the mobilehome owner, transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. C. Compensation. The mobilehome owner's compensation for any mobilehome that cannot be relocated to any other park shall be no less than four thousand five hundred dollars ($4,500)plus moving expenses up to five hundred dollars ($500), an aggregate not to exceed five thousand dollars ($5,000). In order to reduce the impact of relocation to alternative housing further, the applicant shall pay a cost of housing differential of 50 percent of the increase in the cost of housing for the first year, not to exceed seven hundred fifty dollars ($750) for each mobilehome owner. D. Alternative Housing. If the mobilehome owner cannot be relocated in accordance with the procedures contained herein, the applicant has the option of making available suitable alternative housing, together with compensation, to such mobilehome owner. Where alternative housing is proposed, it shall be available in the following categories: 1. Senior citizen housing; 2. Affordable housing; and 3. Market rate housing. E. Modification of Relocation Plan. Any applicant and mobilehome owner may mutually agree to modify the standards and methods contained in this section, and in no case shall an applicant be required to relocate or purchase a mobilehome prior to the date o 0 the notice of intent to change use. F. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty(30) days after the mobilehome owner has notice of the amount he/she is to receive. The applicant shall acknowledge any appeal within thirty(30) days, and if an agreement cannot be reached, the matter shall be referred to a professional arbitrator. To determine whether compensation accurately reflects the original cost of the mobilehome,the applicant and/or professional arbitrator shall rely on records furnished by the mobilehome owner, or if such records are not available, the mobilehome shall be subjected to the comparison test set out elsewhere in this section. All optional equipment and appurtenances shall be valued in the same manner. G. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right- of-refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. H. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plan was approved. That the applicant has complied with the conditions of approval, including the following items: 1. Mobilehome owners will not be forced to relocate prior to the end of their leases Huntington Beach Zoning and Subdivision Ordinance Chapter 234 234-4 6/97 2. Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assistance plan. 3. Demolition or construction will not occur until the relocation assistance plan is approved and the eighteen(18)month notification period has expired. 234.10 Acceptance of Reports The final form of the impact of conversion report and relocation assistance plan will be as approved by the Planning Commission. The reports, if acceptable, shall remain on file with the Director for review by any interested persons. Each of the mobilehome owners shall be given written notification within ten (10) days of approval of the relocation assistance plan. 234.12 Actions of Planning Commission At the conclusion of its hearing, noticed as provided in this code, the Planning Commission shall approve, conditionally approve, or deny said impact of conversion report and relocation assistance plan pursuant to the provisions of this article, and such decision shall be supported by a resolution of the Planning Commission, setting forth its findings. 234.14 Fees Required Each impact report and relocation assistance plan submitted shall be accompanied by a fee established by resolution of the City Council. Huntington Beach Zoning and Subdivision Ordinance Chapter 234 234-5 6/97 HUNTING TON BEACH ZONING ORDINANCE UPDATES Please Remove from Please Add to Code Code Table of Contents Table of Contents Chapter 230 Chapter 230 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Contact Dale Jones, Deputy City Clerk (714) 374-1632 ?Zoning Code is available on the !nlernetr http://www.ci.huntington-beach.ca.us or http://www.hbsurfcity.com/clerk ,. Tj E OF CONTENTS . , ZONING MAPS ZONING AND SUBDIVISION ORDINANCE Page TITLE 20 -- GENERAL PROVISIONS Chapter 201 Title, Components, and Purpose 201.02 Title 201-1 201.04 Components 201-1 201.06 Purpose 201-1 201.08 Consideration of Discretionary Applications 201-2 Chapter 202 Organization, Applicability, and Interpretation 202.02 Organization 202-1 202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance 202-2 202.06 Applicability of Land Use Controls and Development Standards 202-3 202.08 Rules for Interpretation; Record-Keeping 202-4 202.10 Responsibilities 202-4 202.12 Effect of This Ordinance on Approved Projects and Projects in Process 202-5 Chapter 203 Definitions 203.02 Applicability 203-1 203.04 Rules for Construction of Language 203-1 203.06 Definitions 203-2 Chapter 204 Use Classifications 204.02 Applicability 204-1 204.04 Uses Not Classified 204-1 204.06 Residential Use Classifications 204-1 204.08 Public and Semipublic Use Classifications 204-2 204.10 Commercial Use Classifications 204-4 204.12 Industrial Use Classifications 204-10 204.14 Accessory Use Classifications 204-11 204.16 Temporary Use Classifications 204-11 TITLE 21 --BASE DISTRICTS Chapter 210 Residential Districts 210.02 Residential Districts Established 210-1 210.04 RL, RM, RMH,RH and RMP Districts: Land Use Controls 210-2 210.06 RL, RM, RMH,RH and RMP Districts: Property Development Standards 210-5 Huntington Beach Zoning and Subdivision Ordinance TOC i 4/98 210.08 Development Standards for Senior Projects 210-19 210.10 Modifications for Affordable Housing 210-20 210.12 Planned Unit Development Supplemental Standards and Provisions 210-20 210.14 RMP District Supplemental Development Standards 210-21 210.16 Review of Plans 210-22 Chapter 211 C Commercial Districts 211.02 Commercial Districts Established 211-1 211.04 CO, CG, and CV Districts: Land Use Controls 211-1 211.06 CO, CG, and CV Districts: Development Standards 211-8 211.08 Review of Plans 211-12 Chapter 212 I Industrial Districts 212.02 Industrial Districts Established 212-1 212.04 IG and IL Districts: Land Use Controls 212-1 212.06 IG and IL Districts: Development Standards 212-9 212.08 Review of Plans 212-12 Chapter 213 OS Open Space District 213.02 Open Space District Established 213-1 213.04 Applicability 213-1 213.06 OS District: Land Use Controls 213-1 213.08 OS District: Development Standards 213-4 213.10 Review of Plans 213-5 Chapter 214 PS Public-Semipublic District 214.02 Public-Semi Public District Established 214-1 214.04 Applicability 214-1 214.06 PS District: Land Use Controls 214-1 214.08 PS District: Development Standards 214-3 214.10 Review of Plans 214-5 Chapter 215 SP Specific Plan District 215.02 Specific Plan District Established 215-1 215.04 SP District: Land Use Controls 215-1 215.06 SP District: Development Standards 215-1 215.08 Initiation 215-2 215.10 Required Plans and Materials 215-2 215.12 Planning Commission Action 215-2 215.14 Status of Specific Plan 215-3 215.16 Zoning Map Designation 215-3 215.18 Review of Plans 215-3 Chapter 216 CC Coastal Conservation District 216.02 Purpose 216-1 216.04 Definitions 216-1 216.06 Designation of the Project Area 216-2 216.08 Permitted Uses and Structures 216-2 216.10 Economically Viable Use Determination 216-5 216.12 Prohibited Principal Use and Structures 216-7 216.14 Required Permits/Agreements 216-7 Huntington Beach Zoning and Subdivision Ordinance TOC ii 2/02 216.16 Required Consideration of Alternatives 216-8 216.18 Performance Standards 216-8 216.20 Required Findings 216-11 TITLE 22 - OVERLAY DISTRICTS Chapter 220 O Oil Production Overlay District 220.02 Oil Production Overlay District Established 220-1 220.04 Zoning Map Designator and Applicability 220-1 220.06 Area Requirements 220-1 220.08 Reuse Plan Required 220-2 220.10 Criteria for Approval of a Reuse Plan 220-2 220.12 Site Compliance 220-3 220.14 Land Use Controls and Development Standards 220-3 220.16 Portable Equipment Required 220-3 220.18 Application for Designation 220-3 220.20 01 District- Dedication Requirements 220-3 220.22 Waiver or Reduction of Dedication Requirements 220-4 220.24 Criteria for Waiver or Reduction of Dedication Requirements 220-4 Chapter 221 CZ Coastal Zone Overlay District 221.02 Coastal Zone Overlay District Established 221-1 221.04 Zoning Map Designator 221-1 221.06 Requirements for Coastal Development Permit 221-1 221.08 Land Use Controls 221-2 0 221.10 Repealed 221.12 Coastal Access and Public Use Areas, Signs Required 221-2 221.14 Preservation of Visual Resources 221-2 221.16 Community Facilities 221-2 221.18 Diking, Dredging and Filing 221-2 221.20 Hazards 221-3 221.22 Buffer Requirements 221-3 221.24 Energy Facilities 221-3 221.26 Residential Density Limitations 221-4 221.28 Maximum Height 221-4 221.30 Off-Street Parking Requirements 221-4 221.32 Landscaping 221-5 221.34 Signs 221-5 221.36 Public Access Implementation 221-5 Chapter 222 FP Floodplain Overlay District 222.02 Floodplain Overlay District Established 222-1 222.04 Zoning Map Designators; Establishment of Hazard Areas 222-1 222.06 Definitions 222-2 222.08 Methods of Reducing Flood Hazards 222-6 222.10 General Provisions 222-6 222.12 Land Use Controls 222-8 222.14 Development Standards and Standards of Construction 222-10 222.16 Variances/Appeals 222-14 Chapter 223 IS Interim Study Overlay District 223.02 Interim Study Overlay District Established 223-1 Huntington Beach Zoning and Subdivision Ordinance TOC iii 4/98 223.04 Zoning Map Designator 223-1 223.06 Land Use Controls 223-1 223.08 Development Standards 223-2 223.10 Expiration of IS District Ordinance; Renewal 223-2 223.12 Resubmittal of Development Proposals 223-2 Chapter 224 NC Neighborhood Conservation Overlay District 224.02 Neighborhood Conservation Overlay Established 224-1 224.04 Area Requirements 224-1 224.06 Status of NC Overlay District and Approved Plan 224-1 224.08 Allowable Modifications to Land Use Controls and Development Standards 224-2 224.10 Application for Designation 224-2 224.12 Adoption Procedures 224-2 224.14 Zoning Map Designator 224-3 224.16 Building Permits to Conform to Adopted Plan and Other Applicable Requirements 224-3 Chapter 225 PAD Planned Area Development Overlay District 225.02 Planned Area Development Overlay District Established 225-1 225.04 Site Requirements 225-1 225.06 Status of PAD Planned Area Development Overlay District and Approved Plan 225-1 225.08 Allowable Modifications to Land Use Controls and Development Standards 225-2 225.10 Application for Designation 225-2 225.12 Adoption of PAD Overlay District and Area Plan 225-2 225.14 Zoning Map Designator 225-3 225.16 Building Permits to Conform to Adopted Plan and Other Applicable Requirements 225-3 Chapter 226 H High-Rise Overlay District 226.02 High-Rise Overlay District Established 226-1 226.04 Applicability and Zoning Map Designator 226-1 226.06 Land Use Controls 226-1 226.08 Development Standards 226-1 Chapter 227 MHP Mobilehome Overlay District 227.02 Mobilehome Overlay District Established 227-1 227.04 Zoning Map Designator 227-1 227.06 Criteria for Application of Zone 227-1 227.08 Uses Permitted 227-1 227.10 Removal of the Mobilehome Park Overlay District or Change of Use 227-2 TITLE 23 - PROVISIONS APPLYING IN ALL OR SEVERAL DISTRICTS Chapter 230 Site Standards 230.02 Applicability 230-2 Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230-2 230.06 Religious Assembly Yard Requirements 230-2 Huntington Beach Zoning and Subdivision Ordinance TOC iv 2/02 230.08 Accessory Structures 230-2 230.10 Accessory Dwelling Units 230-3 230.12 Home Occupation in R Districts 230-4 230.14 Affordable Housing Incentives/Density Bonus 230-5 230.16 Manufactured Homes 230-9 230.18 Subdivision Sales Office and Model Homes 230-10 230.20 Payment of Park Fee 230-10 230.22 Residential Infill Lot Developments 230-11 230.24 Small Lot Development Standards 230-12 230.26 (Reserved) 230-14 230.28 (Reserved) 230-14 230.30 (Reserved) 230-14 Non-Residential Districts 230.32 Service Stations 230-14 230.34 Housing of Goods 230-16 230.36 Transportation Demand Management 230-16 230.38 Game Centers 230-19 230.40 Helicopter Takeoff and Landing Areas 230-20 230.42 Bed and Breakfast lens 230-21 230.44 Recycling Operations 230-22 230.46 Single Room Occupancy 230-22 230.48 Equestrian Centers 230-25 230.50 Indoor Swap Meets/Flea Markets 230-27 230.52 (Reserved) 230-28 230.54 (Reserved) 230-28 230.56 (Reserved) 230-28 230.58 (Reserved) 230-28 230.60 (Reserved) 230-28 All Districts 230.62 Building Site Required 230-28 230.64 Development on Substandard Lots 230-28 230.66 Development on Lots Divided by District Boundaries 230-29 230.68 Building Projections Into Yards and Courts 230-29 230.70 Measurement of Height 230-29 230.72 Exceptions to Height Limits 230-30 230.74 Outdoor Facilities 230-30 230.76 Screening of Mechanical Equipment 230-31 230.78 Refuse Storage Area 230-31 230.80 Antennae 230-31 230.82 Performance Standards for All Uses 230-32 230.84 Dedication and Improvements 230-33 230.86 Seasonal Sales 230-34 230.88 Fencing and Yards 230-35 230.90 Contractor Storage Yards/Mulching Operations 230-40 230.92 Landfill Disposal Sites 230-41 230.94 Carts and Kiosks 230-42 230.96 Wireless Communication Facilities 230-44 Chapter 231 Off-Street Parking and Loading Provisions 231.02 Basic Requirements for Off-Street Parking and Loading 231-1 231.04 Off-Street Parking and Loading Spaces Required 231-3 Huntington Beach Zoning and Subdivision Ordinance TOC v 9/02 231.06 Joint Use of Parking 231-10 231.08 Reduced Parking for Certain Uses 231-11 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231-11 231.12 Parking Spaces for the Handicapped 231-11 231.14 Parking Space Dimensions 231-12 231.16 Application of Dimensional Requirements 231-14 231.18 Design Standards 231-14 231.20 Compact Parking 231-20 231.22 Driveways; Visibility 231-21 231.24 Landscape Improvements 231-21 231.26 Parking Area Plan Required 231-21 231.28 Oceanside or On-Street Parking within the Coastal Zone 231-21 Chapter 232 Landscape Improvements 232.02 Applicability 232-1 232.04 General Requirements 232-1 232.06 Materials 232-2 232.08 Design Standards 232-3 232.10 Irrigation 232-4 232.12 Exceptions 232-5 Chapter 233 Signs 233.02 Reserved 233-1 233.04 Permits Required 233-1 233.06 Permitted Signs 233-4 233.08 Exempt Signs 233-12 233.10 Prohibited Signs 233-13 233.12 Electronic Readerboards 233-14 233.14 Readerboard Signs-Multiple Users 233-16 233.16 Subdivision Directional Signs 233-18 233.18 Promotional Activity Signs 233-19 233.20 Planned Sign Program 233-19 233.22 Miscellaneous Signs and Provisions 233-20 233.24 Nonconforming Signs 233-21 233.26 Code Compliance 233-21 233.28 Definitions 233-21 Chapter 234 Mobilehome Park Conversions 234.02 Applicability 234-1 234.04 Definitions 234-1 234.06 Removal of MHP Overlay or RMP Zone or Change of Use 234-2 234.08 Relocation Assistance Plan 234-3 234.10 Acceptance of Reports 234-5 234.12 Action by Planning Commission 234-5 234.14 Fees Required 234-5 Chapter 235 Residential Condominium Conversions 235.02 Definitions 235-1 235.04 Permit Required 235-2 235.06 Required Reports and Information 235-2 235.08 Condominium Conversion Standards 235-4 Huntington Beach Zoning and Subdivision Ordinance TOC vi 2/02 235.10 Tenant Benefits and Notification 235-5 235.12 Effect of Proposed Conversions on the City's Low-and Moderate- Income Housing Supply 235-6 235.14 Bonus for Including Low- and Moderate-Income Housing 235-6 235.16 Findings 235-7 Chapter 236 Nonconforming Uses and Structures 236.02 General Provisions 236-1 236.04 Destruction of a Nonconforming Structure or Use 236-1 236.06 Alterations to a Nonconforming Structure or Use 236-2 236.08 Sex Oriented Businesses 236-3 TITLE 24 - ADMINISTRATION Chapter 240 Zoning Approval; Environmental Review; Fees and Deposits 240.02 Zoning Approval 240-1 240.04 Environmental Review 240-1 240.06 Fees and Deposits 240-2 Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits;Waiver of Development Standards 241.02 Procedures Established 241-1 241.04 Authority of Planning Commission and Zoning Administrator 241-2 241.06 Initiation 241-2 241.08 Notice and Public Hearing 241-2 241.10 Required Findings 241-2 241.12 Conditions of Approval 241-3 241.14 Effective Date; Appeals 241-3 241.16 Time Limit; Transferability; Discontinuance; Revocation 241-3 241.18 Changed Plans; New Application 241-4 241.20 Temporary Use Permits 241-4 241.22 Waiver of Development Standards 241-5 Chapter 242 (Reserved) 242-1 Chapter 243 (Reserved) 243-1 Chapter 244 Design Review 244.02 Applicability 244-1 244.04 Duties of the Design Review Board 244-1 244.06 Scope of Review 244-2 244.08 Required Plans and Materials 244-3 Chapter 245 Coastal Development Permit 245.02 Specific Purpose 245-1 245.04 Definitions 245-1 245.06 Permit Required 245-3 245.07 Emergency Coastal Development Permit 245-4 245.08 Exemptions 245-5 245.10 Categorical Exclusions 245-9 245.12 Application Requirements 245-11 245.14 Determination of Applicable Procedures 245-11 Huntington Beach Zoning and Subdivision Ordinance TOC vii 2/02 245.16 Action on Coastal Development Permit 245-12 245.18 Public Hearing and Comment 245-12 245.20 Notice for Appealable Development 245-12 245.22 Notice for Non-Appealable Development 245-13 245.23 Waiver of Public Hearing for Minor Development 245-14 245.24 Notice of City Action 245-14 245.26 Precedence of Local Coastal Program 245-16 245.28 Conditions 245-16 245.30 Findings 245-16 245.32 Appeals 245-17 245.34 Application After Denial 245-18 245.36 Expiration of Coastal Development Permit 245-18 245.38 Permit Amendment 245-18 Chapter 246 Development Agreements 246.02 Purpose 246-1 246.04 Application Requirements 246-1 246.06 Department Review and Recommendations 246-2 246.08 Public Hearing Required 246-2 246.10 Planning Commission Action 246-2 246.12 City Council Action 246-3 246.14 Annual Review 246-3 246.16 Application of Existing Rules, Standards, and Policies 246-4 246.18 Modification and Termination 246-4 Chapter 247 Amendments 247.02 Initiation of Amendments 247-1 247.04 Required Application Materials for Amendments Initiated by Others 247-1 247.06 Public Hearing Scope and Notice 247-1 247.08 Planning Commission Review and Recommendation 247-2 247.10 Determination Before Making Recommendation on Change in Zoning or Subdivision Provision or Standard 247-2 247.12 Result of Planning Commission Denial 247-3 247.14 City Council Action 247-3 247.16 Local Coastal Program Amendments 247-3 Chapter 248 Notices, Hearings, Findings, Decisions and Appeals 248.02 Director's Duty To Give Notice 248-1 248.04 Notice Requirements 248-2 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248-2 248.08 Requirement that Findings Be Made Upon Grant of Application 248-2 248.10 Time and Manner of Decision 248-3 248.12 Time Limit on Reapplication for Same Matter 248-3 248.14 Denial Without Prejudice 248-3 248.16 Finality of Decision and Time for Appeal 248-3 248.18 Designation of Hearing Body on Appeal 248-4 248.20 Appeal of Decision 248-4 248.22 Appeal of Failure to Act 248-4 248.24 Appeal of Decision Not Otherwise Provided For 248-5 248.26 Fee for Appeal 248-5 248.28 Appeal by City Council Member, or Planning Commissioner 248-5 248.30 Effective Date of Decision 248-5 Huntington Beach Zoning and Subdivision Ordinance TOC viii 4/98 Chapter 249 Enforcement 249.02 Permits, Licenses, Certificates, and Approvals 249-1 249.04 Enforcement Responsibilities 249-1 249.06 Revocation of Discretionary Permits 249-1 249.08 Enforcement Penalties 249-2 249.10 Abatement Procedure 249-3 249.12 Lien Procedure 249-5 TITLE 25 -- SUBDIVISIONS Chapter 250 General Provisions 250.02 Citation and Authority 250-1 250.04 Consistency 250-1 250.06 Applicability 250-1 250.08 Exceptions 250-2 250.10 Definitions 250-2 250.12 Responsibilities 250-4 250.14 Map Requirements 250-6 250.16 Fees and Deposits 250-7 Chapter 251 Tentative Maps 251.02 General 251-1 251.04 Form and Contents 251-1 251.06 Accompanying Data and Reports 251-2 251.08 Hearings and Action 251-3 251.10 Waiver of Time Limits for Zoning Administrator or Planning Commission Action 251-4 251.12 Appeals of Planning Commission or Zoning Administrator Action 251-4 251.14 Expiration 251-4 251.16 Extensions 251-4 251.18 Amendments to Approved or Conditionally Approved Tentative Map 251-5 251.20 Waiver of Parcel Map Requirements 251-5 Chapter 252 Vesting Tentative Maps 252.02 Application 252-1 252.04 Filing and Processing 252-1 252.06 Fees 252-2 252.08 Expiration 252-2 252.10 Rights of a Vesting Tentative Map 252-2 252.12 Amendment to Approved Vesting Tentative Map 252-3 252.14 Development Inconsistent with Zoning 252-3 Chapter 253 Final Maps and Parcel Maps 253.02 General 253-1 253.04 Phasing 253-1 253.06 Survey Required 253-1 253.08 Form 253-2 253.10 Contents 253-2 253.12 Preliminary Submittal for City Approval 253-4 253.14 Review by City Engineer 253-5 253.16 Approval by City Engineer 253-6 253.18 Final Map Approval by City Council 253-6 Huntington Beach Zoning and Subdivision Ordinance TOC ix 5/97 253.20 Limitation on Denial by City Council 253-6 253.22 Filing with the County Recorder 253-6 253.24 Requirements for Correction and Amendment of Maps 253-7 Chapter 254 Dedications and Reservations 254.02 Dedication of Streets, Alleys, and Other Public Rights-of-Way or Easements 254-1 254.04 Waiver of Direct Access Rights 254-1 254.06 Dedications 254-1 254.08 Parkland Dedication 254-2 254.10 School Site Dedication 254-6 254.12 Reservations 254-7 254.14 Local Transit Facilities 254-8 254.16 Bridges and Major Thoroughfares 254-8 254.18 Supplemental Improvement Capacity 254-8 254.20 Drainage Fees 254-8 254.22 Solar Access Easements 254-9 254.24 Other Public Facilities 254-9 Chapter 255 Improvements 255.02 General 255-1 255.04 Improvements Required 255-1 255.06 Deferred Improvement Agreements 255-3 255.08 Design 255-4 255.10 Access 255-5 255.12 Improvement Plans 255-5 255.14 Improvement Agreement 255-6 255.16 Improvement Security 255-7 255.18 Construction and Inspection 255-9 255.20 Completion of Improvements 255-9 255.22 Acceptance of Improvements 255-10 Chapter 256 Reversions to Acreage 256.02 General 256-1 256.04 Initiation of Proceedings 256-1 256.06 Contents of Petition 256-1 256.08 Submittal of Petition to the City Engineer 256-2 256.10 City Council Action 256-2 256.12 Filing with County Recorder 256-3 Chapter 257 Mergers 257.02 Mergers Required 257-1 257.04 Notice of Intention to Determine Status 257-2 257.06 Hearing on Determination of Status 257-2 257.08 Determination of Merger 257-2 257.10 Appeals 257-3 257.12 Determination When No Hearing Is Requested 257-3 257.14 Request to Merge by Property Owner 257-3 257.16 Request for Determination by Owner 257-3 257.18 Unmerged Lots 257-4 Chapter 258 Enforcement 258.02 Prohibition 258-1 Huntington Beach Zoning and Subdivision Ordinance TOC x 5/97 258.04 Remedies 258-1 258.06 Certificate of Compliance 258-2 258.08 Notice of Violation 258-3 258.10 Appeals of Director's Action 258-4 INDEX APPENDIX Huntington Beach Ordinance Code - Article 910, Residential Agriculture (RA) Alquist-Priolo Earthquake Fault Zoning Act Huntington Beach Code Reference Huntington Beach Zoning and Subdivision Ordinance TOC A 5/97 J=Chap�terz..), ".-0-Site Standards (3249-6/95,3301-11195,3334-6/97,3410-3/99,3455-5/00,3482-12/00,3494-5/01,3525-2/02,3568-9/02,EMG 3594-11/02) Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Park Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards (3455-5/00) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-1 9/02 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.96 Wireless Communication Facilities 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334- 6/97) 230.06 Religious Assembly Yard Requirements Yards, height and bulk, and buffering requirements shall be as specified by a conditional use permit, provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 230.08 Accessory Structures A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-2 9/02 principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports,which abut an alley.No accessory structures shall be permitted off-site. C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Separation. The distance between buildings on the same lot shall not be less than 10 feet. 230.10 Accessory Dwelling Units A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single family dwelling subject to a conditional use permit issued by the Zoning Administrator. Applications shall be submitted to the Director accompanied by the required fee, plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Zoning Administrator shall approve a conditional use permit for an accessory dwelling unit after a duly noticed public hearing upon finding that: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection (C) of this section; 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes; 3. The main dwelling or the accessory dwelling will be owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-3 5/00 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. All parking spaces shall comply with Section 231.18D. (3334-6/97) 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. C. Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for record with the County Recorder within 30 days of approval. Evidence of such filing shall be submitted to the Director within 30 days of approval. E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed at 25 percent of the fee for a single family residence as set by resolution of the City Council and paid prior to issuance of the building permit. 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. C. Required Conditions. Home occupations shall comply with the following conditions: 1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-4 6/97 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. A conditional use permit shall be issued by the Zoning Administrator when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. The City may grant incentives to the developer. An incentive includes, but is not limited to, the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including, but not limited to, a reduction in setback, lot coverage, floor area ratio,parking and open space requirements. 3. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City, i.e.,housing set-aside funds. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-5 5/00 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgage payments. 1. For the purpose of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five percent(25%) of the gross family income. 2. For the purpose of this section, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of sixty percent (60%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of fifty percent (50%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. D. Affordability requirements. l. Percentage of affordable units required. To qualify for a density bonus and/or other incentives, the developer of a residential project must agree to one of the following: a. Provide at least twenty percent (20%) of the total units of the housing development for lower income households; or b. Provide at least ten percent (10%) of the total units of the housing development for very low income households; or c. Provide at least fifty percent (50%) of the total units of the housing development for qualifying senior residents. The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold, or leased at "market" rates. If a developer is granted a density bonus in excess of twenty-five percent(25%), those additional units above the twenty-five percent (25%) may be required to be maintained affordable for "moderate income" households. 2. Duration of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty(30) years. If the City does not grant at least one concession or incentive pursuant to this chapter in addition to the density bonus, or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten(10) years. 3. Affordable unit distribution and product mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project. 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-6 5100 recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915, et seq. of the California Government Code,prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to, the following items: a. The number of and duration of the affordability for the affordable units; b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.18B unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: a. A general description of the proposed project, general plan designation, applicable zoning, maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five (5) units to qualify for a density bonus. b. A calculation of the density bonus allowed. c. In the case that the developer requests the City to modify development standards as another incentive, a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-7 5100 d. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council. 3. The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents, lower or very low income households in residential projects. 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. F. Required findings_for approval. 1. Density bonus. In granting a conditional use permit for a density bonus,the Planning Commission/City Council shall make all of the following findings: a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments,or recreational resources. c. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. e. If located within the coastal zone, the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334-6/97) 2. Other incentives. A request for an additional incentive shall not be denied by the Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units. is Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-8 5/00 In granting any other incentives as defined in this section, the Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s) will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. c. The granting of the proposed other incentive(s)will not be detrimental to the general health,welfare, and safety of persons working or residing in the vicinity. d. The granting of the proposed other incentive(s)will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s)will not impose an undue financial hardship on the City. f. If the other incentive is a modification of development standards, the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. g. The granting of the proposed other incentive will not result in the filling or dredging of wetlands. (3334-6/97) 230.16 Manufactured Homes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241. B. Location and Design Requirements. Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards, provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria: Manufactured homes shall not be allowed: a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot; or c. As an accessory building or use on an already developed lot. 2. Design Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-9 5/00 b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and standards. Before occupancy, the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. (3525-2/02) A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs,parking signs, directional signs, temporary structures,parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Park Fee As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. (EMG 3594-11/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-10 11/02 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations should include, but not be limited to, lot size, lot frontages, building layout, building configuration and design,building materials, product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements. (3301-11/95) A. Privacy Design Standards. 1. New residences shall off-set windows from those on existing residences to insure maximum privacy. The use of translucent glass or similar material, shall be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (3301-11/95) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling infill development. (3301-11/95) 3. Provide architectural features (projections, off-sets) to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11/95) D. Public Notification Requirements. 1. Ten (10) working days prior to submittal for plan check(plan review) the applicant shall give notice of the application to adjacent property owners and the City of Huntington Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-11 5/00 Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; b. Location of planned development, including street address (if known) and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10)working days from plan check (plan review) submittal; and f. The address of the Department of Community Development. 2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s)when submitting the application for plan check (plan review). The adjacent property owners shall have ten (10) working days from plan check (plan review) submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (3301-11/95) 230.24 Small Lot Development Standards A. Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multi-family districts. Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals prior to Planning Commission action. These standards shall apply to all small lot subdivisions, whether the tentative map is designed with single units per lot, or multiple units per lot (condominium). B. Design standards. The following standards shall be considered by the Planning Commission prior to development approval: 1. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. 2. Architectural features and complementary colors shall be incorporated into the design of all exterior surfaces of the building in order to create an aesthetically pleasing project. 3. All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley-like appearance. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-12 5/00 C. Development Standards. The following standards shall apply to all small lot developments: SMinimum Building Site or Lot Size 3,100 sq. ft. (3,400 sq. ft. avg.) Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories except 3rd level permitted<500 sq. ft. Min. 5/12 roof pitch No decks above the second story Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. +offsets in front fagade Covered Porches (unenclosed) 10 ft. Garage 18 ft Upper Story Upper story setback shall be varied Side 8 ft. aggregate, min. 3 ft. 0 ft. permitted with min. 8 ft. on other side Street Side 10 ft.; includes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line) Rear Dwelling 15 ft.; 50% of bldg. width may be at 13 ft. Garage 3 ft.; 0 ft. if garage is designed to back to another garage Maximum Lot Coverage 50%+ 5% for covered porches,patio covers, balconies. Maximum Floor Area Ratio (FAR) 0.7 Minimum Interior Garage Min. 400 sq. ft.; Dimension (width x depth) min. 18 ft. wide Minimum Building Separation to 6 ft. Accessory Building Open Space Common recreational area Projects of 20 units or more: (project) 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-13 5/00 Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 Landscaping 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station use classification. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-14 5/00 A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at the intersection of arterial highways. C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. 2. The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative impact on surrounding uses. 5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements: a. A 3 foot-wide planter(inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-15 5/00 E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines. 230.34 Housing of Goods All goods, wares, merchandise,produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing,public transit, bicycling or walking. 2. Ca ool: Two (2)to six (6)persons traveling together in a single vehicle. 3. Employee: Means any person employed by a firm, person(s),business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. 'Employee" shall include persons employed on a full-time, part-time, or temporary basis. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-16 5/00 4. Employer: Means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management (TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group of employees. C. Applicability: 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts,planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding "I" above, the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Commission /Zoning Administrator when such temporary activities are for a period not to exceed 30 days and held no more than once a year. 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the Director; i Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-17 5/00 b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Type of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. D. Site development standards: Development projects subject to this section shall comply with the following site development standards: 1. Parking for Carpool Vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted to Type of Use Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following: a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-18 5/00 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6) foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker, per Title 24, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker, per Title 24, parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "vanpool Only." b. For parking structures, vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. c. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker, per Title 24, bus shelter,pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-19 5/00 location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a game center as a business in a C district must obtain a conditional use permit from the Zoning Administrator. The permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. B. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site, the district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be. E. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community. 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: 1. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2. The heliport, helipad, or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level, the conditional use permit application shall be denied. B. Locational Criteria. 1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-20 5/00 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area- 50 feet; b. Helicopter maintenance facilities - 25 feet; c. Administrative or operations building- 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. F. Application Requirements. The following additional information shall be submitted with a conditional use permit application: 1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning. 3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights. 4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Planning Commission may approve a conditional use permit for a bed and breakfast inn in any C District and RMH-A District after a duly noticed public hearing upon finding that: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-21 5/00 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection (B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Design and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging. 2. Parking. The requirements of Chapter 231 shall apply. 3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district, no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted. 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. 230.46 Single Room Occupancy Single room occupancy(SRO) shall comply with the following requirements: A. General Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. 2. No more than one (1)person shall be permitted to reside in any unit, excluding the manager's unit and up to 25 percent of the total number of units which have double Occupancy. (3494-5/01) 3. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and regulations. Income levels shall be verified by a third party and submitted to the City of Huntington Beach as part of the annual review. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-22 5/01 4. An on-site, twenty-four(24)hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size. (3494-5/01) 5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified. (3494-5/01) 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element, with the exception of the twenty-four(24) hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures. (3494-5/01) 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3494-5/01) 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. (3494-5/01) B. Unit Requirements. 1. Minimum unit size shall be 250 square feet except double occupancy units shall be a minimum of 400 square feet. (3494-5/01) M2. Maximum unit size shall be three hundred (300) square feet excluding manager's unit and double occupancy units. (3494-5/01) 3. Each unit shall contain a kitchen and bathroom. (3494-5/01) a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove/oven unit and/or microwave; (3494-5/01) b. If stoves/oven units are not provided in each unit, then stoves/oven units shall be provided in a common kitchen area(s). (3494-5/01) c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub. d. Each unit shall have a minimum forty-eight(48) cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred(400) square feet. b. For projects exceeding thirty(30) units, an additional 10 square feet of recreational space per unit is required. (3494-5/01) Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-23 5/01 c. Common recreational space may be indoor or outdoor provided there is at least forty percent (40%) allotted toward indoor space and forty percent (40%) outdoor space; the balance may be either indoors or outdoors. d. Common recreational space may be in separate areas provided each space is not less than two hundred (200) square feet in size and has no less than a ten (10) foot dimension. 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. 3. A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel. (3494-5/01) 4. Mailboxes shall be provided for each unit located near the lobby in plain view of the entry desk. (3494-5/01) 5. Handicap access facilities shall be as required by applicable state or local law. (3494-5/01) 6. At least one handicapped-accessible unit shall be required for every twenty(20) units. (3494-5/01) 7. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. (3494-5/01) 8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold water on every floor shall be provided on every floor. (3494-5/01) 9. Storage Lockers (3494-5/01) a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio often(10) cubic feet per unit. 10. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations. (3494-5/01) 11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a secured and enclosed and covered area. (3494-5/01) 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects. (3494-5/01) 13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3494-5/01) 14. Phone jack(s) shall be provided in each unit. (3494-5/01) 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-24 5/01 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be for a maximum period of five years subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis, the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. B. Design and Development Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Density/Riding Areas. Maximum density for horse facilities shall be determined by the following criteria: (a) Maximum density shall be twenty-five (25) horses per acre. (b) Minimum riding area shall be five thousand (5,000) square feet per fifteen(15) horses. For facilities with over one hundred (100)horses, two separate arenas shall be provided. In the alternative, off-site riding area shall be provided adjacent to the facility at the rate of one acre per fifteen (15) horses. (c) Exercise rings shall have no dimension less than thirty(30) feet. (d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less than eighty(80) feet. 3. Maximum Building Height. Maximum building height shall be thirty(30) feet. 4. Required Setbacks. Front: 50 feet (30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to any 300 feet residential zone or use: 5. Corral Design. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-25 5/00 (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet. 6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35)horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating_Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-26 5/00 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24)hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. 7. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements, pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-street Parking and Landscaping. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works. 2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten (10) foot wide (inside dimension)planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten(10)years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools, hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-27 5/00 4. The site's proximity to businesses processing hazardous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets. D. Minimum Building Size. 1. Minimum building gross floor area shall be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. 1. Ancilla . Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Sims. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 231. 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard Lots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-28 5100 B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice, eaves and ornamental features 3 2.5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-29 5/00 A. Datum(100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators)may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334-6/97,3568-9/02) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise,materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverages service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. (3525-2/02) B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and(B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-30 9/02 D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection(B)below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Pu ose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334-6/97,3568-9/02) C. Locational Criteria: Satellite Antennae. A satellite antenna maybe installed on a lot in any zoning district if it complies with the following criteria: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-31 9/02 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. (3568-9/02) 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. (3568-9/02) b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. (3568-9/02) 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. (3568-9/02) 5. Screening: The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences,buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. (3568-9/02) 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. (3568-9/02) 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria maybe permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. (3568-9/02) 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-32 9/02 B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storage On Vacant Lot. A person may not store,park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters'rights, drainage, public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: 1. Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement, not to exceed one (1) year, may be granted upon consideration of the following criteria: a. Type of horticultural use proposed. b. Duration(temporary or permanent). c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-33 5100 2. A precise plan of street,highway or alley alignment. D. Improvements. 1. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council,have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection(3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten (10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-34 6/97 A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. C. Site Standards. 1. Storage and display of products shall be set back not less than ten(10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar($500) cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Wards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-35 3/99 A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three(3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section. (3334-6/97,3410-3/99) 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight (8) feet including retaining wall with the following: (3525-2/02) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (3525-2/02) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3525-2/02) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (3525-2/02) (4) Approval from Public Works Department. (3525-2/02) 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight (8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. In order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten(10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-36 2/02 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the. existing grade, such retaining wall may be topped with a six(6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street,the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen(18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen (18) inches in height may be erected above the eighteen(18) inch high retaining wall with a minimum three (3) foot front setback. A wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below.) (3410-3/99) j Required Tree/Palm Landscaping I Front �I Building* nrnne.rty line Max 41" Patio I A�l I R Max.18" I F3 Retaining Wall, Sidewalk/Parkway Max.18" *See Maximum building height in Chapter 210 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-37 3/99 e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight (8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence,wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334-6/97) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight (8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence,wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten(10) feet from the intersection of the rear and street side property lines. 2. On corner lots,no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-38 6/97 (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven(7) feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway. pRopERry4NE • � GURB RR , R�QRE� 230-CORD DIAGRAM A . t ' 0 1 O• 10 10' 10' 10 10' 10' 10' 230-setb STREET/ALLEY DIAGRAM B Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-39 6197 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY 23' •-/S° A .1. IS° 2$ .A. /S° I' I I 10, �i 10'� THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A 42 inch high fence may be constructed on any portion of the lot. ® Indicates that portion of the lot on which a ! 6 foot high fence may be constructed. "A" Indicates minimum front yard setback. 25 Dia ram C u° 6,23,94 G''O`FGPAM$30-SW AMP 230.90 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted subject to the following: A. Initial approval shall be for a maximum of two (2)years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. B. The development shall comply with parking, access and setback requirements contained in Chapter 231. 230.92 Landfill Disposal Sites Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations,permitted Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-40 6/97 under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. A. Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: 1. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I, R or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein. 3. Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City, mitigation measures, contained in the operations plan, shall be implemented immediately. D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Health Services and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: 1. All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. 2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-41 6/97 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. (3249-6/95;3482-12/00;3525-2/02) A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95) 1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-42 2/02 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to- one (1:1) ratio. (3249-6/95) 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight (8) feet in length including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved. (3249-6/95,3525-2/02) 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria. B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: (3249-6/95,3525-2/02) 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; (3249-6/95) 2. Appropriateness and location of signing and graphics; (3249-6/95) 3. The width of the sidewalk or pedestrian accessway; (3249-6/95) 4. The proximity and location of building entrances; (3249-6/95) 5. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands, utilities and landscaping; (3249-6/95) 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, passenger loading or parking spaces; (3249-6/95) 7. Pedestrian traffic volumes; and (3249-6/95) S. Handicapped accessibility. (3249-6/95) C. Operating Requirements, Provisions and Conditions. 1. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. (3249-6/95) 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. (3249-6/95) 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. (3249-6/95) 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. (3249-6/95;3525-2/02) 6. The sale of alcoholic beverages shall be prohibited. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-43 2/02 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. (3249-6/95) 8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95) 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (3249-6/95) 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. (3249-6/95,3525-2/02) D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director. (3249-6/95,3525-2/02) E. Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six (6) month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval,the approval shall be considered for revocation. (3249-6/95;3525-2/02) F. Limited Notification. Ten(10) working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: (3525-2/02) 1. Name of applicant. (3525-2/02) 2. Location of planned development or use, including address. (3525-2/02) 3. Nature of the proposed development shall be fully disclosed in the notice. (3525-2/02) 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3525-2/02) 5. The date by which any comments must be received in writing by the Planning Department. (3525-2/02) 6. Planning Department shall receive entire list including name and address of those receiving the mailing. (3525-2/02) 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. 3568-9/02) B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located,wall, roof, or utility mounted) that are: (3568-9/02) a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities,and compatible with surrounding buildings and land uses by incorporating stealth techniques; or (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-44 9/02 b. Completely stealth facilities and complies with the base district height limit; or (3568-9/02) c. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and (3568-9/02) 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or (3568-9/02) 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. (3568-9/02) 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are: (3568-9/02) a. Exceeding the maximum building height permitted within the zoning district; or (3568-9/02) b. Visible from beyond the boundaries of the site at eye level (six feet); or (3568-9/02) c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) d. Not designed to be architecturally compatible with surrounding buildings and land uses; or (3568-9/02) e. Facilities in residential districts that do not meet B.La or B.Lb. (3568-9/02) 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. (3568-9/02) C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: (3568-9/02) 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. (3568-9/02) 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. (3568-9/02) 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screed roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-45 9/02 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. (3568-9/02) 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). (3568-9/02) 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. (3568-9/02) 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. (3568-9/02) 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. (3568-9/02) 9. Telecommunication Facility. A wireless communication facility that is either wall mounted, utility mounted, or roof mounted. (3568-9/02) 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas, radio antennas, street lighting, recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition. (3568-9/02) 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. (3568-9/02) 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. (3568-9/02) D. Applicability. (3568-9/02) 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: (3568-9/02) a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-46 9/02 b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph(2) of this section applies. (3568-9/02) c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. (3568-9/02) 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. (3568-9/02) 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. (3568-9/02) a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). (3568-9/02) b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. (3568-9/02) c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. (3568-9/02) d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-9/02) e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. (3568-9/02) E. Facility Standards. 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. (3568-9/02) b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used,then it must be vinyl coated and not include barbed wire. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-47 9/02 c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. (3568-9/02) 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (3568-9/02) 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. (3568-9/02) 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. (3568-9/02) 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: (3568-9/02) a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: (3568-9/02) 1. All transmit and receive frequencies; (3568-9/02) 2. Effective Radiated Power(ERP); (3568-9/02) 3. Antenna height above ground, and (3568-9/02) 4. Antenna pattern, both horizontal and vertical (E Plane and H Plane). (3568-9/02) b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (3568-9/02) c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning"process has been met. (3568-9/02) d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (3568-9/02) e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-48 9/02 6. Lighting_ All outside lighting shall be directed to prevent"spillage"onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (3568-9/02) 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. (3568-9/02) 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. (3568-9/02) 9. Signs: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (3568-9/02) F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: (3568-9/02) 1. Compatibility with the surrounding environment or architecturally integrated into a structure. (3568-9/02) 2. Screened or camouflaged by existing or proposed topography, vegetation,buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). (3568-9/02) 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. (3568-9/02) 4. No portion of a wireless communication facility shall project over property lines. (3568-9/02) G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: (3568-9/02) 1. Any wireless communication facilities to be constructed on or beneath the public right-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. (3568-9/02) 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. (3568-9/02) 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. (3568-9/02) 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-49 9/02 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit,reimbursement agreement or generally applicable impact fee program. (3568-9/02) 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility, with the approval of the City Engineer,provided a franchise agreement exists allowing wireless installation. (3568-9/02) 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. (3568-9/02) H. Facilities on Public PropertX. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: (3568-9/02) 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. (3568-9/02) 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. (3568-9/02) I. Additional Requirements. l. Landscaping_ Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. (3568-9/02) 2. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. (3568-9/02) J. Facility Removal. 1. Cessation of Operation: Within thirty(30) days of cessation of operations of any wireless communication facility approved under this section,the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: (3568-9/02) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6)months of the notice; or (3568-9/02) b. The City has received written notification of a transfer of wireless communication operators. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-50 9/02 2. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (3568-9/02) 3. Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1) remove the facility and restore the premises, or(2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02) 4. Removal by Cites At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02) • Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-51 9/02 r HUNTINGTON BEACH ZONING ORDINANCE UPDATES Please Remove from Please Add to Code Code Chapter 211 1 Chapter 211 Cha ter 213 Chapter 213 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Contact Dale Jones, Deputy City Clerk (714) 374-1632 http://www.ci.huntington-beach.ca.us or http://www.hbsurfcity.com/clerk (3285-6/95,3341-10/96,3334-6/97,3482-12/00,3522-2/02,3553-5/02,3568-9/02) Sections 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three (3) commercial zoning districts are established by this chapter as follows: (3334-6/97) A. The CO Office Commercial District provides sites for offices for administrative, financial,professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels,theaters,museums, and related services. (3334-6/97) 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-1 9/02 a "PAY' for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6197) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (J)(Q)(R)(V) (3334-6/97,3553-5/02) Cemetery - - - Clubs and Lodges ZA ZA - (3334-6197) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L11 L11 - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334-6/97) Government Offices P P PC (3334-6/97) Heliports PC PC PC (B) Hospitals PC PC - (3334-6/97) Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-2 5/02 P Permitted CO, CG, L Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - (3522-2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings &Loans P P P With Drive-Up Service P P P (3522-2/02) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. P P P L-4(Y) (3522-2/02) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - ZA ZA (3522-2/02) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02) Food &Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral &Internment Services - ZA - Laboratories L-1 L-1 - Maintenance &Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2/02) Personal Services P P P Research&Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97; 3482-12100) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-3 9/02 P = Permitted CO, CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales &Rentals ZA ZA - L-12 (3522-2/02) Vehicle Storage - - Visitor Accommodations Bed &Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (I) (3334-6/97) Quasi Residential (3334-6/97) Time Shares - PC PC (I)(J) (3334-6/97) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) (3334-6/97) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6/97) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2/02) Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU (3522-2/02) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2/02) Tent Event TU (3522-2/02) Trade Fairs - TU - Nonconforming Uses (G)(J)(V) (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-4 2/02 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Repealed. (3334-6/97) L-4 If greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required(see Y). (3522-2/02) L-5 Only"limited" facilities are allowed subject to approval of a conditional use permit from the Planning Commission, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only"small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. (3522-2/02) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and(3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. (3522-2102) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-5 2/02 L-12 Permitted for existing facilities proposing to expand up to 20%. (3522-2/02) L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Reserved. (3553-5/02) (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (3378-2/98) (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (3341-10/96) (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided, subject to approval of the Planning Commission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6/97) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-6 9/02 (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3522-2/02) (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3522-2/02) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97,3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops,restaurants, hotels,motels, theaters,museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2/02) (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (3522-2/02) (Y) Limited notification requirements when no entitlement required. (3522-2/02) 1. Ten(10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-7 2/02 2. Notice of application shall include the following: (3522-2/02) a. Name of applicant. (3522-2/02) b. Location of planned development or use, including address. (3522-2/02) C. Nature of the proposed development shall be fully disclosed in the notice. (3522-2/02) d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3522-2/02) e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. (3522-2/02) f. Planning Department shall receive entire list including name and address of those receiving the mailing. (3522-2/02) 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-8 2/02 i CO, CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width(ft.) 100 100 100 Minimum Setbacks Front(ft.) 10 10 - (D)(E)(0) Side (ft.) 5 - - (F) Street Side (ft.) 10 10 - (E) Rear(ft.) 5 - - (F) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping(%) 8 8 8 (H)(1) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks,height limits, maximum density, open space,balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stones of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-9 6/97 (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (1) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However,where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (I) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets,projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-10 6197 2Q ft�ft. ` Max.100ft. 100 ft. unbroken wall—' 25 ft. or more 1 100�`•� Single Horizonal Offsets: 20ft. Max. 100 ft. unbroken wall 2 ft. 20ft. 40FT. Min. 4 ft. recess 25 ft. 25% of wall or more must be varied Variable Offsets- 20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-11 6/97 Required Setback 1 Max.two stories without vertical break 211-CVSB. CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at setback line Setback line 211-FACE.BW BUILDING FACE AT SETBACK LINE 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3522-2/02) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans; projects within 500 feet of a PS District; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-12 2/02 (3334-6/97,3568-9/02) Sections: 213.02 Open Space District Established 213.04 Applicability 213.06 OS District: Land Use Controls 213.08 OS District: Development Standards 213.10 Review of Plans 213.02 Open Space District Established An Open Space District is established by this Chapter. This district provides areas for public or private use and areas for preservation and enhancement. Three subdistricts have been identified. (3334-6/97) Subdistricts of the OS District include: A. OS-PR Open Space -Parks and Recreation Subdistrict. B. OS-S Open Space- Shoreline. C. OS-WR Open Space-Water Recreation Subdistrict. (3334-6/97) 213.04 Applicability The OS district shall be the base district for the use classifications listed in Section 213.06 where these classifications have a minimum contiguous site area of 2 acres, including alleys, streets or other rights-of-way. Open-space use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 213.06 OS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in the OS district. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-1 9/02 "TU" designate use classifications permitted on approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. OS DISTRICT P = Permitted LAND USE CONTROLS L = Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted OS-PR OS-S OS-WR Additional Provisions Public and Semipublic (F) Marinas - - PC Park &Recreation Facilities PC PC - Public Safety Facilities - PC - Utilities, Major - - - Utilities, Minor ZA - ZA Commercial Uses (F) Animal Sales and Services Equestrian Centers PC - - (E) Commercial Recreation and Entertainment PC - - Communication Facilities L-4 (3568-9/02) Eating &Drinking Establishments L1 L1 - With Take-Out Service, Limited L1 L3 - Vehicle/Equipment Sales and Services - Commercial Parking Facility L2 L2 - Accessory Uses (A)(D) Accessory Uses and Structures P/U P/U P/U Temporary Uses (B) Animal Shows TU - - Circuses and Carnivals TU - - Commercial Filming TU TU TU Nonconforming Uses (C) (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-2 9/02 OS District: Additional Provisions L1 Allowed with a conditional use permit approval by the Zoning Administrator only as an ancillary use that is compatible with and part of a park or recreational facility. Only in the coastal zone overlay district, in public parks in both the Parks and Recreation and the Shoreline Subdistricts, only the following type of eating and drinking establishment shall be permitted: (3334-6/97) (a) Take-out service establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption; and persons are not served in vehicles. (3334-6/97) L2 Public parking is permitted,but commercial parking facilities on City-owned land require a conditional use permit approval by the Planning Commission. Recreational vehicle overnight parking is limited to 10 percent of available public parking. No encroachment onto sandy beach area shall be permitted. (3334-6/97) L3 Beach concession stands for sale of refreshments and sundries (not to exceed 2,500 square feet)must be located a minimum 1,000 feet apart. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas. (3334-6/97) L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) Limited to facilities incidental to an open space use. (B) See Section 241.22: Temporary Use Permits. (C) See Chapter 236: Nonconforming Uses and Structures. (D) Private cantilevered decks abutting residential uses;private boat ramps, slips, docks, windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential Districts and Chapter 17.24. (E) See Section 230.48: Equestrian Centers. (F) The permitted uses for recreation areas on the Huntington Beach mesa shall be limited to low-intensity uses including picnic grounds, arboretums,bird sanctuaries, trails. High- intensity uses such as tennis courts, athletic fields, stables, campgrounds or other commercial or recreation uses shall be conditional only, and shall be located in nodes adjacent to existing developed areas or roads and shall avoid adverse impacts on environmentally sensitive habitats. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-3 9/02 1 213.08 OS District: Development Standards The following schedule prescribes development standards for the OS-PR, OS-S and OS-WR subdistricts. The first three columns prescribe basic requirements for permitted and conditional uses in each subdistrict. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3334-6/97) OS-PR, OS-S and OS-WR DISTRICTS DEVELOPMENT STANDARDS OS-PR OS-S OS-WR Additional Requirements Nonresidential Development Minimum Lot Area(sq. ft.) 5 ac - - Minimum Lot Width(ft.) 100 - - Minimum Setbacks Front (ft.) - 25 50 - Side (ft.) - 25 - - Street Side (ft.) - 25 - Rear(ft.) - 25 20 - Maximum Height of Structures (ft.) 45 20 - (A)(E) Maximum Lot Coverage (%) 25 - - Minimum Site Landscaping See Chapter 232 (B)(F) Building Design (A)(C) Fences and Walls See Section 230.88 Off-Street Parking/Loading See Chapter 231 Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 (D) Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 (3334-6/97) OS District: Additional Development Standards (A) All development shall be compatible with the established physical scale of the area and shall not encroach on major view corridors. Public visual resources within the coastal zone shall be preserved and enhanced. Maximum height limit for development within the coastal zone in the Open Space Recreation Subdistrict shall be 35 feet. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-4 6/97 I ' (B) To the extent feasible, mature trees, shall be protected. Development shall assure maximum protection of native vegetation and sensitive wildlife habitats. (3334-6/97) (C) All buildings and structures shall be sited and designed to assure stability and structural integrity for their expected economic life span and to minimize alterations to natural landforms. (D) Underground utilities shall be provided unless underground installation would have a substantial adverse impact on the environment. (E) Facilities necessary for public safety may exceed maximum height. (F) All setback areas along street frontages in OS-PR shall be fully landscaped. 213.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots. B. Design Review Board. Projects within redevelopment project areas, OS-PR and OS-S districts and areas within 500 feet of a PS district; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. D. Projects in the Coastal Zone. A Coastal Development permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-5 6/97 HUNTING TON BEACH ZONING ORDINANCE UPDATES Please Remove from Please Add to Code Code Chapter 254 Chapter 254 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Contact Dale Jones, Deputy City Clerk (714) 374-1632 ,r �? Zon�ngCode is a$ a�lableonthe Internet http://www.ci.huntington-beach.ca.us or http://www.hbsurfcity.com/clerk Chapter 254 Dedications and Reservations (3468-8/00,3562-7/02) Sections: 254.02 Dedication of Streets, Alleys, and Other Public Rights-of-Way or Easements 254.04 Waiver of Direct Access Rights 254.06 Dedications 254.08 Parkland Dedication 254.10 School Site Dedication 254.12 Reservations 254.14 Local Transit Facilities 254.16 Bridges and Major Thoroughfares 254.18 Supplemental Improvement Capacity 254.20 Drainage Fees 254.22 Solar Access Easements 254.24 Other Public Facilities 254.02 Dedication of Streets,Alleys and Other Public Rights-of-Way or Easements As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer to dedicate, all parcels of land within the subdivision that are needed for required improvements, including access rights and abutters'rights. In addition,the subdivider shall construct or agree to construct all required improvements in accord with Chapter 255. 254.04 Waiver of Direct Access Rights The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall be reflected in an appropriate title document,which shall be recorded, and shall become effective in accordance with its provisions. 254.06 Dedications All dedications of property to the City for public purposes shall be made in fee title, except that, at the City's discretion, the grant of an easement may be taken for the following purposes: open space easements, scenic easements, street easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication. Chapter 254 254-1 7/02 254.08 Parkland Dedication A. General. This Section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City including the power to zone and the power to implement open space and recreational elements of the General Plan. This Section is adopted to implement the provisions of the Quimby Act which authorizes the City to require the dedication of land for park and recreational facilities or payment of in-lieu fees incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a residential subdivision. The park and recreational facilities for which dedication of land and/or payment of an in-lieu fee as required by this Section are in accordance with the policies, principles and standards for park, open space and recreational facilities contained in the General Plan. (3562-7/02) The general purposes and objectives of this Section are: (3562-7/02) 1. To preserve, enhance and improve the quality of the physical environment of the City of Huntington Beach; (3562-7/02) 2. To provide a procedure for the acquisition, development and rehabilitation of local park and recreational facilities; (3562-7/02) 3. To secure for the citizens of Huntington Beach the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities; (3562-7/02) 4. To establish conditions which will allow park and recreational facilities to be provided and to exist in harmony with surrounding and neighborhood land uses; (3562-7/02) 5. To ensure that adequate park and recreational facilities will be provided; (3562-7/02) 6. To provide regulations requiring five usable acres,or the proportionate share thereof,having a grade not exceeding two percent, for each 1,000 persons residing within the City to be supplied by persons proposing residential subdivisions. (3562-7/02) B. Requirements. The requirements of this Section shall be complied with by the dedication of land,payment of a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this Section. The amount and location of land dedicated or the fees to be paid,or both, shall be used for acquiring, developing new or rehabilitating existing community and neighborhood parks and other types of recreational facilities in such a manner that the locations of such parks and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication. (3562-7/02) Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location, topography, environmental characteristics and development potential as related to the Chapter 254 254-2 7/02 - intended use. The primary intent of this Section shall be construed to provide the land p rY for passive and active recreation, including but not limited to: tot lots,play lots, playgrounds,neighborhood parks,playfields, community or regional parks, lakes, picnic areas, tree groves or urban'forests, and other specialized recreational facilities that may serve residents of the City. Principal consideration shall be given therefore to lands that offer: (3562-7/02) 1. A variety of recreational potential for all age groups; 2. Recreational opportunities provided and maintained in a manner that will permit the maximum use and enjoyment by residents of the City of Huntington Beach; (3562-7/02) 3. Possibility for expansion or connection with school grounds; 4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space; 5. Coordination with all other park systems; 6. Access to at least one existing or proposed public street. C. General Standard. It is hereby found and determined that the public interest, convenience,health, safety and welfare require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula: A=5.0 (DF x No. DU) 1000 1. Definitions of terms: a. A- the area in acres required to be dedicated as a park site or to be appraised for in-lieu fee payment for the subdivision. (3562-7/02) b. DF -density factor as determined pursuant to Section 254.08 (E). (3562-7/02) C. 5.0-number of acres per one thousand persons. d. No. DU-number of dwelling units proposed in the subdivision. 2. When a proposed subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled. Chapter 254 254-3 7/02 3. Dedication of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. (3562-7/02) E. Density. The amount of land dedicated or fees paid shall be based upon residential density, which is determined on the basis of the approved tentative map and the average number of persons per household. The average number of persons per household by unit in a structure shall be established by City Council resolution and be derived from the most recent available federal census or state or City population and housing data. (3562-7/02) The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed. F. Standard Improvements. The dedication of land for park and recreational purposes shall not be deemed to waive any other requirements that may be imposed by the City. The subdivider may, at the time of the approval of the tentative map,be obligated by condition to said map to provide curbs, gutters, sidewalk, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees to full City standards, to stub-in requested standard improvements required for residential property plus initial on-site grading required for developing the park facility. In lieu of making said improvements and upon approval of the Planning Commission or City Council, whichever acts last on the tentative map, the subdivider may pay a sum as estimated by the Director of Public Works sufficient to cover the cost of said improvements. The environmental condition of any land dedicated pursuant to this Section shall satisfy all federal, state and local requirements applicable to parkland and recreational facilities. (3562-7/02) G. Formula for Fees in Lieu of Land Dedication. (3562-7/02) 1. General Formula. Whenever the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, the subdivider shall pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in Section 254.08(D) and in an amount determined in accord with the provisions of Section 254.08(1). (3562-7/02) 2. Fees in Lieu of Land- 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D) and in an amount determined in accordance with the provisions of Section 254.08(I). When a condominium project,stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. (3562-7/02) Chapter 254 254-4 7/02 3. Use of Fees. The fees City aid to the Cit pursuant to this Section and the interest P accrued from such fees shall be used, in accordance with the schedule developed pursuant to Section 254.08(M), for the purpose of acquiring, developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. All fees collected pursuant to this Section shall be transferred for deposit into a separate fund and used solely for the purposes specified in this Section. All monies deposited into the fund shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the fund shall be credited to the fund. The money deposited in the fund account shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Any requests for refunds shall be submitted to the Director in accordance with the procedures set forth in Section 254.08 (P). (3562-7/02) 4. Standard Improvements. When the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, in addition to the in-lieu fee, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full City standards, stubbing in of utility line services to the park facility, and all standard improvements required by the City for residential subdivisions. (3562-7/02) H. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: (3562-7/02) 1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(1) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). (3562-7/02) 2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to Section 254.08(1) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). (3562-7/02) 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision: SChapter 254 254-5 7/02 I. Amount of Fee in Lieu of Park Land Dedication. Where a fee is P required to be aid in lieu of park land dedication, such fee shall be equal to the fair market value for each acre which would otherwise have been required to be dedicated by Section 254.08D. Fair market value of the land shall be determined by a qualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers ("Qualified Real Estate Appraiser"). The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within 60 days of payment of the fee as referenced in Section 254.08L. (3468-8/00,3562-7/02) If the subdivider objects to the fair market value as determined by the Qualified Real Estate Appraiser, the subdivider may, at his own expense, retain another Qualified Real Estate Appraiser to complete a second appraisal. If the City disputes the fair market value as determined by the second appraisal, the matter will be submitted to binding arbitration at the expense of the subdivider. (3562-7/02) Subdivisions Consisting of Three or Fewer Parcels. If the proposed subdivision contains three(3) or fewer parcels, the Director shall determine the fair market value of the property to be subdivided based upon the fair market value of adjacent parcels in consideration of site characteristics of the property. If the subdivider objects to the determination of the Director, the subdivider may retain, at his or her own expense, a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than $5,000.00, the average of both determinations shall be established as the fair market value. (3562-7/02) J. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by the Director after consideration of the following: (3562-7/02) 1. Policies, standards and principles for park and recreational facilities in the General Plan; (3562-7/02) 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 4. Feasibility of dedication; 5. Compatibility of dedication with the General Plan; 6. Availability of previously acquired park property. The determination by 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. Chapter 254 254-6 7/02J. K. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08 (F),the value of the improvements together with any equipment located thereon shall be a credit toward the payment of fees or dedication of land required by this Section. (3562-7/02) Common interest developments as defined in Sections 1351 of the California Civil Code shall receive partial credit, not to exceed 50 percent, against the amount of land required to be dedicated, or the amount of the fee imposed,pursuant to this Section, for the value of private open space within the development,which is usable for active recreational uses, if the City Council, on the recommendation of the Community Services Commission, finds that it is in the public interest to do so, and that the following standards are met. (3562-7/02) 1. That yards, court areas, setbacks and other open areas required by Titles 20-24 (Zoning) shall not be included in the computation of the private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which cannot be defeated or eliminated without the consent of the City or its successor; 4. 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; and 5. That facilities proposed for the open space are in substantial accord with the provisions of the General Plan. L. Procedure. (3562-7/02) 1. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City pursuant to this Section. (3562-7/02) 2. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map. M. Schedule of Use. At the time of the approval of the final map or parcel map, the City shall make a preliminary determination of how, when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational.facilities shall be made as part of the.City's capital improvement program. (3562-7ro2) Chapter 254 254-7 7/02 N. Not Applicable to Certain Subdivisions. The provisions of this Section do not apply to: (1) commercial or industrial subdivisions; or(2) to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (3562-7/02) O. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: (3562-7/02) 1. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the"affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or"very low income household"as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restriction, second trust deed, or other legally binding and enforceable document acceptable to the City Attorney and binding on the owner and any successor-in-interest to the real property being developed, guaranteeing that all of the units developed on the real property shall be maintained for lower and very low income households whether as units for rent or for sale or transfer, for the lesser of a period of thirty years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. (3562-7/02) 2. Subdivision of a 50-foot wide parcel into two lots provided that the parcel has been held under common ownership for a minimum of five consecutive years. (3562-7/02) P. Appeals. Any person may appeal a determination of the City regarding the interpretation and implementation of this Section. Any such appeal shall be filed with the Director consistent with the requirements of Section 248.24 of the Huntington Beach City Zoning and Subdivision Ordinance. (3562-7/02) Q. Refunds. Requests for refunds of in-lieu fees paid pursuant to this Section may be directed to the Director at any time. The Director may approve of a refund or a partial refund of park fees paid or release of security instruments when the following has been verified: (3562-7/02) 1. That the refund amount requested corresponds to the amount of fees actually deposited in the fund account established pursuant to Section 254.08 (G) (3) fora given number of dwelling units; and (3562-7/02) 2. That the local park requirement for the dwelling units in question had been met by actual Council acceptance of park land, or by an irrevocable recorded offer to dedicate a park land on a final tract map or parcel map; or (3562-7/02) 3. The subdivision or building permit approval for which fees were required has been withdrawn or is.otherwise no longer valid. (3562-7/02) Chapter 254. 254-8 7/02 254.10 School Site Dedication A. General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the City Council shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the City Council the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication,the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision. C. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication,repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land,plus a sum equal to the total of the following amounts: 1. The cost of any improvements to the dedicated land since acquisition by the subdivider; 2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; 3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. D. Exemptions. The provisions of subsections (A), (B), and(C) shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map. 254.12 Reservations A. General. As a condition of approval of a tentative map,the subdivider shall reserve sites, appropriate in area and location, for parks,recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section. B. Standards for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. Chapter 254 254-9 12/01 The reserved area shall be consistent with the General Plan or the adopted specific plan p p and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. C. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement. D. Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. E. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate. 254.14 Local Transit Facilities As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters,benches, bus turnouts,park-and-ride facilities and similar items which directly benefit the residents of the subdivision, if. (a) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more; and(b) if the City finds that transit services are or will be, within a reasonable time period, made available to the subdivision. 254.16 Bridges and Major Thoroughfares The subdivider shall be required to pay a fee for the impacts of their proposed development on the city transportation system in accordance with Chapter 17.65 of the Huntington Beach Municipal Code. 254.18 Supplemental Improvement Capacity A. As a condition of approval of a tentative map, the City may impose a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity,number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However,when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. Chapter 254 254-10 12/01 B. The City Council shall determine the method for payment of the costs required by a reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited: C. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. D. In addition to the notice required by Chapter 248, written notice of the hearing shall be mailed to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time (10 days prior to the date established for the hearing). 254.20 Drainage Fees The subdivider shall be required to pay a fee for the development of drainage facilities in accordance with Chapter 14.48 of the Huntington Beach Municipal Code. 254.22 Solar Access Easements As a condition of approval of a tentative map, the City may impose a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. In establishing such easements, the City shall consider the feasibility, contour, configuration of the parcel to be divided, and cost. Required easements shall not result in reducing allowable densities or the percentage of a parcel which may be occupied by a building or a structure under applicable planning and zoning provisions in force at the time such tentative map is filed. At the time of tentative map approval,the Zoning Administrator or the Planning Commission, as may be the case, shall specify: (1)the standards for determining the exact dimensions and locations of such easements; (2) any restrictions on vegetation,buildings an other objects that would obstruct the passage of sunlight through the easement; and(3) conditions, if any, under which an easement may be revised or eliminated. This section is not applicable to conversion projects. 254.24 Other Public Facilities As a condition of approval of a tentative map,the subdivider shall be required to dedicate land, pay fees, or both, for fire stations, library sites, child day care,public art or any other public facilities pursuant to; aril in order to implement, the provisions of the General Plan regarding such facilities: Chapter 254 254-11 12/01 HUNTING TON BEACH ZONING ORDINANCE UPDATES Please Remove from Please Add to Code Code Chapter 203 Chapter 203 Chapter 204 Chapter 204 Chapter 210 Chapter 210 Chapter 212 Chapter 212 Chapter 214 Chapter 214 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Contact Dale Jones, Deputy City Clerk (714) 374-1632 ZoningCode ss aua�lable wrvonthelnternet� �e� http://www.ci.huntington-beach.ca.us or http://www.hbsurfcity.com/clerk i W � e (3248-6/95,3334-6/97,3482-12/00,3520-2/02,3568-9/02) Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 203.02 Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction. 203.04 Rules for Construction of Language In addition to the General Provisions Chapter 1.04 of the Municipal Code, the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions apply singly. 3. "Either. . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. "And/or" indicates that the connected words or provisions may apply singly or in any combination. C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments, commissions,boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials,unless otherwise indicated. F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-1 9/02 G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. H. The words "activities" and "facilities" include any part thereof. 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower,that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. (3568-9/02) Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-2 9/02 Antenna, Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. Antenna Whip. An antenna and its support structure consisting of a single, slender,rod- like element which is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a heliport, helipad, or helistop. Architectural Projections or Appurtenances. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area,Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. Street Area to be dedicated 250' T7 ,53 groacre 230' L 100' ,�, 100' J 203-area.BMP LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. i Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-3 6/97 Roof Second Story First Story Finished If this basement ceiling is more than 4'ft.from Grade Basement average adjoining finished L _ _ _ _ grade,the basement is considered a story. 203-BASE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary. IF] I I I I 1 11 203-BLK BLOCKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial,public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. (3248-6/95,3334-6/97;3482-12/00) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-4 12/00 City. The City of Huntington Beach. Clinic. An establishment where patients,who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission. Community Apartment Project. A project in which an individual interest inland is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use,requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Building. A building that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. Court. An outdoor, unenclosed area intended to provide light, air, and privacy for individual dwelling units in multi-family projects. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than 2.5 feet from a wall, decks more than 42 inches in height above grade, and stairs. Deck. A platform, either free-standing or attached to a building,but without a roof, that is supported by pillars, posts, or walls (see also Balcony). Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus. An increase in the proposed number of units of twenty-five percent(25%) or greater over the number permitted pursuant to the current zoning and general plan designation on the property. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-5 6/97 Director. The Director of Planning or his or her designee. (3520-2/02) Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling Multiple Unit. A building or buildings designed with two (2) or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit." Dwelling, Studio Unit. A dwelling unit consisting of 1 kitchen, 1 bathroom, and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Energy Facility. Any public or private processing,producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act(CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-6 2/02 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time,taking into account economic, environmental, social, and technological factors. (3334-6/97) Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FARE. Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 (ahii i u j�{ip, FAR of 1.5 203-FAR FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan. The City of Huntington Beach General Plan. Grade, Existin;. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-7 6/97 Guest House. Living quarters within a main or an accessory building for the sole purpose of providing for persons employed-on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking,waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or cats at least four months of age are kept for any purpose. Kitchenette or Kitchen. Any room or part of a room which is designed,built, used, or intended to be used for food preparation and dishwashing; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements,pools, fountains, water features,paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops,porches or in boxes attached to buildings are not considered landscaping. Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility(as applied to parking and loading facilities or to similar paved areas). Landscaping, Perimeter. A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways which provide access to the facility. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-8 6/97 Perimeter Landscape Interior Landscape Interior Landscape Interior Landscape 2W-IarM LANDSCAPING: PERIMETER INTERIOR Lodge Any person other than a member of a family renting a room for living or sleeping purposes. Lot. Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. STREET Reversed Corner Lot Interior Interior Interior Corner w Lot Lot Lot w Lot Through W Lot Interior Flag Interior Interior Corner con Lot Lot Lot Lot Lot Reversed Corner Lot STREET LOT TYPES 203-LOT Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear- lot line. Lot, Flag. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-9 6/97 Lot or Property Line, Rear. A lot line,not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Front Lot Line Front Lot Line x � Y Q v o � J Y Lot Width=(x+y)/2 LOT WIDTH 203-LOTW Lower Income Household. A household whose annual income is at or below eighty percent (80%) of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-10 6/97 Mezzanine:maximum 33 percent of floor area below. Floor Below 303-MFZ MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. (3334) Net Site Area. See Area,Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly,to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production,processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit,reserved for the exclusive use of residents of the dwelling unit and their guests. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-11 12100 Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation,pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. min min min 6 ft. 10 ft. 10 ft. Patio Terrace Balcony Front Yazd Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE v Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven(7) in width, seven (7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses,planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property: Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. (3249-6/95,3334;3482-12100) Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-12 12/00 Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys,parks, public right-of-ways, and sidewalks. (3249-6/95,3334-6/97;3482-12/00) Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Infill Lot. A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single family residential properties and is: (3301-11/95,3334-6/97) 1. A vacant parcel intended for detached single family development, or (3301-11/95, 3334-6/97) 2. A parcel with an existing residential structure which will have fifty percent (50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. (3301-11/95,3334-6197) Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces,utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side,rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title,possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. (3249-6/95,3334-6-97;3482-12/00) Specific Plan. A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans). Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-13 12/00 Stock Cooperative. A corporation'formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Structure. Anything constructed or erected that requires a location on the ground, excluding swimming pools,patios, walks, access drives, or similar paved areas. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Transmission Line. An electric power line bringing power to a receiving or distribution substation. Usable Satellite Signals. Satellite signals from all major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable televisions. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Very Low Income Household. A household whose annual income is at or below fifty (50%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove,hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which maybe covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Window, Required. An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard, or rear yard. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-14 12/00 Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line, the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. (Rest of Page Not Used) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-15 6/97 J REAR YARD ` STREET r FRONT YARD LOT LOT LINES � iit�±•�.. ':>.7�t:£tt:.�ii'7ISL3.,Y W co to .y Im } co LU h LU LUh`i' LLS LLJ I wLj w — tn _ STREET FRONT YARD 'STREET FRONT YARD STREET FRONT YARD I CORNER LOT EXAMPLES ,e-- REAR YARD-- REAR YARD REAR YARD I I I SIDE FT YAR DI I � I I N I N I SIDEYARDS=z s?xttr I 1 sxiEttzuttii ,: ziTxr tti z 3ttg�ssi STREET FROM YARD STREET FROM YARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD �—LOT LINES I � SIDE \ \ YAR LEGEND IDE \ iin ARD BUILDING(ZONING)ENVELOPE STREET I — — (TWO DIMENSIONAL) LOT LINES untttx is ii tii ta' 1 us� su�scu: su FRONT YARD stt STREET FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-16 6/97 Chapter ZU4 �7se�Class�ficatio�is° (3334-6/97,3378-2/98,3521-2/02,3568-9/02) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics,but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children and adults. (3334-6/97) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses,but excludes residential hotels or motels. (3334-6/97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter204 204-1 9/02 D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision,protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment,training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 6/97 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California.(3334- 6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries,museums, and art galleries. (3334-6/97) F. Day Care, Large-Family. Provision of non-medical care for 7 to 12 children on a less than 24-hour basis. (3334-6/97) G. Day Care, General. Provision of non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (3334-6/97) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6/97) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6/97) K. Hospitals. Facilities providing medical, surgical,psychiatric, or emergency medical services to sick or injured persons,primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6/97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. (3334-6/97) O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) P. Religious Assembly. Facilities for religious worship and incidental religious education,but not including private schools as defined in this section. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-3 6/97 Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6/97) R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97,3378-2/98) B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Groomin>;. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days) boarding of animals are included, if incidental to the hospital use. (3334-6/97) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-4 2/98 C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. (3334-6/97) D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. (3334-6/97,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware,and activities classified under Vehicle/Equipment Sales and Services. (3334-6/97,3378-2/98) F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) (3334-6/97,3378-2/98) G. Commercial Filmin;. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97,3378-2/98) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio,television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. (3334-6/97,3378-2/98,3568-9/02)) J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter204 204-5 9/02 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. (3334-6/97) a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. (3334-6/97) K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. (3334-6/97,3378-2/98) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-6 2/98 Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. (3334-6/97,3378-2/98) R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) S. Offices. Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, and fitness studios. (3334-6/97,3378-2/98) V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. (3334-6/97,3378- 2/98) W. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys,hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment,kitchen utensils, hardware, appliances, antiques, art supplies and services,paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). (3334- 6/97,3378-2/98) Y. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-7 2/98 Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments,as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2/98) AA. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6/97) BB. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. (3334-6/97) CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6/97) DD. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6/97) EE. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. (3334-6/97) 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial Parking Facilit . Lots offering short-term or long-term parking to the public for a fee. (3334-6/97) 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. (3334-6/97) 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops,wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. (3334-6/97) a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler,tire shops, oil and Tube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-8 2/98 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles,trucks,tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. (3334-6/97) 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles,trucks, buses and recreational vehicles, but does not include vehicle dismantling. (3334-6/97) FF. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) HH. Quasi Residential 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3334-6/97) 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent exclusive use or occupancy of a lot,parcel, unit or segment of real property, annually or on some other periodic basis for a period of time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-9 6/97 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products,primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly,treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. (3334-6/97) D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems,parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication,navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (3334-6/97) This classification also includes the manufacture of components, devices, equipment,parts and systems which includes assembly, fabricating,plating and processing,testing and repair, such as but not limited to the following: machine and metal fabricating shops,model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions,plating and processing shops,nuclear and radioisotope. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-10 6/97 This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy;pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6/97) (3521-2/02) C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) D. Personal Property Sales. Sales of personal property by a resident ("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6/97) E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 48 consecutive hours no more than once every 3 months. (3334-6/97) G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6/97) H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-11 2/02 I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. (3334-6/97) J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334- 6/97) K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. (3521- 2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-12 2/02 Cha ter 21Q2es><dentialDistricts � ` (3268-12/94,3334-6/97,3410-3/99,3455-5/00,3568-9/02) Sections: 210.02 Residential Districts Established 210.04 RL, RM,RMH, RH, and RMP Districts: Land Use Controls 210.06 RL, RM,RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five(5) residential zoning districts are established by this chapter as follows: (3334-6/97) A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven(7) units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents'use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen(15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five (25) units per acre. D. The RH High Densitv Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is thirty-five (35)units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-1 9/02 210.04 RL, RM,RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334- 6/97,3410-3/99) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-2 3/99 RL, RM, RMH,RH, and P = Permitted RMP DISTRICTS: L = Limited(see Additional Provisions) (3334-6/97) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334-6197,3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (3410-3/99,3455-5/00) 2 - 4 units ZA P P - (3334-6197,3410-3/99) 5 - 9 units ZA ZA ZA - (3334-6/97,3410-3/99) 10 or more units PC PC PC - (3334-6/97,3410-3/99) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R) (3334-6/97,3410-3/99, 3455-5/00) Public and Semipublic (A)(0) (3334-6/97,3410-3/99) Clubs &Lodges PC PC ZA ZA (3334-6/97,3410-3/99) Day Care, Large-family ZA ZA ZA ZA (3334-6/97) Day Care, General L-1 ZA ZA ZA (3334-6/97,3410-3/99) Park&Recreation Facilities L-2 L-2 L-2 L-2 (3334-6/97,3410-3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334-6197,3410-3/99) Residential Care, General - L-1 PC PC (3334-6/97,3410-3/99) Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 (3568-9/02) Horticulture ZA ZA ZA ZA (3410-3/99) Nurseries ZA ZA ZA ZA (3410-3/99) Visitor Accommodations Bed and Breakfast hins - - L-4 - (3334-6/97,3410-3/99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334-6/97,3410-3/99) Temporary Uses (J)(M) (3334-6/97,3410-3/99) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (N) (3334-6/97,3410-3/99) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 9/02 RL,RM, RMH,RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. (3410-3/99) L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. (3334-6/97, 3410-3/99) L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. (3334-6/97,3410-3/99) L-4 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99) L-5 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previousely approved conditional use permit, if any, or approval of a new conditional use permit. (3334-6/97,3410-3/99) (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens(See Section 210.08), for affordable housing(See Sections 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (3334-6/97,3410-3/99) (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, a conditional use permit by the Zoning Administrator is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (3334-6/97,3410-3/99) (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (1) See Section 230.10: Accessory Dwelling Units. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-4 9/02 RL,RM,RMH, RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (3334- 6/97,3410-3/99) (N ) See Section 230.18: Subdivision Sales Offices and Model Homes. (3334-6/97,3410-3/99) (0) Limited to facilities on sites of fewer than 2 acres. (3334-6/97,3410-3/99) (P) See Section 230.22: Residential Infill Lot Developments. (3334-6/97,3410-3/99) (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (3410-3/99) (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (3455-5/00) 210.06 RL, RM,RMH,RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-5 5/00 Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) (3410-3199) Width(ft.) 60 60 25 60 60 N/A (3334-6/97,3410-3199) Cul de sac frontage 45 45 - 45 45 N/A (3334-6/97.3410-3199) Minimum Setbacks (D)(R) (3334-&97,3410-3/99) Front (ft.) 15 15 12 10 10 10 (E)(F) (3334-6197,3410-3199) Side(ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) (3334-6/97,3410-3/99) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) (3334-6/97,3410-3/99) Rear(ft.) 10 10 7.5 10 10 - (I)(J) Accessory Structure (U) (3334-6/97,3410-3/99) Garage (K) (3334-6197,3410-3/99) Projections into Setbacks (L)(R) (3334-6197,3410-3199) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) (3334-6197,3410-3/99) Accessory Structures 15 15 15 15 15 15 (M)(R) (3410-3/99) Maximum Floor Area - - 1.0 - - - (3334-6/97,3410-3/99) Ratio (FAR) (3410-3/99) Minimum Lot Area per Dwelling Unit (sq. ft.) 6,000 2,904 * 1,742 1,244 - (3334-6t97,34 Maximum Lot 0 Coverage (%) 50 50 50 50 50 75 (V) (3334-6/97,3410-3/99) Minimum Floor Area (N) (3334-&97,34103/99) Minimum Usable Open Space (0) Courts (P) (3334-6/97,3410-3/99) Accessibility within Dwellings (Q) (34103199) Waterfront Lots (R) (3334-6197,3410-3/99) Landscaping See Chapter 232 (S) (3334-6197,3410-3/99) Fences and Walls See Section 230.88 Lighting (1TT ) (3334-6/97,34103/99) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 (3410-3/99) Antenna See Section 230.80 c3410-3/99) Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A=Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (3334-6/97,3410-3/99) (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (3334-6/97,3410-3/99) (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (3334-6/97, 3410-3/99) (F) Up er-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). (3334-6/97,3410-3/99) average 10'setback .90 QD DD Q � 0 0 � OD OD 0 � 00 210-UPSS.PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-7 3/99 RL,RM, RMH, RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10%of lot width,but not less than 3 feet and need not exceed 5 feet, except as stated below. (3334-6/97,3410-3/99) (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning Commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (3334-6/97,3410-3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, street side setback shall be minimum 5 feet. (3410-3/99) (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (3334-6/97,3410-3/99) (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (3334-6/97,3410-3/99) (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width,not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection(3)below. (3334-6/97,3410-3/99) (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed In subsection(3)below. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-8 3/99 RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (3) A zero side or rear setback may be permitted subject to the following requirements: (3334- 6/97,3410-3/99) (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (3334-6/97) (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (3334-6/97) (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (3334-6/97,3410-3/99) (d) No portion of the dwelling or any architectural features shall project over the property line. (3334-6/97) (e) The zero setback shall not be adjacent to a public or private right-of-way. (3334-6/97) (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (3334-6/97) (4) Double zero side setbacks maybe permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (3334-6/97, 3410-3/99) (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage- 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter210 210-9 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards i ATTACHED FRONT ENTRY GARAGE i Property line i i i i i Minimum 20' from garage to property line Street f_ Sidewalk ATTACHED SIDE ENTRY GARAGE i Property Line i i •• m SF i — Minimum 10' from i garage to property line f_Min25 Sidewalk Street Radius Properly line Alley — Minimum 25' from garage to property line on the other side of the existing alley Minimum 5' from i j garage to property line i Property line ! i GARAGE WITH ENTRY FROM REAR ALLEY Sidewalk Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-10 RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68,provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (3334-6/97,3410-3/99) (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410- 3/99) (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97,3410-3/99) (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty(30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (Note:Not certified by the California Coastal Commission;however, these provisions are in effect and will be enforced by the City of Huntington Beach.)(3269-12194)(3334-6/97) (d) Habitable area,which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume,with the following exceptions: (3334-6/97,3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five (5) feet from the building exterior and do not exceed the height limits as stated above. (3334-6/97) (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-11 3/99 Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume �- • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (3410-3/99) (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410-3/99) (a) Second story top plate height shall not exceed twenty-five(25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6197) (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise,maximum building height shall be 35 feet. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 3/99 Front Property j Line j I I I I 35'maximum 25'maximum height at top height in the of roof front and rear 25' of 25 the lot 25 I I I I I Street I I Rear j Property 25' 25' Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection(R). (3334-6/97,3410-3/99) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (3334-6/97) (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area(Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RE Districts shall be 25% of the residential floor area per unit (excluding garages). (3334-6/97,3410-3/99) (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area(Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (3334-6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (3334-6/97,3410-3/99) (d) A maximum of 50% of the private open space requirement,may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator or Planning Commission, provided that no portion of such deck exceeds the height limit. (3410-3/99) (3) Common Open Space. (a) Common open space,provided by interior side yards,patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways,parking areas, or area required for front or street side yards. (3334-6/97,3410-3/99) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6/97,3410-3/99) (P) Courts Opposite Windows in RM, RMH, and RH Districts (excluding the RMH-A sub- district). Courts shall be provided in all multi-family projects in the RM, RMH, and RH Districts subject to the following requirements: (3334-6/97,3410-3/99) (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room(see diagrams below). (3334-6/97, 3410-3/99) (2) Courts Opposite Interior Property Line: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3334-6/97,3410-3/99) (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-15 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window ' t I I 1/2 Hcight of 14 g, Opposit wall I 20 ft. I Not less than 10 ft. i Living room window I Living room I window 1 � h Living room Living room Living room window window window h/2 —-► 20 ft. Section A Section B Other room Other room window window 14 ft. Section C 210-CRT.CDR COURTS OPPOSITE WINDOWS (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-16 4/98 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (3334-6/97, 3410-3199) (R) Waterfront Lots. Projecting decks,windscreens, fencing,patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (3334-6/97) (1) Projecting Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (3334- 6/97,3410-3/99) (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass,tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3334-6/97) (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (3334-6/97,3410-3/99) (4) Solariums. Solariums (patio enclosures)may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side property line. The . maximum height shall not exceed the top of the first floor ceiling joist. (3334-6/97,3410-3/99) (5) Patio Covers. Patio covers (including eaves)may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (3334-6/97,3410-3/99) (6) Visibili . The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85%transmission of light and visibility through the structure in each direction when viewed from any angle. (3334-6/97) (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days'written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-17 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. 51 45 450 • 51 {., • min. house 5 1 min. . Property line 4 1 o i n_1 an cnP WATERFRONT LOT PROJECTIONS (3334-6/97) (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (3334-6/97,3410-3/99) (2) All required trees specified in Chapter 232 shall be provided. (3410-3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association,property owner or other method approved by the City of Huntington Beach. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-18 3/99 RL, RM, RNIH, RH, and RMP Districts: Additional Development Standards (T) Ling. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (3334-6/97) (U) See Section 230.08: Accessory Structures (3334-6/97,3410-3/99) (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. (3410-3/99) 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that maybe permitted by the Planning Commission. (3334-6/97,3410-3/99) A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. (3334-6/97,3410-3/99) B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. (3334-6197) C. Minimum Distance between Buildings. Minimum building separation shall be 10 feet. (3334-6/97,3410-3/99) D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades,two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. (3334-6/97) E. Open Space Requirements. (3334-6/97,3410-3/99) 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. (3334-6/97,3410-3/99) 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50. (3334-6/97,3410-3/99) 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50%of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. (3334-6/97,3410-3/99) F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. (3334-6/97) G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-19 3/99 RL, RM, RMH,RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro- forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s)proposed. (3334-6/97,3410-3/99) 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. (3334-6/97) A. Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. (3334-6197) B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. (3334-6/97) 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. (3334-6/97) 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. (3334-6/97) C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. (3334-6/97) D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. (3334-6/97) E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans,the buildings and use of property for planned unit development. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-20 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City. (3334-6/97) G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3334-6/97) 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. (3334-6/97) A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate,minimum 3 feet on any side. Rear minimum 5 feet (3334-6/97,3410-3/99) B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. (3334-6/97,3410-3/99) C. The undercarriage of all manufactured homes shall be screened from view on all sides. (3334-6/97) D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback line. (3334-6/97,3410-3/99) E. A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall. (3334-6/97,3410-3/99) F. Maximum site coverage for each individual manufactured home space shall be 75%. (3334- 6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-21 3/99 RL, RM,RMH,RH, and RMP Districts: Additional Development Standards G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. (3410-3/99) 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: (3334-6/97) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. (3334-6/97,3410-3/99) B. Design Review Board. See Chapter 244. (3334-6/97,3410-3/99) C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. (3334-6/97,3410-3/99) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-22 3/99 tool," I Industrial Districts: �'a .� (3254-10/94,3378-2/98,3523-2/02,3568-9/02) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate-to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts: Land Use Controls (3254-10/94) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator.(3254-10/94) "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. (3254-1.0/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-1 9/02 I G AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U- Requires conditional use permit on site of conditional use - - Not Permitted Additional IG IL Provisions Residential Group Residential PC PC M Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA (3523-2/02) Heliports Maintenance & Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L-10 L-10 Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2/02) Animal Hospitals ZA ZA (3523-2/02) Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568-9/02) Eating&Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food&Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics - PC Laboratories p P Maintenance &Repair Services P P Marine Sales and Services P P Nurseries p p Offices, Business &Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-2 09/02 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U- Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Research&Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations PC PC (K) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R&D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2/02) Real Estate Sales TU TU (3523-2/02) Trade Fairs TU TU (E) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-3 2/02 IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Planning Commission for a mixed use project, subject to the following requirements: (3254-10/94) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254-10/94) L-2 Allowed upon approval of a conditional use permit by the zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (3254-10/94) L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. (3254- 10/94) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is 2,500 square feet or less; allowed by conditional use permit approval by the Zoning Administrator if the space is over 2,500 square feet. (3254-10/94,3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-4 2/02 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time not to exceed five(5)years. (3254-10/94,3523-2/02) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school,park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378- 2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred(500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed sex oriented business. (3378-2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major,primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996,with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten(10)days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten(10) days. Within thirty days of receipt of a completed application,the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-5 2102 IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking&Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and(3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten(10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give mailed notice of the application to property owners within one thousand(1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-6 2/98 IG AND IL Districts:• Ad ditional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10)working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (Rest of page not used) s Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-7 9/02 IG AND IL Districts: Additional Provisions(continued) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator,provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (1) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) (J) Limited to facilities serving workers employed on-site. (3254-10/94) (K) See Section 230.46: Single Room Occupancy. (3254-10/94) (L) Limited to Emergency Shelters. (3254-10/94) (M) Development.of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3254-10/94,3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter212 212-8 02/02 r IG AND IL Districts: Additional Provisions(continued) (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10/94) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) (R) See L-11(A) relating to locational restrictions. (3254-10/94,3378-2/98) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U) Limited notification requirements when no entitlement required. (3523-2/02) 1. Ten(10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. (3523-2/02) 2. Notice of application shall include the following: (3523-2/02) a. Name of applicant.(3523-2/02) b. Location of planned development or use, including address.(3523-2/02) C. Nature of the proposed development shall be fully disclosed in the notice. (3523-2/02) d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans.(3523-2/02) e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures.(3523-2/02) f. Planning Department shall receive entire list including name and address of those receiving the mailing.(3523-2/02) 212.06 IG AND IL Districts: Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203,Definitions. (3254- 10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-9 2/02 Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B)(N) Minimum Lot Width(ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front (ft.) 10;20 10;20 (D) Side (ft.) - 15 (E)(F) Street Side (ft.) 10 10 Rear(ft.) - - (E) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping(%) 8 8 (H)(1) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 (J) Outdoor Facilities See Section 230.74 IG AND IL Districts: Development Standards(continued) Additional IG IL Requirements Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Area See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 (L) Nonconforming Uses and Structures See Chapter 236 Signs See Chapter 233 IG AND IL Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-10 10/94 IG AND IL Districts: Additional Development Standards (continued) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height(1 foot for each foot of height) and for buildings exceeding 150 feet in length(1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts,but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) (1) See Chapter 232: Landscape Improvements. (3254-10/94) (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) (K) See Section 230.80: Antennae. (3254-10/94) s Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-11 10/94 IG AND IL Districts: Additional Development Standards (continued) (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state- licensed acoustical engineer is approved by the Director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: (3254-10/94) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception;projects on substandard lots. (3254-10/94) B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10/94) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-12 10/94 Glapter�214� rS �ublic �Semipublc ]District �� � � '� � `�'�' i n3., ti...�._ ,u,. 9�,--. •.c�� ,�- ..1, ., .'�: , c .>.sue, ... _. ..a._ _.i... .. .5ar�a _ �1,..=8..., :�,� ..... (3334-6/97,3524-2/02,3553-5/02,3568-9/02) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located.(3553-5/02) 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-1 9/02 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park&Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 (3568-9/02) Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs TU Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-2 9/02 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Planning Commission. L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203,the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-3 9/02 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width(ft.) 100 Minimum Setbacks Front(ft.) 10 (B)(C)(M) Side(ft.) - (D) Street Side (ft.) 10 (C) Rear(ft.) - (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334-6/97) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping (%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-4 6/97 (F) Planting Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However,where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets,projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (1) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334-6/97) 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-5 6/97 HUNTINGTON BEACH ZONING ORDINANCE UPDATES Effective May 15, 2002 Please Remove from Please Add to Code Code Chapter 211 Chapter 211 Chapter 214 Chapter 214 Table of Contents Table of Contents Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Rebecca Ross, Deputy City Clerk, Records Division (714) 536-5210 aZon�ng► Code �s aua�lable on the Internet a http://www.ci.huntington-beach.ca.us or http://www.hbsurfcity.com/clerk Chapter 211 C Commercial Districts (3285-6/95,3341-10/96,3334-6/97,3482-12/00,3522-2/02,3553-5/02) Sections: 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three (3) commercial zoning districts are established by this chapter as follows: (3334-6/97) A. The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6/97) 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-1 5/02 "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/97) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic Q)(Q)(R)(V) (3334-6/97, 3553-5/02) Cemetery - - - Clubs and Lodges ZA ZA - (3334-6/97) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L11 L1 1 - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334-6/97) Government Offices P P PC (3334-6/97) Heliports PC PC PC (B) Hospitals PC PC - (3334-6/97) Park &Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-2 5/02 P _ Permitted CO, CG, L Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - (3522-2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings &Loans P P P With Drive-Up Service P P P (3522-2/02) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities P P P Eating and Drinking Estab. P P P L-4(Y) (3522-2/02) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - ZA ZA (3522-2/02) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02) Food &Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance &Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P (3334-6197) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2/02) Personal Services P P P Research&Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97; 3482-12/00) Secondhand/Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-3 2/02 P = Permitted CO, CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales &Rentals ZA ZA - L-12 (3522-2/02) Vehicle Storage - - - Visitor Accommodations Bed &Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (I) (3334-6/97) Quasi Residential (3334-6/97) Time Shares - PC PC (I)(J) (3334-6/97) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) (3334-6/97) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6/97) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2/02) Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU (3522-2/02) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2/02) Tent Event TU (3522-2/02) Trade Fairs - TU - Nonconforming Uses (G)(J)(V) (3334 6/97) (Rest of page not used) i Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-4 2/02 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Repealed. (3334-6/97) L-4 If greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required (see Y). (3522-2/02) L-5 Only"limited" facilities are allowed subject to approval of a conditional use permit from the Planning Commission, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only"small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. (3522-2/02) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and (3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-5 2/02 L-12 Permitted for existing facilities proposing to expand up to 20%. (3522-2/02) A Reserved. 3553-5/02 (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (3378-2/98) (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (3341-10/96) (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided, subject to approval of the Planning Commission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6/97) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-6 5/02 (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3522-2/02) (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3522-2/02) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97,3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels,motels, theaters,museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2/02) (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (3522-2/02) (Y). Limited notification requirements when no entitlement required. (3522-2/02) 1. Ten(10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. (3522-2/02) i Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-7 2/02 2. Notice of application shall include the following: (3522-2/02) a. Name of applicant. (3522-2/02) b. Location of planned development or use, including address. (3522-2/02) C. Nature of the proposed development shall be fully disclosed in the notice. (3522-2/02) d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3522-2/02) e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. (3522-2/02) f. -Planning Department shall receive entire list including name and address of those receiving the mailing. (3522-2/02) 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (Rest of page not used) i Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-8 2/02 CO CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width(ft.) 100 100 100 Minimum Setbacks Front (ft.) 10 10 - (D)(E)(0) Side (ft.) 5 - - (F) Street Side (ft.) 10 10 - (E) Rear(ft.) 5 - - (F) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping(%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks,height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Doublp-frontage lots shall provide front yards on each frontage. i Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-9 6/97 (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting_Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (I) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of i an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (1) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets,projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) i Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-10 6/97 • 2Q ft. 20ft. Max.100 ft. .- 100 unbroken wall—' 25 ft. or more 1 Single Horizonal Offsets: 20ft. Max. 100 ft. unbroken wa11 2 ft. 20ft. QnFT Min. 4 ft. recess 25 ft. 250%/,o of wall or more must be varied Variable Offsets: 20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story. (Rest of page not used) i Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-11 6197 1 Required Setback 1 _ Max.two stories without vertical break 211-CVSB. CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at setback line Setback line 211-FACE.BMP BUILDING FACE AT SETBACK LINE 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3522-2/02) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans; projects within 500 feet of a PS District; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-12 2/02 Chapter 214 PS Public-Semipublic District (3334-6/97,3524-2/02,3553-5/02) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. (3553-5/02) 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval.of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-1 5/02 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park&Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Commercial Parking Facility L-3 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs TU Nonconforming Uses (B) i Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-2 2/02 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted,but commercial parking facilities on City-owned land require a conditional use permit from the Planning Commission. (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) i Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-3 6/97 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width(ft.) 100 Minimum Setbacks Front (ft.) 10 (B)(C)(M) Side (ft.) - (D) Street Side (ft.) 10 (C) Rear(ft.) - (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334-6/97) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping(%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading Q) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-4 6/97 (F) Planting Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 2-30.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets,projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (ss34-6/97) 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt(see Chapter 245). Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-5 6/97 IFTABLE-OF ONTENTS y. ZONING MAPS ZONING AND SUBDIVISION ORDINANCE Page TITLE 20-- GENERAL PROVISIONS Chapter 201 Title, Components, and Purpose 201.02 Title 201-1 201.04 Components 201-1 201.06 Purpose 201-1 201.08 Consideration of Discretionary Applications 201-2 Chapter 202 Organization, Applicability, and Interpretation 202.02 Organization 202-1 202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance 202-2 202.06 Applicability of Land Use Controls and Development Standards 202-3 202.08 Rules for Interpretation; Record-Keeping 202-4 202.10 Responsibilities 202-4 202.12 Effect of This Ordinance on Approved Projects and Projects in Process 202-5 Chapter 203 Definitions 203.02 Applicability 203-1 203.04 Rules for Construction of Language 203-1 203.06 Definitions 203-2 Chapter 204 Use Classifications 204.02 Applicability 204-1 204.04 Uses Not Classified 204-1 204.06 Residential Use Classifications 204-1 204.08 Public and Semipublic Use Classifications 204-2 204.10 Commercial Use Classifications 204-4 204.12 Industrial Use Classifications 204-10 204.14 Accessory Use Classifications 204-11 204.16 Temporary Use Classifications 204-11 TITLE 21 -- BASE DISTRICTS Chapter 210 /Residential Districts 210.02 Residential Districts Established 210-1 210.04 RL, RM, RMH, RH and RMP Districts: Land Use Controls 210-2 210.06 RL, RM, RMH, RH and RMP Districts: Property Development Standards 210-5 Huntington Beach Zoning and Subdivision Ordinance TOC i 4/98 210.08 Development Standards for Senior Projects 210-19 210.10 Modifications for Affordable Housing 210-20 210.12 Planned Unit Development Supplemental Standards and Provisions 210-20 210.14 RMP District Supplemental Development Standards 210-21 210.16 Review of Plans 210-22 Chapter 211 C Commercial Districts 211.02 Commercial Districts Established 211-1 211.04 CO, CG, and CV Districts: Land Use Controls 211-1 211.06 CO, CG, and CV Districts: Development Standards 211-8 211.08 Review of Plans 211-12 Chapter 212 I Industrial Districts 212.02 Industrial Districts Established 212-1 212.04 IG and IL Districts: Land Use Controls 212-1 212.06 IG and IL Districts: Development Standards 212-9 212.08 Review of Plans. 212-12 Chapter 213 OS Open Space District 213.02 Open Space District Established 213-1 213.04 Applicability 213-1 213.06 OS District: Land Use Controls 213-1 213.08 OS District: Development Standards 213-4 213.10 Review of Plans 213-5 Chapter 214 PS Public-Semipublic District 214.02 Public-Semi Public District Established 214-1 214.04 Applicability 214-1 214.06 PS District: Land Use Controls 214-1 214.08 PS District: Development Standards 214-3 214.10 Review of Plans 214-5 Chapter 215 SP Specific Plan District 215.02 Specific Plan District Established 215-1 215.04 SP District: Land Use Controls 215-1 215.06 SP District: Development Standards 215-1 215.08 Initiation 215-2 215.10 Required Plans and Materials 215-2 215.12 Planning Commission Action 215-2 215.14 Status of Specific Plan 215-3 215.16 Zoning Map Designation 215-3 215.18 Review of Plans 215-3 Chapter 216 CC Coastal Conservation District 216.02 Purpose 216-1 216.04 Definitions 216-1 216.06 Designation of the Project Area 216-2 216.08 Permitted Uses and Structures 216-2 216.10 'Economically Viable Use Determination 216-5 216.12 Prohibited Principal Use and Structures 216-7 216.14 Required Permits/Agreements 216-7 Huntington Beach Zoning and Subdivision Ordinance TOC ii 2/02 216.16 Required Consideration f Alternatives 216-8 q ono rna 216.18 Performance Standards 216-8 216.20 Required Findings 216-11 TITLE 22 - OVERLAY DISTRICTS Chapter 220 O Oil Production Overlay District 220.02 Oil Production Overlay District Established 220-1 220.04 Zoning Map Designator and Applicability 220-1 220.06 Area Requirements 220-1 220.08 Reuse Plan Required 220-2 220.10 Criteria for Approval of a Reuse Plan 220-2 220.12 Site Compliance 220-3 220.14 Land Use Controls and Development Standards 220-3 220.16 Portable Equipment Required 220-3 220.18 Application for Designation 220-3 220.20 01 District - Dedication Requirements 220-3 220.22 Waiver or Reduction of Dedication Requirements 220-4 220.24 Criteria for Waiver or Reduction of Dedication Requirements 220-4 Chapter 221 CZ Coastal Zone Overlay District 221.02 Coastal Zone Overlay District Established 221-1 221.04 Zoning Map Designator 221-1 221.06 Requirements for Coastal Development Permit 221-1 221.08 Land Use Controls 221-2 221.10 Repealed 221.12 Coastal Access and Public Use Areas, Signs Required 221-2 221.14 Preservation of Visual Resources 221-2 221.16 Community Facilities 221-2 221.18 Diking, Dredging and Filing 221-2 221.20 Hazards 221-3 221.22 Buffer Requirements 221-3 221.24 Energy Facilities 221-3 221.26 Residential Density Limitations 221-4 221.28 Maximum Height 221-4 221.30 Off-Street Parking Requirements 221-4 221.32 Landscaping 221-5 221.34 Signs 221-5 221.36 Public Access Implementation 221-5 Chapter 222 FP Floodplain Overlay District 222.02 Floodplain Overlay District Established 222-1 222.04 Zoning Map Designators; Establishment of Hazard Areas 222-1 222.06 Definitions 222-2 222.08 Methods of Reducing Flood Hazards 222-6 222.10 General Provisions 222-6 222.12 Land Use Controls 222-8 222.14 'Development Standards and Standards of Construction 222-10 222.16 Variances/Appeals 222-14 Chapter 223 IS Interim Study Overlay District 223.02 Interim Study Overlay District Established 223-1 Huntington Beach Zoning and Subdivision Ordinance TOC iii 4/98 223.04 Zoning Map Designator 223-1 223.06 Land Use Controls 223-1 223.08 Development Standards 223-2 223.10 Expiration of IS District Ordinance; Renewal 223-2 223.12 Resubmittal of Development Proposals 223-2 Chapter 224 NC Neighborhood Conservation Overlay District 224.02 Neighborhood Conservation Overlay Established 224-1 224.04 Area Requirements 224-1 224.06 Status of NC Overlay District and Approved Plan 224-1 224.08 Allowable Modifications to Land Use Controls and Development Standards 224-2 224.10 Application for Designation 224-2 224.12 Adoption Procedures 224-2 224.14 Zoning Map Designator 224-3 224.16 Building Permits to Conform to Adopted Plan and Other Applicable Requirements 224-3 Chapter 225 PAD Planned Area Development Overlay District 225.02 Planned Area Development Overlay District Established 225-1 225.04 Site Requirements 225-1 225.06 Status of PAD Planned Area Development Overlay District and Approved Plan 225-1 225.08 Allowable Modifications to Land Use Controls and Development Standards 225-2 225.10 Application for Designation 225-2 225.12 Adoption of PAD Overlay District and Area Plan 225-2 225.14 Zoning Map Designator 225-3 225.16 Building Permits to Conform to Adopted Plan and Other Applicable Requirements 225-3 Chapter 226 H High-Rise Overlay District 226.02 High-Rise Overlay District Established 226-1 226.04 Applicability and Zoning Map Designator 226-1 226.06 Land Use Controls 226-1 226.08 Development Standards 226-1 Chapter 227 MHP Mobilehome Overlay District 227.02 Mobilehome Overlay District Established 227-1 227.04 Zoning Map Designator 227-1 227.06 Criteria for Application of Zone 227-1 227.08 Uses Permitted 227-1 227.10 Removal of the Mobilehome Park Overlay District or Change of Use 227-2 TITLE 23 - PROVISIONS APPLYING IN ALL OR SEVERAL DISTRICTS Chapter 230 Site Standards 230.02 `Applicability 230-2 Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230-2 230.06 Religious Assembly Yard Requirements 230-2 Huntington Beach Zoning and Subdivision Ordinance TOC iv 2/02 230.08 Accessory Structures 230-2 230.10 Accessory Dwelling Units 230-3 230.12 Home Occupation in R Districts 230-4 230.14 Affordable Housing Incentives/Density Bonus 230-5 230.16 Manufactured Homes 230-9 230.18 Subdivision Sales Office and Model Homes 230-10 230.20 Payment of Parkland Dedication In-Lieu Fee 230-10 230.22 Residential Infill Lot Developments 230-11 230.24 Small Lot Development Standards 230-12 230.26 (Reserved) 230-14 230.28 (Reserved) 230-14 230.30 (Reserved) 230-14 Non-Residential Districts 230.32 Service Stations 230-14 230.34 Housing of Goods 230-16 230.36 Transportation Demand Management 230-16 230.38 Game Centers 230-19 230.40 Helicopter Takeoff and Landing Areas 230-20 230.42 Bed and Breakfast Inns 230-21 230.44 Recycling Operations 230-22 230.46 Single Room Occupancy 230-22 230.48 Equestrian Centers 230-25 230.50 Indoor Swap Meets/Flea Markets 230-27 230.52 (Reserved) 230-28 230.54 (Reserved) 230-28 230.56 (Reserved) 230-28 230.58 (Reserved) 230-28 230.60 (Reserved) 230-28 All Districts 230.62 Building Site Required 230-28 230.64 Development on Substandard Lots 230-28 230.66 Development on Lots Divided by District Boundaries 230-29 230.68 Building Projections Into Yards and Courts 230-29 230.70 Measurement of Height 230-29 230.72 Exceptions to Height Limits 230-30 230.74 Outdoor Facilities 230-30 230.76 Screening of Mechanical Equipment 230-31 230.78 Refuse Storage Area 230-31 230.80 Antennae 230-31 230.82 Performance Standards for All Uses 230-32 230.84 Dedication and Improvements 230-33 230.86 Seasonal Sales 230-34 230.88 Fencing and Yards 230-35 230.90 Contractor Storage Yards/Mulching Operations 230-40 230.92 Landfill Disposal Sites 230-41 230.94 Carts and Kiosks 230-42 i Chapter 231 Off-Street Parking and Loading Provisions 231.02 Basic Requirements for Off-Street Parking and Loading 231-1 231.04 Off-Street Parking and Loading Spaces Required 231-3 Huntington Beach Zoning and Subdivision Ordinance TOC v 2/02 231.06 Joint Use of Parking 231-10 231.08 Reduced Parking for Certain Uses 231-11 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231-11 231.12 Parking Spaces for the Handicapped 231-11 231.14 Parking Space Dimensions 231-12 231.16 Application of Dimensional Requirements 231-14 231.18 Design Standards 231-14 231.20 Compact Parking 231-20 231.22 Driveways; Visibility 231-21 231.24 Landscape Improvements 231-21 231.26 Parking Area Plan Required 231-21 231.28 Oceanside or On-Street Parking within the Coastal Zone 231-21 Chapter 232 Landscape Improvements 232.02 Applicability 232-1 232.04 General Requirements 232-1 232.06 Materials 232-2 232.08 Design Standards 232-3 232.10 Irrigation 232-4 232.12 Exceptions 232-5 Chapter 233 Signs 233.02 Reserved 233-1 233.04 Permits Required 233-1 233.06 Permitted Signs 233-4 233.08 Exempt Signs 233-12 233.10 Prohibited Signs 233-13 233.12 Electronic Readerboards 233-14 233.14 Readerboard Signs-Multiple Users 233-16 233.16 Subdivision Directional Signs 233-18 233.18 Promotional Activity Signs 233-19 233.20 Planned Sign Program 233-19 233.22 Miscellaneous Signs and Provisions 233-20 233.24 Nonconforming Signs 233-21 233.26 Code Compliance 233-21 233.28 Definitions 233-21 Chapter 234 Mobilehome Park Conversions 234.02 Applicability 234-1 234.04 Definitions 234-1 234.06 Removal of MHP Overlay or RMP Zone or Change of Use 234-2 234.08 Relocation Assistance Plan 234-3 234.10 Acceptance of Reports 234-5 234.12 Action by Planning Commission 234-5 234.14 Fees Required 234-5 Chapter 235 Residential Condominium Conversions 235.02 Definitions 235-1 235.04 Permit Required 235-2 235.06 Required Reports and Information 235-2 235.08 Condominium Conversion Standards 235-4 Huntington Beach Zoning and Subdivision Ordinance TOC vi 2/02 235.10 Tenant Benefits and Notification 235-5 235.12 Effect of Proposed Conversions on the City's Low-and Moderate- Income Housing Supply 235-6 235.14 Bonus for Including Low- and Moderate-Income Housing 235-6 235.16 Findings 235-7 Chapter 236 Nonconforming Uses and Structures 236.02 General Provisions 236-1 236.04 Destruction of a Nonconforming Structure or Use 236-1 236.06 Alterations to a Nonconforming Structure or Use 236-2 236.08 Sex Oriented Businesses 236-3 TITLE 24 -ADMINISTRATION Chapter 240 Zoning Approval; Environmental Review; Fees and Deposits 240.02 Zoning Approval 240-1 240.04 Environmental Review 240-1 240.06 Fees and Deposits 240-2 Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits;Waiver of Development Standards 241.02 Procedures Established 241-1 241.04 Authority of Planning Commission and Zoning Administrator 241-2 241.06 Initiation 241-2 241.08 Notice and Public Hearing 241-2 241.10 Required Findings 241-2 241.12 Conditions of Approval 241-3 241.14 Effective Date; Appeals 241-3 241.16 Time Limit; Transferability; Discontinuance; Revocation 241-3 241.18 Changed Plans; New Application 241-4 241.20 Temporary Use Permits 241-4 241.22 Waiver of Development Standards 241-5 Chapter 242 (Reserved) 242-1 Chapter 243 (Reserved) 243-1 Chapter 244 Design Review 244.02 Applicability 244-1 244.04 Duties of the Design Review Board 244-1 244.06 Scope of Review 244-2 244.08 Required Plans and Materials 244-3 Chapter 245 Coastal Development Permit 245.02 Specific Purpose 245-1 245.04 Definitions 245-1 245.06 Permit Required 245-3 245.07 Emergency Coastal Development Permit 245-4 245.08 Exemptions 245-5 245.10 Categorical Exclusions 245-9 245.12 Application Requirements 245-11 245.14 Determination of Applicable Procedures 245-11 Huntington Beach Zoning and Subdivision Ordinance TOC vii 2102 245.16 Action on Coastal Development Permit 245-12 245.18 Public Hearing and Comment 245-12 245.20 Notice for Appealable Development 245-12 245.22 Notice for Non-Appealable Development 245-13 245.23 Waiver of Public Hearing for Minor Development 245-14 245.24 Notice of City Action 245-14 245.26 Precedence of Local Coastal Program 245-16 245.28 Conditions 245-16 245.30 Findings 245-16 245.32 Appeals 245-17 245.34 Application After Denial 245-18 245.36 Expiration of Coastal Development Permit 245-18 245.38 Permit Amendment 245-18 Chapter 246 Development Agreements 246.02 Purpose 246-1 246.04 Application Requirements 246-1 246.06 Department Review and Recommendations 246-2 246.08 Public Hearing Required 246-2 246.10 Planning Commission Action 246-2 246.12 City Council Action 246-3 246.14 Annual Review 246-3 246.16 Application of Existing Rules, Standards, and Policies 246-4 246.18 Modification and Termination 246-4 Chapter 247 Amendments 247.02 Initiation of Amendments 247-1 247.04 Required Application Materials for Amendments Initiated by Others 247-1 247.06 Public Hearing Scope and Notice 247-1 247.08 Planning Commission Review and Recommendation 247-2 247.10 Determination Before Making Recommendation on Change in Zoning or Subdivision Provision or Standard 247-2 247.12 Result of Planning Commission Denial 247-3 247.14 City Council Action 247-3 247.16 Local Coastal Program Amendments 247-3 Chapter 248 Notices, Hearings, Findings, Decisions and Appeals 248.02 Director's Duty To Give Notice 248-1 248.04 Notice Requirements 248-2 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248-2 248.08 Requirement that Findings Be Made Upon Grant of Application 248-2 248.10 Time and Manner of Decision 248-3 248.12 Time Limit on Reapplication for Same Matter 248-3 248.14 Denial Without Prejudice 248-3 248.16 Finality of Decision and Time for Appeal 248-3 248.18 Designation of Hearing Body on Appeal 248-4 248.20 Appeal of Decision 248-4 248.22 Appeal of Failure to Act 248-4 248.24 Appeal of Decision Not Otherwise Provided For 248-5 248.26 Fee for Appeal 248-5 248.28 Appeal by City Council Member, or Planning Commissioner 248-5 248.30 Effective Date of Decision 248 5 Huntington Beach Zoning and Subdivision Ordinance TOC viii 4/98 Chapter 249 Enforcement 249.02 Permits, Licenses, Certificates, and Approvals 249-1 249.04 Enforcement Responsibilities 249-1 249.06 Revocation of Discretionary Permits 249-1 249.08 Enforcement Penalties 249-2 249.10 Abatement Procedure 249-3 249.12 Lien Procedure 249-5 TITLE 25 -- SUBDIVISIONS Chapter 250 General Provisions 250.02 Citation and Authority 250-1 250.04 Consistency 250-1 250.06 Applicability 250-1 250.08 Exceptions 250-2 250.10 Definitions 250-2 250.12 Responsibilities. 250-4 250.14 Map Requirements 250-6 250.16 Fees and Deposits 250-7 Chapter 251 Tentative Maps 251.02 General 251-1 251.04 Form and Contents 251-1 251.06 Accompanying Data and Reports 251-2 251.08 Hearings and Action 251-3 251.10 Waiver of Time Limits for Zoning Administrator or Planning Commission Action 251-4 251.12 Appeals of Planning Commission or Zoning Administrator Action 251-4 251.14 Expiration 251-4 251.16 Extensions 251-4 251.18 Amendments to Approved or Conditionally Approved Tentative Map 251-5 251.20 Waiver of Parcel Map Requirements 251-5 Chapter 252 Vesting Tentative Maps 252.02 Application 252-1 252.04 Filing and Processing 252-1 252.06 Fees 252-2 252.08 Expiration 252-2 252.10 Rights of a Vesting Tentative Map 252-2 252.12 Amendment to Approved Vesting Tentative Map 252-3 252.14 Development Inconsistent with Zoning 252-3 Chapter 253 Final Maps and Parcel Maps 253.02 General 253-1 253.04 Phasing 253-1 253.06 Survey Required 253-1 253.08 Form 253-2 253.10 Contents 253-2 253.12 'Preliminary Submittal for City Approval 253-4 253.14 Review by City Engineer 253-5 253.16 Approval by City Engineer 253-6 253.18 Final Map Approval by City Council 253-6 Huntington Beach Zoning and Subdivision Ordinance TOC ix 5/97 253.20 Limitation on Denial by City Council 253-6 253.22 Filing with the County Recorder 253-6 253.24 Requirements for Correction and Amendment of Maps 253-7 Chapter 254 Dedications and Reservations 254.02 Dedication of Streets, Alleys, and Other Public Rights-of-Way or Easements 254-1 254.04 Waiver of Direct Access Rights 254-1 254.06 Dedications 254-1 254.08 Parkland Dedication 254-2 254.10 School Site Dedication 254-6 254.12 Reservations 254-7 254.14 Local Transit Facilities 254-8 254.16 Bridges and Major Thoroughfares 254-8 254.18 Supplemental Improvement Capacity 254-8 254.20 Drainage Fees 254-8 254.22 Solar Access Easements 254-9 254.24 Other Public Facilities 254-9 Chapter 255 Improvements 255.02 General 255-1 255.04 Improvements Required 255-1 255.06 Deferred Improvement Agreements 255-3 255.08 Design 255-4 255.10 Access 255-5 255.12 Improvement Plans 255-5 255.14 Improvement Agreement 255-6 255.16 Improvement Security 255-7 255.18 Construction and Inspection 255-9 255.20 Completion of Improvements 255-9 255.22 Acceptance of Improvements 255-10 Chapter 256 Reversions to Acreage 256.02 General 256-1 256.04 Initiation of Proceedings 256-1 256.06 Contents of Petition 256-1 256.08 Submittal of Petition to the City Engineer 256-2 256.10 City Council Action 256-2 256.12 Filing with County Recorder 256-3 Chapter 257 Mergers 257.02 Mergers Required 257-1 257.04 Notice of Intention to Determine Status 257-2 257.06 Hearing on Determination of Status 257-2 257.08 Determination of Merger 257-2 257.10 Appeals 257-3 257.12 Determination When No Hearing Is Requested 257-3 257.14 Request to Merge by Property Owner 257-3 257.16 Request for Determination by Owner 257-3 257.18 Unmerged Lots 257-4 Chapter 258 Enforcement 258.02 Prohibition 258-1 Huntington Beach Zoning and Subdivision Ordinance TOC x 5/97 258.04 Remedies 258-1 258.06 Certificate of Compliance 258-2 258.08 Notice of Violation 258-3 258.10 Appeals of Director's Action 258-4 INDEX APPENDIX Huntington Beach Ordinance Code - Article 910, Residential Agriculture (RA) Alquist-Priolo Earthquake Fault Zoning Act Huntington Beach Code Reference i Huntington Beach Zoning and Subdivision Ordinance TOC xi 5/97 HUNTING TON BEACH ZONING ORDINANCE UPDATES Effective February 6, 2002 Please Remove from Please Add to Code Code Chapter 203 Chapter 203 Chapter 204 Chapter 204 Chapter 211 Chapter 211 Chapter 212 Chapter 212 Chapter 214 Chapter 214 Chapter 230 Chapter 230 Chapter 231 Chapter 231 Chapter 233 Chapter 233 Chapter 236 Chapter 236 Chapter 241 Chapter 241 Chapter 244 Chapter 244 Chapter 250 Chapter 250 Chapter 257 Chapter 257 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Rebecca Ross, Deputy City Clerk, Records Division (714) 536-5210 � Zonrng► Coa►e �s available on the Infernet ��> s ' ,.�,�-€.�� _�_...� »�...A.„�.._ >. ".;��.1��. „ http://www.ci.huntington-beach.ca.us or http://www.hbsurfcity.com/clerk Chapter 203 Definitions (3248-6/95,3334-6/97,3482-12/00,3520-2/02) Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 203.02 Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction. 203.04 Rules for Construction of Language In addition to the General Provisions Chapter 1.04 of the Municipal Code, the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions apply singly. 3. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. "And/or" indicates that the connected words or provisions may apply singly or in any combination. C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments, commissions,boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials, unless otherwise indicated. F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-1 2/02 I G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. H. The words "activities" and "facilities" include any part thereof. 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, cellular radiotelephone cell antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-2 6/97 Antenna, Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. Antenna Whin. An antenna and its support structure consisting of a single, slender, rod- like element which is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a heliport, helipad, or helistop. Architectural Projections or Appurtenances. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area, Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. Street Area to be dedicated 250' .57 .53 gross acre net acre 230' L 100' _I- 100' _I 203-area.BMP LOT AREA Arterial. Any street,highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average,adjoining grade to the ceiling is over four feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-3 6/97 I Roof Second Story First Story Finished If this basement ceiling is more than 4'ft. from Grade Basement average adjoining finished L _, _ ._ _ V grade,the basement is considered a story. 203•BASE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land,watercourse, or city boundary. ILI 40 I I I FF77 I 203-BLK BLOCKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial,public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. (3248-6/95,3334-6197;3482-12100). • Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-4 12/00 � r City. The City of Huntington Beach. Clinic. An establishment where patients,who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission. Community Apartment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use,requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Building. A building that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. Court. An outdoor, unenclosed area intended to provide light, air, and privacy for individual dwelling units in multi-family projects. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than 2.5 feet from a wall, decks more than 42 inches in height above grade, and stairs. Deck. A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony). Demolition. The,deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus. An increase in the proposed number of units of twenty-five percent (25%) or greater over the number permitted pursuant to the current zoning and general plan designation on the property. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-5 6/97 Director. The Director of Planning or his or her designee. (3520-2/02) Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling, Multiple Unit. A building or buildings designed with two (2) or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit." Dwelling, Studio Unit. A dwelling unit consisting of 1 kitchen, 1 bathroom, and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental Impact Resort (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-6 2/02 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334-6/97) Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 FAR of 1.5 203-FAR FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan. The City of Huntington Beach General Plan. Grade, Existin>?. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Huntington Beach Zoning and Subdivision Ordinance Chapter203 203-7 6/97 Guest House. Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters.shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or cats at least four months of age are kept for any purpose. Kitchenette or Kitchen. Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone,brick,block, or similar material (excluding driveways,parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping. Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility(as applied to parking and loading facilities or to similar paved areas). Landscaping, Perimeter. A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area;excluding driveways or walkways which provide access to the facility. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-8 6/97 Perimeter Landscape Interior Landscape Interior Landscape Interior Landscape LANDSCAPING: PERIMETER INTERIOR Lodger. Any person other than a member of a family renting a room for living or sleeping purposes. Lot. Any numbered or lettered parcel shown on a recorded final map,record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. STREET Reversed Comer Lot Interior Interior Interior Comer Lot Lot Lot F_ Lot Through Lot Interior Flag Interior Interior Lot Lot Comer Lot L Lot i Lot Reversed Comer Lot STREET LOT TYPES 203-LOT Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Poth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear- lot line. Lot, Flay. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-9 6/97 Lot or Property Line, Re . A lot line,not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the. front lot line, a line 10 feet in length within the lot,parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Front Lot Line I Front Lot Line x '� •Y Q � Q y 0 0 � s v Y Lot Width=(x+y)/2 LOT WIDTH 203-LOTW Lower Income Household. A household whose annual income is at or below eighty percent (80%) of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-10 12/00 Mezzanine:maximum 33 percent of floor area below. Floor Below 2o3Af12 MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty (120%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Ne,gative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. (3334) Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-11 12/00 1 ' Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation,pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. min min min 6 ft. 4 10 ft. 14 10 ft. Patio Terrace Balcony Front Yazd Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven(7) in width, seven (7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. (3249-6/95,3334:3482-12/00) Proiect. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. .i Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-12 12/00 1 1 A Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys,parks,public right-of-ways, and sidewalks. (3249-6/95,3334-6/97;3482-12/00) Qualif ing Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Infill Lot. A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single family residential properties and is: (3301-11/95,3334-6/97) 1. A vacant parcel intended for detached single family development, or (3301-11/95, 3334-6/97) 2. " A parcel with an existing residential structure which will have fifty percent (50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. (3301-11/95,3334-6/97) Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase,or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. (3249-6/95,3334-6-97;3482-12/00) Specific Plan. A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans). Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-13 12/00 Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Structure. Anything constructed or erected that requires a location on the ground, excluding swimming pools, patios, walks, access drives, or similar paved areas. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Transmission Line. An electric power line bringing power to a receiving or distribution substation. Usable Satellite Signals. Satellite signals from all major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable televisions. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Very Low Income Household. A household whose annual income is at or below fifty (50%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove,hot plate,range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which maybe covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Window, Required. An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard, or rear yard. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-14 12/00 Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line, the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. (Rest of Page Not Used) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-15 12/00 r STREET r FRONT YARD I REAR YARD OT LINES LOT LINEL A�-� IN LU LU Uj IN Lu N w U) 0 Ln IN Cn :N p l 0LU N NI Ul IN Uj LU LU — — — — Uj in De i.. Ln ......... STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD CORNER LOT EXAMPLES ml-_—.REAR YARD REAR YARD REAR YARD "777z SIDE YAR 0LU 1 I Uj Cn S I D E Y�AR D�S STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD LOT LINES SIDE YAR 1 - LEGEND SIDE RDS BUILDING(ZONING)ENVELOPE STREET (TWO DIMENSIONAL) LOT LINES :Z. FRONTYARD STREET FRONT YARD S, E YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-16 12/00 — , Fcpter,204 Use Classif cations (3334-6/97,3378-2/98,3521-2/02) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children and adults. (3334-6/97) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. (3334-6/97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) Huntington Beach zoning and Subdivision Ordinance Chapter 204 204-1 2/02 f D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodizes. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. 1. DruQ Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) Huntington Beach zoning and Subdivision Ordinance Chapter 204 204-2 6/97 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court,in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of Califomia.(3334- 6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6/97) F. Day Care, Large-Family. Provision of non-medical care for 7 to 12 children on a less than 24-hour basis. (3334-6/97) G. Day Care, General. Provision of non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (3334-6/97) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6/97) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6/97) K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6/97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. (3334-6/97) O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-3 6/97 � I Q. Schools. Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6/97) R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97,3378-2/98) B. Animal Sales and Services. l. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary (maximum 30 days)boarding of animals are included, if incidental to the hospital use. (3334-6/97) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-4 2/98 1 ( C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. (3334-6/97) D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. (3334-6/97,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. (3334-6/97,3378-2/98) F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) (3334-6/97,3378-2/98) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97,3378-2/98) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks,bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) 1. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices; and cellular telephone facilities. (3334-6/97,3378-2/98) J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-5 2/98 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. (3334-6/97) a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. (3334-6/97) K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care,preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. (3334-6/97,3378-2/98) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Indq try. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-6 2/98 Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. (3334-6/97,3378-2/98) R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, and fitness studios. (3334-6/97,3378-2/98) V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. (3334-6/97,3378- 2/98) W. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras,photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils,hardware, appliances, antiques, art supplies and services,paint and wallpaper, carpeting and floor covering, office supplies,bicycles, and new automotive parts and accessories (excluding service and installation). (3334- 6/97,3378-2/98) Y. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-7 2/98 I M Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2/98) AA. Swap Meets, Indoor/Flea Markets. An occasional,periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6/97) BB. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. (3334-6/97) CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6/97) DD. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6/97) EE. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. (3334-6/97) 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. (3334-6/97) 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. (3334-6/97) 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops,body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. (3334-6/97) a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-8 2/98 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. (3334-6/97) 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles,but does not include vehicle dismantling. (3334-6/97) FF. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) HH. Quasi Residential 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3334-6/97) 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis for a period of time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-9 6/97 1 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small- scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. (3334-6/97) D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (3334-6/97) This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions, plating and processing shops, nuclear and radioisotope. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-10 6/97 This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy;pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6197) (3521-2/02) C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) D. Personal Property Sales. Sales of personal property by a resident ("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6/97) E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 48 consecutive hours no more than once every 3 months. (3334-6/97) G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6/97) H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-11 2/02 I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. (3334-6/97) J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334- 6/97) K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. (3521- 2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-12 2/02 Chapter 211='C Coma"'ercial Distriets,; (3285-6/95,3341-10/96,3334-6/97,3482-12/00,3522-2/02) Sections: 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three (3) commercial zoning districts are established by this chapter as follows: (3334-6/97) A. The CO Office Commercial District provides sites for offices for administrative, financial,professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants,hotels, motels, theaters, museums, and related services. (3334-6/97) 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-1 2/02 1 r "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/97) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (A)(J)(Q)(R)(V) (3334-6/97) Cemetery - - - Clubs and Lodges ZA ZA - (3334-6/97) Community and Human Services Drug Abuse Centers - PC - Primary Health Care Ll 1 L11 - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334-6/97) Government Offices P P PC (3334-6/97) Heliports PC PC PC (B) Hospitals PC PC - (3334-6/97) Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-2 2/02 P — Permitted CO, CG, L Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - (3522-2102) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans P P P With Drive-Up Service P P P (3522-2/02) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities P P P Eating and Drinking Estab. P P P L-4(Y) (3522-2/02) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - ZA ZA (3522-2/02) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02) Food &Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance & Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2/02) Personal Services P P P Research & Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97; 3482-12/00) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-3 2/02 P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 (3522-2/02) Vehicle Storage - - - Visitor Accommodations Bed & Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (1) (3334-6/97) Quasi Residential (3334-6/97) Time Shares - PC PC (I)(J) (3334-6/97) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) (3334-6/97) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6/97) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2102) Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU (3522-2/02) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2/02) Tent Event TU (3522-2/02) Trade Fairs - TU - Nonconforming Uses (G)(J)(V) (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-4 2/02 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 AIlowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Repealed. (3334-6/97) L-4 If greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required (see Y). (3522-2/02) L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Planning Commission, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. (3522-2/02) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and (3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-5 2/02 1 F L-12 Permitted for existing facilities proposing to expand up to 20%. (3522-2/02) (A) Limited to facilities on sites 2 acres or less. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (3378-2/98) (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (3341-10196) (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided, subject to approval of the Planning Commission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6/97) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department,Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance 40 Chapter 211 211-6 2/02 p (2) Restaurants,Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3522-2/02) is (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise,traffic). (3522-2/02) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97,3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2/02) (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (3522-2/02) (Y) Limited notification requirements when no entitlement required. (3522-2/02) 1. Ten (10) working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-7 2/02 1 1 2. Notice of application shall include the following: (3522-2/02) a. Name of applicant. (3522-2/02) b. Location of planned development or use, including address. (3522-2/02) C. Nature of the proposed development shall be fully disclosed in the notice. (3522-2/02) d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3522-2/02) C. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. (3522-2/02) f. Planning Department shall receive entire list including name and address of those receiving the mailing. (3522-2/02) 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-8 2/02 1 1 CO, CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width (ft.) 100 100 100 Minimum Setbacks Front (ft.) 10 10 - (D)(E)(0) Side (ft.) 5 - - (F) Street Side (ft.) 10 10 - (E) Rear(ft.) 5 - - (F) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping (%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks,height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-9 6/97 (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (I) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (N) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-10 6/97 2Q ft,2 ft. Max.100 ft. 100 ft. unbroken wall--* 25 ft. or more I Single Horizonal Offsets: 20ft. Magic. 100 ft. unbroken wall 2 ft. 20ft. 4�0FT. r/Min. 4 ft. �A " �►� II�J recess 25 ft. 25% of wall or Ore must be varied Variable Offsets- 20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter211 211-11 6/97 1 \ Required Setback 1 Max.two stories without vertical break 211-CVSB. CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at setback line L7 7__J L � 11 Setback line 211-FACE.BNT BUILDING FACE AT SETBACK LINE 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3522-2/02) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans; projects within 500 feet of a PS District; see Chapter 244. C. Plannin.,Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-12 2/02 Chapter:212 I Industrial Districts' �. (3254-10194,3378-2/98,3523-2/02) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts: Land Use Controls (3254-10/94) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator.(3254-10/94) "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. (3254-10/94j Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-1 2/02 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U-Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Residential Group Residential PC PC Q) Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA (3523-2/02) Heliports Maintenance & Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L-10 L-10 Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2/02) Animal Hospitals ZA ZA (3523-2/02) Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities P P Eating & Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food & Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business & Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-2 02/02 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U- Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Research &Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (1) Visitor Accommodations PC PC (K) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R& D P P Wholesaling, Distribution & Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2102) Real Estate Sales TU TU (3523-2/02) Trade Fairs TU TU (E) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-3 2/02 1 r IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Planning Commission for a mixed use project, subject to the following requirements: (3254-10/94) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254-10/94) L-2 Allowed upon approval of a conditional use permit by the zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (3254-10/94) L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. (3254- 10/94) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is 2,500 square feet or less; allowed by conditional use permit approval by the Zoning Administrator if the space is over 2,500 square feet. (3254-10/94,3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-4 2/02 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time not to exceed five (5) years. (3254-10/94,3523-2/02) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet (500') from any residential use, school, park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet (750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378- 2/98) l. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL,RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed sex oriented business. (3378-2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten(10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-5 2/02 I 1 IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and (ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-6 2/98 IG AND IL Districts: Additional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10)working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (Rest of page not used) m Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-7 2/98 IG AND IL Districts: Additional Provisions(continued) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (1) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) (J) Limited to facilities serving workers employed on-site. (3254-10/94) (K) See Section 230.46: Single Room Occupancy. (3254-10/94) (L) Limited to Emergency Shelters. (3254-10/94) (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (3254-10/94,3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-8 02/02 IG AND IL Districts: Additional Provisions(continued) (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10/94) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) (R) See L-11(A) relating to locational restrictions. (3254-10/94,3378-2/98) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U) Limited notification requirements when no entitlement required. (3523-2/02) 1. Ten(10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. (3523-2/02) 2. Notice of application shall include the following:(3523-2/02) a. Name of applicant.(3523-2/02) b. Location of planned development or use, including address. (3523-2/02) C. Nature of the proposed development shall be fully disclosed in the notice. (3523-2/02) d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans.(3523-2/02) e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures.(3523-2102) f. Planning Department shall receive entire list including name and address of those receiving the mailing. (3523-2/02) 212.06 IG AND IL Districts: Development Standards (3254-10/94) The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254- 10/94) Huntington Beach zoning and Subdivision Ordinance Chapter 212 212-9 2/02 I I Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area (sq. ft.) 20,000 20,000 (A)(B)(N) Minimum Lot Width (ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front (ft.) 10;20 10;20 (D) Side (ft.) - 15 (E)(F) Street Side (ft.) 10 10 Rear (ft.) - - (E) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(I) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 M Outdoor Facilities See Section 230.74 IG AND IL Districts: Development Standards(continued) Additional IG IL Requirements Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Area See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 (L) Nonconforming Uses and Structures See Chapter 236 Signs See Chapter 233 IG AND IL Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-10 10/94 IG AND IL Districts: Additional Development Standards (continued) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height (1 foot for each foot of height) and for buildings exceeding 150 feet in length (1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in "buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) (1) See Chapter 232: Landscape Improvements. (3254-10/94) (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) (K) See Section 230.80: Antennae. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-11 10/94 IG AND IL Districts: Additional Development Standards (continued) (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state- licensed acoustical engineer is approved by the Director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: (3254-10194) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. (3254-10/94) B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10/94) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) `i Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-12 10/94 Chapter 214-" PS-Public Semipublic District (3334-6/97,3524-2/02) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06' PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/Y' for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-1 2/02 1 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park &Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Commercial Parking Facility L-3 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs TU Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-2 2/02 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Planning Commission. (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-3 6/97 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width (ft.) 100 Minimum Setbacks Front (ft.) 10 (B)(C)(M) Side (ft.) - (D) Street Side (ft.) 10 (C) Rear(ft.) - (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334-6/97) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping (%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading M Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-4 6/97 (F) Planting Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334-6/97) 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-5 6197 Chapter 230 SiteStandards (3249-6/95,3301-11/95,3334-6/97,3410-3/99,3455-5/00,3482-12/00,3494-5/01,3525-2/02) Sections: 230.02 Applicability Residential Districts 230.04 Front and Corner Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Parkland Dedication In-Lieu Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards (3455-5/00) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-1 2/02 1 r 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334- 6/97) 230.06 Religious Assembly Yard Requirements Yards, height and bulk, and buffering requirements shall be as specified by a conditional use permit,provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 230.08 Accessory Structures A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-2 6/97 principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and iscarports, which abut an alley. No accessory structures shall be permitted off-site. C. Maximum Heiizht. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Separation. The distance between buildings on the same lot shall not be less than 10 feet. 230.10 Accessory Dwelling Units A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single family dwelling subject to a conditional use permit issued by the Zoning Administrator. Applications shall be submitted to the Director accompanied by the required fee, plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling,descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Zoning Administrator shall approve a conditional use permit for an accessory dwelling unit after a duly noticed public hearing upon finding that: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection (C) of this section; 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes; 3. The main dwelling or the accessory dwelling will be owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-3 5/00 1 1 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. All parking spaces shall comply with Section 231.18D. (3334-6/97) 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. C. Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for record with the County Recorder within 30 days of approval. Evidence of such filing shall be submitted to the Director within 30 days of approval. E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed at 25 percent of the fee for a single family residence as set by resolution of the City Council and paid prior to issuance of the building permit. 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied,provisions for storage of materials, and number and type of vehicles used. C. Required Conditions. Home occupations shall comply with the following conditions: 1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise,projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-4 5/00 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. i 5. No commercial vehicle or equipment used in conjunction with the home occupation shall i be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. A conditional use permit shall be issued by the Zoning Administrator when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. The City may grant incentives to the developer. An incentive includes,but is not limited to, the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including, but not limited to, a reduction in setback, lot coverage, floor area ratio,parking and open space requirements. 3. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City, i.e., housing set-aside funds. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-5 5/00 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgag_payments. 1. For the purpose of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five percent (25%) of the gross family income. 2. For the purpose of this section, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of sixty percent (60%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of fifty percent (50%)of the Orange County median income as defined by the State of California Department of Housing and Community Development. D. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives, the developer of a residential project must agree to one of the following: a. Provide at least twenty percent (20%) of the total units of the housing development for lower income households; or b. Provide at least ten percent (10%) of the total units of the housing development for very low income households; or c. Provide at least fifty percent (50%) of the total units of the housing development for qualifying senior residents. The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold, or leased at "market" rates. If a developer is granted a density bonus in excess of twenty-five percent (25%),those additional units above the twenty-five percent (25%) may be required to be maintained affordable for"moderate income" households. 2. Duration of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty (30) years. If the City does not grant at least one concession or incentive pursuant to this chapter in addition to the density bonus, or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten (10)years. 3. Affordable unit distribution and product mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project. 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be I Hu ntington Beach Zoning and Subdivision Ordinance Chapter 230 230-6 5100 recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915, et seq. of the California Government Code,prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to, the following items: a. The number of and duration of the affordability for the affordable units; b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.1813 unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: a. A general description of the proposed project, general plan designation, applicable zoning, maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five (5)units to qualify for a density bonus. b. A calculation of the density bonus allowed. c. In the case that the developer requests the City to modify development standards as another incentive, a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-7 5/00 r d. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council. 3. The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents, lower or very low income households in residential projects. 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. F. Required findings for approval. 1. Density bonus. In granting a conditional use permit for a density bonus,the Planning Commission/City Council shall make all of the following findings: a. The proposed project,which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. c. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. e. If located within the coastal zone,the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334-6/97) 2. Other incentives. A request for an additional incentive shall not be denied by the Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-8 5/00 In granting any other incentives as defined in this section, the Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s)will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. c. The granting of the proposed other incentive(s)will not be detrimental to the general health, welfare, and safety of persons working or residing in the vicinity. d. The granting of the proposed other incentive(s) will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s) will not impose an undue financial hardship on the City. f. If the other incentive is a modification of development standards, the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. g. The granting of the proposed other incentive will not result in the filling or dredging of wetlands. (3334-6/97) 230.16 Manufactured Homes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241. B. Location and Design Requirements. Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards,provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria: Manufactured homes shall not be allowed: a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot; or c. As an accessory building or use on an already developed lot. 2. Design Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-9 5/00 b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled,pursuant to state laws and standards. Before occupancy, the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty,be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. (3525-2/02) A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs,parking signs, directional signs, temporary structures,parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Parkland Dedication In-Lieu Fee All single family and multi-family housing projects, mobile home parks, and any other residential units not covered by Chapter 254 of Title 25, Subdivision Ordinance. These Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-10 2/02 developments shall pay a park in-lieu fee in accordance with the requirements of Chapter 254. The fees shall be calculated according to a schedule adopted by City Council resolution and shall be paid at the time a building permit is issued. 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets, driveways,property lines, and surrounding neighborhood. Compatibility considerations should include, but not be limited to, lot size, lot frontages,building layout,building configuration and design, building materials, product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements. (3301-11/95) A. Privacy Design Standards. 1. New residences shall off-set windows from those on existing residences to insure maximum privacy. The use of translucent glass or similar material, shall be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (3301-11/95) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling infill development. (3301-11/95) 3. Provide architectural features (projections, off-sets) to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. (3301-11/95) 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. (3301-11195) 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11/95) D. Public Notification Requirements. 1. Ten (10) working days prior to submittal for plan check (plan review) the applicant shall give notice of the application to adjacent property owners and the City of Huntington Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-11 5/00 Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; b. Location of planned development, including street address (if known) and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from plan check (plan review) submittal; and f. The address of the Department of Community Development. 2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s) when submitting the application for plan check (plan review). The adjacent property owners shall have ten (10)working days from plan check (plan review) submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (3301-11/95) 230.24 Small Lot Development Standards A. Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multi-family districts. Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals prior to Planning Commission action. These standards shall apply to all small lot subdivisions, whether the tentative map is designed with single units per lot, or multiple units per lot (condominium). B. Design standards. The following standards shall be considered by the Planning Commission prior to development approval: 1. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. 2. Architectural features and complementary colors shall be incorporated into the design of all exterior surfaces of the building in order to create an aesthetically pleasing project. 3. All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley-like.appearance. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-12 5100 1 C. Development Standards. The following standards shall apply to all small lot developments: Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 sq. ft. avg.) Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories except 3rd level permitted<500 sq. ft. Min. 5/12 roof pitch No decks above the second story Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. +offsets in front fagade Covered Porches (unenclosed) 10 ft. Garage 18 ft Upper Story Upper story setback shall be varied Side 8 ft. aggregate, min. 3 ft. 0 ft. permitted with min. 8 ft. on other side Street Side 10 ft.; includes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line) Rear Dwelling 15 ft.; 50% of bldg. width may be at 13 ft. Garage 3 ft.; 0 ft. if garage is designed to back to another garage Maximum Lot Coverage 50%+ 5% for covered porches, patio covers, balconies. Maximum Floor Area Ratio (FAR) 0.7 Minimum Interior Garage Min. 400 sq. ft.; Dimension (width x depth) min. 18 ft. wide Minimum Building Separation to 6 ft. Accessory Building Open Space Common recreational area Projects of 20 units or more: (project) 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-13 5/00 1 1 Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 Landscaping 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station use classification. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-14 5/00 1 1 A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at the intersection of arterial highways. C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. 2. The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative impact on surrounding uses. 5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements: a. A 3 foot-wide planter(inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-15 5/00 E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. , Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines. 230.34 Housing of Goods All goods, wares, merchandise, produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing,public transit, bicycling or walking. 2. Carpool: Two (2) to six (6) persons traveling together in a single vehicle. 3. Employee: Means any person employed by a firm,person(s), business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time,part-times or temporary basis. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-16 5/00 1 4. Employer: Means any person(s), firm,business, educational institution, government agency,non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. . 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management (TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment,base of operation, or predominate location of an employee or group of employees. C. Applicability: 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons,as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts,planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Commission /Zoning Administrator when such temporary activities are for a period not to exceed 30 days and held no more than once a year. 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the Director; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-17 5/00 b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square fee t) Type of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. D. Site development standards: Development projects subject to this section shall comply with the following site development standards: 1. Parking for Carpool Vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted to Type of Use Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following: a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-18 5/00 1 1 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances,for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6) foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. 1 Passenger Loading Areas Unless determined unnecessary by the decision-maker, per Title 24,passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker, per Title 24, parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1%of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." b. For parking structures, vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. c. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker, per Title 24,bus shelter,pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-19 5/00 location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a game center as a business in a C district must obtain a conditional use permit from the Zoning Administrator. The permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. B. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Hours of Operation for Minors under 18 Years of A-ge. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site, the district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be. E. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community. 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: 1. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2. The heliport, helipad, or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level, the conditional use permit application shall be denied. B. Locational Criteria. 1. Minimum Separation. Minimum separation between heliports,helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. i Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-20 5100 2. Protected Areas. No heliport,helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area- 50 feet; b. Helicopter maintenance facilities - 25 feet; c. Administrative or operations building - 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport,helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. F. Application Requirements. The following additional information shall be submitted with a conditional use permit application: 1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning. 3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights. 4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Planning Commission may approve a conditional use permit for abed and breakfast inn in any C District and RMH-A District after a duly noticed public hearing upon finding that: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-21 5/00 I 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection (B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Desiyn and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet,but no more than six rooms shall be rented for lodging. 2. Parkin . The requirements of Chapter 231 shall apply. 3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district, no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view,but no internal illumination from an interior light source shall be permitted. 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. 230.46 Single Room Occupancy Single room occupancy (SRO) shall comply with the following requirements: A. General Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. 2. No more than one (1)person shall be permitted to reside in any unit, excluding the manager's unit and up to 25 percent of the total number of units which have double occupancy. (3494-5/01) 3. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor,rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and regulations. Income levels shall be verified by a third party and submitted to the City of Huntington Beach as part of the annual review. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-22 5/01 i r 4. An on-site, twenty-four(24)hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size. (3494-5/01) 5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified. (3494-5/01) 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element,with the exception of the twenty-four(24)hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures. (3494-5/01) 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3494-5/01) 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. (3494-5/01) B. Unit Requirements. 1. Minimum unit size shall be 250 square feet except double occupancy units shall be a minimum of 400 square feet. (3494-5/01) 2. Maximum unit size shall be three hundred (300) square feet excluding manager's unit and double occupancy units. (3494-5/01) 3. Each unit shall contain a kitchen and bathroom. (3494-5/01) a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove/oven unit and/or microwave; (3494-5/01) b. If stoves/oven units are not provided in each unit, then stoves/oven units shall be provided in a common kitchen area(s). (3494-5/01) c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub. d. Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred (400) square feet. b. For projects exceeding thirty (30)units, an additional 10 square feet of recreational space per unit is required. (3494-5/01) Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-23 5/01 c. Common recreational space may be indoor or outdoor provided there is at least forty percent (40%) allotted toward indoor space and forty percent (40%) outdoor space; the balance may be either indoors or outdoors. d. Common recreational space may be in separate areas provided each space is not less than two hundred (200) square feet in size and has no less than a ten (10) foot dimension. 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. 3. A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel. (3494-5/01) 4. Mailboxes shall be provided for each unit located near the lobby in plain view of the entry desk. (3494-5/01) 5.- Handicap access facilities shall be as required by applicable state or local law. (3494-5/01) 6. At least one handicapped-accessible unit shall be required for every twenty(20) units. (3494-5/01) 7. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. (3494-5/01) 8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold water on every floor shall be provided on every floor. (3494-5/01) 9. Storage Lockers (3494-5/01) a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio often(10) cubic feet per unit. 10. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations. (3494-5/01) 11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a secured and enclosed and covered area. (3494-5/01) 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-Story projects. (3494-5/01) 13. A minimum of two (2) pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3494-5/01) 14. Phone jack(s) shall be provided in each unit. (3494-5/01) 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-24 5/01 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be for a maximum period of five years subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis, the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. B. Design and Development Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. , Density/Riding Areas. Maximum density for horse facilities shall be determined by the following criteria: (a) Maximum density shall be twenty-five (25)horses per acre. (b) Minimum riding area shall be five thousand (5,000) square feet per fifteen(15) horses. For facilities with over one hundred (100)horses, two separate arenas shall be provided. In the alternative, off-site riding area shall be provided adjacent to the facility at the rate of one acre per fifteen (15) horses. (c) Exercise rings shall have no dimension less than thirty(30) feet. (d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less than eighty (80) feet. 3. Maximum Building Height. Maximum building height shall be thirty (30) feet. 4. Required Setbacks. Front: 50 feet (30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to any 300 feet residential zone or use: 5. Corral Desiin. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-25 5/00 (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet. 6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35)horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. l. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty(50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-26 5/00 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24)hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. 7. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-street Parking and Landscaping. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works. 2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten(10) foot wide (inside dimension) planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten(10) years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools, hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-27 5/00 1 Y 4. The site's proximity to businesses processing hazardous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets. D. Minimum Building Size. 1. Minimum building gross floor area shall be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. 1. Ancillaryy Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Sims. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 231. 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard Lots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-28 5/00 1 1 B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice, eaves and ornamental features 3 2.5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-29 5/00 1 1 A. Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae; radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334-6/97) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverages service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. (3525-2/02) B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles,boats, or equipment offered for sale or rent only. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-30 2/02 1 6 D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection(B) below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment,plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of a satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334-6/97) C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-31 5/00 .i 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna does not exceed 6 feet in height. No antenna shall be located in a required front yard. When roof-mounted, the antenna shall be located on the rear one-half of the roof. 3. Maximum Height: The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the antenna is located, if roof-mounted. 4. Maximum Dimension: The maximum diameter shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. 5. Screening: The structural base of a satellite antenna, including all bracing and appurtenances, but excluding the dish itself, shall be screened from public view and adjoining properties by walls, fences,buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-32 5/00 C. Storage On Vacant Lot. A person may not store,park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters' rights, drainage,public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: 1. , Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement, not to exceed one (1) year, may be granted upon consideration of the following criteria: a. Type of horticultural use proposed. b. Duration (temporary or permanent). c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or 2. A precise plan of street, highway or alley alignment. D. Improvements. I. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-33 5/00 1 1 for plan check, and all fees, established by resolution of the City Council, have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates)of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection (3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten (10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-34 6/97 B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. C. Site Standards. 1. Storage and display of products shall be set back not less than ten(10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar($500)cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section. (3334-6/97,3410-3/99) 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-35 3199 1 height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight (8) feet including retaining wall with the following: (3525-2/02) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (3525-2lO2) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3525-2/02) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (3525-2/02) (4) Approval from Public Works Department. (3525-2/02) 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate,but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight (8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. In order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten (10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry wall. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-36 2/02 1 1 c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall • or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen (18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen (18) inches in height may be erected above the eighteen (18) inch high retaining wall with a minimum three (3) foot front setback. A wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below.) (3410-3/99) j Required Y-0" Tree/Palm Landscaping I Front I Building* property line h j Max.42" i Patio •i Retaining Walls Sidewalk/Parkway Max.18" *See Maximum building height in Chapter 210 e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight (8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-37 3/99 1 1 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts,nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334-6/97) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight (8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley,no fence, wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten (10) feet from the intersection of the rear and street side property lines. 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven (7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven (7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven (7) feet within a triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley and driveway. 1 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-38 6/97 1 1 PRopERryGiryE • ` �2' � GURB NE�GN't 230-CORP DIAGRAM A o' 10. 10, 10' _ 10, 10' 10' 10' — 2S0-calb Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-39 6/97 STREET/ALLEY DIAGRAM B REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY JS' �,.1 .1• IS° �• I I I I i I i I I i o' N107 THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A• A 42 inch high fence may be constructed on any portion of the lot. 13' +In I ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. ; I "A" Indicates minimum front yard setback. I Diagram C 1. 1• 62394 G1019DRA'N230$112 IMP 230.90 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted'subject to the following: A. Initial approval shall be for a maximum of two (2) years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. B. The development shall comply with parking, access and setback requirements contained in Chapter 23 1. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-40 6/97 230.92 Landfill Disposal Sites Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations, permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. A. Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: 1. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment,waste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein. 2. Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City, mitigation measures, contained in the operations plan, shall be implemented immediately. D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Health Services and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: 1. All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-41 6/97 2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. (3249-6/95;3482-12/00;3525-2/02) A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95) 1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-42 2102 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to- one (1:1)ratio. (3249-6/95) 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight (8) feet in length including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved. (3249-6/95,3525-2/02) 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria. B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: (3249-6/95,3525-2/02) 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; (3249-6/95) 2. Appropriateness and location of signing and graphics; (3249-6/95) 3. The width of the sidewalk or pedestrian accessway; (3249-6/95) 4. The proximity and location of building entrances; (3249-6/95) 5. Existing physical obstructions including,but not limited to signposts, light standards, parking meters, benches,phone booths, newsstands, utilities and landscaping; (3249-6/95) 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, passenger loading or parking spaces; (3249-6/95) 7. Pedestrian traffic volumes; and (3249-6/95) 8. Handicapped accessibility. (3249-6/95) C. Operating Requirements, Provisions and Conditions. l. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. (3249-6/95) 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. (3249-6/95) 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. (3249-6/95) 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. (3249-6/95;3525-2/02) 6. The sale of alcoholic beverages shall be prohibited. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-43 2/02 1 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. (3249-6/95) 8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95) 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (3249-6/95) 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. (3249-6/95,3525-2/02) D. Parkin.2. Additional parking may be required for cart or kiosk uses by the Planning Director. (3249-6/95,3525-2/02) E. Review, Revocation. The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six (6) month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be.considered for revocation. (3249-6/95;3525-2/02) F. Limited Notification. Ten (10) working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: (3525-2/02) 1. Name of applicant. (3525-2/02) 2. Location of planned development or use, including address. (3525-2/02) 3. Nature of the proposed development shall be fully disclosed in the notice. (3525-2/02) 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3525-2/02) 5. The date by which any comments must be received in writing by the Planning Department. (3525-2/02) 6. Planning Department shall receive entire list including name and address of those receiving the mailing. (3525-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-44 2/02 Chapter 231 Off Street Parking and Loading Provisions (3334-6/97,3378-2/98,3494-5/01,3526-2102) Sections: 231.02 Basic Requirements for Off-Street Parking and Loading 231.04 Off-Street Parking and Loading Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231.12 Parking Spaces for the Handicapped 231.14 Parking Space Dimensions 231.16 Application of Dimensional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visibility 231.24 Landscape Improvements 231.26 Parking Area Plan Required 231.28 Oceanside or On-Street Parking within the Coastal Zone 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50 percent of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. (3334-6/97) B. Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter,provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: (3334-6/97) 1. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter231 231-1 2/02 1 � 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and (3334-6/97) 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. (3334-6/97) C. Spaces Required for Alteration or Enlargement. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. (3334-6/97) D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06A, but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. (3334-6/97) E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long- term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. (3334-6/97) 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. (3334-6/97) (a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (3334-6/97) (b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose machines shall be prohibited in any yard area. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-2 6/97 2. Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. (3334-6/97) 3. Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. (3334-6/97) 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. (3334-6/97) F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional parking space or loading space shall be required. (3334-6/97) G. Other Requirements. 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. (3334-6/97) 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3334-6/97) 231.04 3 Off-Street Parking and Loading Spaces Required A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in width, twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. (3334-6/97) B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. (3334-6/97) Where the use is undetermined, the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-3 6/97 I ,i C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five (5) spaces. The change of use request must be on a site with two or more uses, have minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. (3526-2/02) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-4 2/02 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (3334-6/97) Use Classification Spaces Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclosed and 2 open' 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the RMH-A district 2 enclosed spaces per unit with up to three bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed)per unit 3 or more bedrooms 2.5 spaces (1 enclosed)per unit Guests 0.5 space per unit 'Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-5 6/97 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit (1 covered) Manufactured Homes 2 spaces per unit; one covered, and one may be behind the first Guest 1 per 3 manufactured homes Rooming House 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms Residential Care, Limited 1 per 3 beds Public and Semi-public Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes of 1 per 3 fixed seats (18 inches =one seat), whichever is greater Cultural Facilities 1 per 300 sq. ft. gross floor area Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service Facilities 1 per 500 sq. ft. Park and Recreation Facilities As specified by conditional use permit for private facilities Public Safety Facilities As specified by the conditional use permit Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (18 inches = 1 seat),whichever is greater Residential Care, General 1 per 3 beds; plus additional spaces, as specified by conditional use permit Schools, Public or Private Preschools,nursery day care 1 per staff member, plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-6 6/97 { OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Schools, Public or Private-cont. Trade schools, music 1 per 35 sq. ft. of instruction area conservatories Utilities, Major As specified by conditional use permit Commercial Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces Animal Sales and Services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Banks and Savings & Loans 1 per 200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area Catering Services 1 per 400 sq. ft. Commercial Recreation and Entertainment Bowling Alleys 3 per lane, plus 1 per 250 sq. ft. of public assembly and retail areas Electronic Game Centers 1 per 200 sq. ft. Health Clubs 1 per 200 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Other Commercial As specified by the Zoning Administrator or Recreation and Entertainment Planning Commission Communications Facilities 1 per 500 sq. ft. Eating and Drinking Establishments with less than 12 seats 1 per 200 sq. ft. with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-7 6/97 1 r OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Eating and Drinking Establishments- cont with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading,but not less than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or loading, but not less than 5 Horticulture, Limited 1 per 2 acres Laboratories 1 per 500 sq. ft. Maintenance and Repair Services 1 per 500 sq. ft. Marine Sales and Services 1 per 500 sq. ft. Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers) Pawn Shops 1 per 200 sq. ft. Personal Enrichment Services 1 per 35 sq. ft. of instruction area Personal Services 1 per 200 sq. ft. Research and Development Services 1 per 500 sq. ft. Retail Sales Not Listed Under Another 1 per 200 sq. ft. Use Classification Sex Oriented Business (3378-2/98) Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-8 2/98 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Sex Oriented Business (cont.) Encounter center 1 per 35 sq. ft. of instruction area (3378-2/98) Escort bureau 1 per 250 sq. ft. (3378-2/98) Hotel/Motel 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule (3378-2/98) Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area motion picture theater or if there are no fixed seats (3378-2/98) motion picture arcade Retail sales 1 per 200 sq. ft. (3378- 2/98) Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal, review and approval of a traffic engineering study Vehicle/Equipment Sales and Services Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing,but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area Automobile Washing (Car Wash) Full-service (attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service Stations full-serve/repair garage 1 per 500 sq. ft.but no less than 5 self-serve 2 with convenience markets 1 per 200 sq. ft. of retail space but no,less than 8 with self-serve car wash 4 with self-serve car wash 10 and convenience market Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5 Vehicle/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales and/or and Rentals display lot area accessible for public viewing,but no less than 10; plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor Accommodations: Bed and Breakfast 1 per guest room plus I guest and 1 manager/owner space Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-9 2/98 I I OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued) (3334-6/97) Use Classification Off-Street Parking Spaces Visitor Accommodations (cont.) Hotels, Motels 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor Residential Hotels parking; 1 per passenger transport vehicle (minimum of 1 stall) one loading space, and 2 spaces for any manager's unit, plus 0.5 per all remaining personnel (3494-5/01) Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10% office area) Manufacturing, research assembly, 1 per 500 sq. ft. packaging Wholesaling, warehousing and 1 per 1,000 sq. ft. distributing space Offices 1 per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area,but no less salvage and lumber yards than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit 231.06 Joint Use Parking In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3334-6/97) The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required,when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-10 5/01 1. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and (3334-6/97) 2. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel; and (3334-6/97) 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3334-6/97) 231.08 Reduced Parking for Certain Uses A., The Planning Commission may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule "A"in Section 231.04, provided that the following findings are made: (3334-6/97,3526-2/02) 1. The parking demand will be less than the requirement in Schedule A; and (3334- 6/97,3526-2/02) 2. The proposed use of the building or structure, will not generate additional parking demand; and (3334-6/97,3526-2/02) 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. (3334-6/97) B. The Planning Commission may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant's request and expense as a basis for approval of a reduction in required parking. (3334-6/97,3526-2/02) 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to conditional use permit approval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval. (3334-6/97) 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. (3334-6/97) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-11 2/02 231.14 Parking Space Dimensions (3334-6/97) Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. (3334-6/97) Angle of Stall Stall Aisle Width' Parking Width Depth 1-way 2-way 00 9 19 (with 8 ft. Striped 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 900 9 19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 'Minimum 24 feet when determined by Fire Department to be a fire lane. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-12 6/97 300 ,45° & 600 Parking 40, ?F zoiioi. .10 OP 90" Parking 24 In. Exterior i Dimension ' 1 1 0 19 Ft. j 18 In. Interior Dimension J I Parallel Parking 9 ft. 8 ft. _ _ 19 ft. I 19 ft. I 8 ft O:%DIV9DRAW1231 STRP.BM STRIPING REQUIREMENTS DIAGRAM A Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-13 6/97 231.16 Application of Dimensional Requirements A. Relation to Walls and Posts/Columns. A parking space on a site with more than five (5)parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Post/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall. (3334-6/97) B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an entrance may be 6.67 feet. When handicapped parking is provided,vertical clearance shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71). (3334-6/97) For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space. (3334-6/97) C.- Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence,wall,building or walkway. (3334-6/97) D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. (3334-6/97) 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. (3334-6/97) B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3334- 6/97) Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B. (3334-6/97) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-14 6/97 i I I I I I I 100, I I 4ft. I I 724t. 24ft. 4ft. ' G]DMDRAYM31•ENTBN COMMERCIAL CENTER MAIN ENTRANCE FOR PARKING LOTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. I —2 ft. Wheel ,�\ I Maneuvering 19 ft. 1, stop area I �9 ft. L 26 ft. 1 3 ftl 3 ft/ 12"Step off area G,DIV9DR.AW13I-RND.BMP TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-15 6/97 1 i C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a 0 time-clock or photo-sensor system. (3334-6/97) D. Residential parking. (3334-6/97) 1. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. (3334-6/97) 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. (3334-6/97) 3. Turninz Radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) (3334-6/97) STREET r FGA AGE 17- - - - - - - - --- ----ALLE-Y- DRIV WAY STREET STREET GAD IV90RAWU31-T URN.BMP TURNING RADIUS DIAGRAM D i Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-16 6/97 I 4. Driveway Width. (3334-6/97) Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multi-family dwellings Greater than 150 feet 20 feet clear width Exce tp ion: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parking. All guest parking shall be fully accessible. (3334-6/97) 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3334-6/97) 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. (3334-6/97) 8. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: (3526-2/02) 1) Fire Department approval for location and emergency entry. (3526-2/02) 2) Postmaster approval of location for mail boxes or entry for postal carrier. (3526-2/02) 3) Shall provide a driveway within a minimum of twenty (20) feet for vehicle stacking. (3526-2/02) 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. (3334-6/97, 3526-2/02) 10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. (3334-6/97,3526- 2/02) 11. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)parking spaces on-site.(3334-6/97,3526-2/02) E. Non-residential Parkine and Loading. (3334-6/97) 1. Designated Parking. Parking spaces within an integrated, non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-17 2/02 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Planning Commission. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: (3334-6/97,3526-2/02) 4) Fire Department approval for location and emergency entry. (3526-2/02) 5) Postmaster approval of location for mail boxes or entry for postal carrier. (3526-2/02) 6) Shall provide a driveway with a minimum of twenty (20) feet for vehicle stacking. (3526-2/02) 3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure. (3334-6/97) 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. (3334-6/97) 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. (3334- 6/97) 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. (3334-6/97) 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. (3334-6/97) F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: (3334-6/97) 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-18 2/02 I I 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of 3 feet in height, solidly built. At a minimum,posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of 1-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. (3334-6/97) 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection. (3334-6/97) 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. (3334-6/97) 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. (3334-6/97) 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director. (3334-6/97) 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. (3334-6/97) 8. An approved fire extinguisher shall be provided on the premises during business hours. (3334-6/97) 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3334-6/97) For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of$1,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (3334-6/97) Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-19 6/97 I � G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking structures shall comply with the following requirements:(3334-6/97) 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. (3334-6/97) 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. (3334-6/97) 3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3334-6/97) 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. (3334-6/97) 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. (3334-6/97) 231.20 Compact Parking (3334-6/97) The Planning Commission, City Council, or Zoning Administrator, whichever is the review body, may allow use of compact parking to satisfy a portion of the required parking upon finding that compact parking will result in a more effective and efficient circulation pattern and parking layout and enhance the general appearance of the development and its surroundings. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full-size spaces. Compact spaces shall be marked "COMPACT" on the foot of the stall. The number permitted shall be subject to the following standards: (3334-6/97) A. Non-residential developments with a minimum of 20 spaces shall be permitted to have 20 percent of the total spaces as compact parking. (3334-6/97) B. Residential developments with a minimum of 50 units may have 20 percent of the non- guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-20 6/97 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. (3334-6/97) 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. (3334-6/97) 231.26 Parking Area Plan Required Prior to the construction, reconstruction, or restriping of an off-street parking area, a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include: (3334-6/97) A. Location and description of fencing and architectural screen walls. (3334-6/97) B. Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards. (3334-6/97) C. Location and placement of lights provided to illuminate the parking area. (3334-6/97) D. A drainage plan showing drainage to a public way in accordance with accepted standards or practices. (3334-6/97) E. A landscape,planting and irrigation plan prepared consistent with the requirements of Chapter 232. (3334-6/97) Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97) 231.28 Oceanside or On-Street Parking within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available.(3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-21 6/97 1 � Chapter 233 Suns (3334-6/97,3360-12/97,3527-2/02) Sections: 233.02 Reserved 233.04 Permits Required 233.06 Permitted Signs 233.08 Exempt Signs 233.10 Prohibited Signs 233.12 Electronic Readerboards 233.14 Readerboard Signs-Multiple Users 233.16 Subdivisional Directional Signs 233.18 Promotional Activity Signs 233.20 Planned Sign Program 233.22 Miscellaneous Signs and Provisions 233.24 Nonconforming Signs 233.26 Code Compliance 233.28 Definitions 233.02 Reserved 233.04 Permits Required Sign permits are required for all signs, unless expressly exempted under Section 233.08. A sign permit (building permit) for a new sign or change in sign panel/face shall be obtained from the Planning and Building and Safety Departments prior to installation. (3360-12/97,3527-2/02) A. Sign Permit. A complete sign application shall include the following information: (3334-6/97) 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: (3334-6/97,3360-12/97) a. Site plan indicating the location of all proposed signs, as well as the size and location of existing signs on the site. Photographs should be submitted if available. (3334-6/97,3360-12/97) b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style, color(indicate standard color number if applicable), materials, proposed copy and illumination method. (3334- 6/97) c. Dimensioned building elevations with existing and proposed signs depicted. (3334-6/97,3360-12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-1 2/02 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. (3334-6/97,3360-12/97) 3. For wall signs, method of attachment; for freestanding signs, foundation plan, sign support and attachment plan. (3334-6/97) 4. Type and method of electrical insulation devices, where applicable. (3334-6/97) 5. Any design modification from the requirements of this chapter that have been approved shall be noted, and compliance with the planned sign program, limited sign permit, or sign code exception shall be demonstrated. (3334-6/97, 3360-12/97) B. Planned Sign Program. Approval of a planned sign program pursuant to Section 233.20 shall be required prior to application for a sign permit for the following requests: (3334-6/97) 1. A site with five or more non-residential businesses or uses. (3334-6/97,3360-12/97) 2. A site with two or more freestanding identification signs where there is a request for anew freestanding sign. (3334-6/97,3360-12/97) 3. Commercial properties with 1,300 feet or more on one street frontage requesting more freestanding signs than allowed pursuant to Section 233.06. (3360-12/97) 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. (3360-12/97) 5. Service stations. (3334-6/97) 6. Wall signs for second floor businesses with exterior access. (3360-12/97) 7. Wall signs installed on a building wall not adjacent to the business suite. (3360-12/97) C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than 10% in sign height or sign area. Ten(10) working days prior to submittal for a building permit, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: (3527- 2/02) 1. Name of applicant. (3527-2/02) 2. Location of planned development or use, including address. (3527-2/02) 3. Nature of the proposed development shall be fully disclosed in the notice. (3527-2/02) 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3527-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-2 2/02 i I 5. The date by which any comments must be received in writing by the Planning Department. (3527-2/02) 6. Planning Director shall receive entire list including name and address of those receiving the mailing. (3527-2/02) The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 10% in sign height or sign area supergraphics, three-dimensional signs, and relief from the strict application of Section 233.06. The following findings shall be made prior to approval of any sign code exception: (3334-6/97,3360-12/97,3527-2/02)) 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. (3334-6/97,3360-12/97) 2. The sign will not adversely affect other signs in the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) D. Limited Sign Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for illegal signs or signs listed as prohibited in Section 233.10. The Director may approve the face change and extend a sign's use for a time period deemed appropriate, not to exceed two (2) years. A sign permit shall be obtained prior to installation of the new sign panel/face. (3334-6/97,3360-12/97) A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: (3334-6/97) 1. Due to unique circumstances, the sign's immediate removal will result in a substantial hardship for the applicant. (3334-6/97) 2. The sign will not adversely affect other lawfully erected signs in the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 4. The sign will be in keeping with the character of the surrounding area. (3334-6/97) 5. . The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-3 2/02 E. Design Review Board. When authorized by the provisions of this code, the Design Review Board (DRB) shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director, Planning Commission, etc.)on the following items prior to application for a sign permit to the Building Department: (3360-12/97,3527-2/02) 1. Electronic Readerboard Signs. (3360-12/97,3527-2/02) 2. Signs on properties within the following areas: (3360-12/97,3527-2/02) a. Redevelopment project areas; (3360-12/97,3527-2/02) b. Areas subject to specific plans which do not include design guidelines for signs; (3360-12/97,3527-2/02) C. Areas within 500 feet of PS (Public Semipublic) districts; (3360-12/97, 3527-2/02) d. OS-PR (Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and (3360-12/97) e. Areas designated by the City Council. (3360-12/97) F. Temporary Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days, if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. Extensions of the 30 day permit may be granted at the discretion of the Director. The Director may also approve a temporary sign permit for the following temporary signs provided the signs conform with the standards defined in Section 233.06: (3334-6/97,3360-12/97) 0 1. Signs necessary to avoid a dangerous condition, including directional signs during construction. (3360-12/97) 2. Signs pertaining to a use permitted by a temporary use permit. (3360-12/97) 3. Promotional activity non-exempt signs, a maximum of 90 days per calendar year pursuant to Section 233.18. (3360-12/97) 233.06 Permitted Signs All signs shall be governed by the following schedule, except if addressed elsewhere in this chapter. The schedule lists maximum standards for number, area, and height of allowed signs which does not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to building setbacks, visibility of attached signing on the site, and the proposed sign's relationship to the overall appearance of the property, to the surrounding neighborhood, and to community goals. Compatible design, simplicity, sign effectiveness and adherence to the objectives and policies in the Urban Design Element of the General Plan shall be used as guidelines for sign approval. Nothing in this chapter shall preclude public access signage. (3334-6/97,3360-12/97) The Planning Commission may, in addition, from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the community. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-4 2/02 ■ A. COMMERCIAL DISTRICTS 1. FREESTANDING SIGNS ON ADAMS AVE.,BEACH BLVD.,BROOKHURST ST., EDINGER AVE., GOLDENWEST ST.AND WARNER AVE. = MAXIMUM �° - NUMBER OF MAXIMUM MAXIMUM .. LOT FRONT, SIGNS F SIGN HEIGHT: "AGE<' ; . $ GHT SIGN AREA, a. Interior lots with less than One 10 ft. 50 sq.ft. 200 feet of street frontage +5 ft.for Bonus +25 sq.ft.for Bonus b. Interior lots with min.200 feet One 15 ft. 70 sq.ft. but less than 400 feet +5 ft.for Bonus +30 sq.ft.for Bonus c. Comer lots with the greatest One per 7 ft. 30 sq.ft. street frontage less than 400 feet street frontage +3 ft.for Bonus +15 sq.ft.for Bonus d. Interior lots with min.400 feet of One primary(P) 20 ft.(P) 100 sq.ft.(P) frontage AND Corner lots with and two secondary(S) +5 ft.for(P)Bonus +25 sq.ft.(P)Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq.ft.(S) e. Regional Mall Identification Sign One per street frontage 25 ft. 100 sq.ft. One freeway sign 25 ft.above freeway 200 sq.ft. 2. FREESTANDING SIGNS ON ALL OTHER ARTERIALS NOT LISTED ABOVE x, MAXIMUM NiJMBER OF • 1VIAXIMUM MAXIMUM LOT'FRONTAGE SIGNS' SIGN HEIGHT,;. SIGN AREA a. Interior lots with less than One 7 ft. 50 sq.ft. 400 feet of street frontage +1 ft.for Bonus +10 sq.ft.for Bonus b. Corner lots with the greatest One per street 7 ft. 30 sq.ft. street frontage less than 400 feet +1 ft.for Bonus +10 sq.ft.for Bonus C. Interior lots with min.400 feet of One primary(P) 15 ft.(P) 70 sq.ft.(P) frontage AND Corner lots with and two secondary(S) +0.5 ft.for Bonus + 10 ft.for Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq.ft.(S) 1. Bonus signs(B)shall have an opaque background,internal illumination for items of information only. 2. Multi-tenant panels are permitted provided the panels are minimum 10 inches in height,with a minimum 6 inch letter height. They shall be restricted to one uniform background color and two colors for the sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel. 3. Secondary signs(S)are in addition to the Primary(P)sign. Secondary sign copy shall be limited to business identification only. 4. Street addresses shall be included on all freestanding signs with minimum six(6)inch numerals. OTHER LOCATIONAL CRITERIA FOR FREESTANDING COMMERCIAL SIGNS 1. No business shall have more than one freestanding sign facing each frontage. 2. Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a planned sign program. 3. A freestanding sign shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback. 4. Signs shall be located in a landscape planter a minimum of 2 feet wider than the sign itself. Square poles or other architectural treatment shall be required,except if the sign is 8 feet or less in height,it shall be of monument type, with a minimum 2 foot base. Placement shall conform with Diagram A. 5. No freestanding sign shall be located along a local street. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-5 12/97 A. COMMERCIAL DISTRICTS (CONTINUED) 3. WALL SIGNS ,MAXIMUM_� MAXIMUM SITE CRITERIA TYPE „NUMBER SIGN AREA ;,-.,,OTHER STANDARDS Individual Business wall One per street or 1.5 sq. ft per linear 1. Channel letter signs required on all sites Identification parking lot ft.of business consisting of 5 or more uses. frontage for each frontage. separate business 2. Signs over 50 sq.ft.shall have an opaque on the ground Business<50,000 background and internal illumination for floor sq. ft.Max.total= items of information only or shall be of 200 sq.ft.* channel letter design. Signs for second floor businesses Business 50,000+ 3. Multi-business consolidated wall signs with exterior sq. ft.No Max.* shall be permitted provided the signs do access may be not exceed the allowable sign area. permitted by *No sign shall Planned Sign exceed 200 sq.ft. 4. Placement shall conform to Diagram B. Program or 1.5 sq.ft.per linear ft.of the wall 5. One nameplate may be placed at each upon which it is door,loading dock,or other entrance placed. facing a public street;max.6 sq.ft. Channel letter signs: 6. Signs on projecting canopies/awnings 15%bonus after shall be considered wall signs. above calculation. 7. Raceways shall only be permitted when unable to place electrical components within wall/parapet. under One per business 8 sq.ft. I. Canopy signs shall be attached canopy perpendicular to the building face, centered above the store entrance or lease length. 2. Minimum 8 ft.ground clearance. 3. Signs shall not be illuminated, 4. CHANGEABLE COPY SIGNS MAXIMUM MAXIMUM 'MAXIMUM` SITE CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Hotel with Vs One per site 30%of See A.1. To be combined with Convention allowable f/s Freestanding permitted sign. Facility area Signs(a-d)above Live Entertainment Vs One per site 30%of See A.I. To be combined with allowable Vs Freestanding permitted sign. area Signs(a-d)above Tenant Directory f/s One per site 30 sq.ft. 7 ft. Low intensity illumination, oriented toward pedestrians and motorists on site. Min.30 ft. from exterior property lines,and 25 ft.from other freestanding signs. Menu Board Vs or One per drive- 10 sq.ft. 7 ft. May be in addition to wall thru lane permitted sign. Electronic Readerboards (See Sections 233.12 and 233.14 for specifications) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-6 12/97 B. INDUSTRIAL DISTRICTS 1. FREESTANDING SIGNS MA��IMUM s MAXIMUM MAXIMUM `SIGNr SITE CRITERIA NUMBER `SIGN`AREA . ::;:HEIGHT,- OTHER STANDARDS; Industrial/Mixed One business Under 1 acre: 7 ft. 1.Sign copy shall be limited to center or Uses identification 32 sq.ft. single business identification only. No sign per site multi-tenant panels shall be permitted. Industrial centers over I acre: 2.Freestanding signs shall conform to 50 sq.ft. Diagram A,and shall be located in a landscaped planter a minimum of 2 feet wider than the sign itself. 3.All freestanding signs shall have the street address included on the sign. 4.Signs shall be monument type. 5.Internally illuminated signs shall be designed as bonus signs. Mixed Use One per street Under I acre: 10 ft. 1.Multi-tenant panels are permitted Businesses with frontage 32 sq.ft. provided the panels are minimum Frontages on Gothard 10 inches in height with minimum 6 inch Street Industrial centers high letters. They shall be restricted to over I acre: one uniform background color and two 50 sq.ft. colors for the sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. 2.Major tenant identification shall be encouraged by being placed on the largest panel. 3. Signs eight(8)feet or less shall be monument type. 4. Internally illuminated signs shall be designed as bonus signs. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-7 12/97 B. INDUSTRIAL DISTRICTS (CONTINUED) 2. WALL SIGNS MAXIMUM MAXIMUM SIGN 1 SITE CRITERIA': _ NUMBER'.. S ._ IGN"AREA� � ".� HEIGHT; -°^-,� OTHERSTANDARDS All Industrial/ One per street 1 sq.ft.per linear ft. Below roofline 1.One nameplate may be placed at each Mixed Uses or parking lot of building frontage. door,loading dock,or other entrance frontage for facing a public street;max.6 sq.ft. each separate Channel letter signs business receive a 10%bonus 2.Internally illuminated signs shall be after the above designed as bonus signs. calculation. 3.Raceways shall only be permitted Max. 100 sq.ft.per when unable to place electrical business for all wall components within wall/parapet. signs. C. RESIDENTIAL MAXIMUM MAXIMUM SITE MAXIMUM SIGN ,..' r ., CRITERIA TYPE NUMBER, SIGN AREA HEIGHT .' OTHER`STANDA16- Neighborhood f/s I per street 1 sq.ft.per 6 ft. 1.Signs shall be affixed to Identification entrance unit,max.50 perimeter wall or placed within a sq.ft. landscaped planter. OR 2.Sign copy shall be limited to 18 inches in height,name of development only. wall One on each 0.5 sq.ft.per 3.Freestanding signs shall be set side of each unit,max.25 back 20 feet from any interior street entrance sq. ft. property line. Placement shall conform to Diagram A. Vacancy Signs wall One per street 6 sq.ft. Below roofline 1.Copy limited to"vacancy,"type for Multi- frontage of unit available,and source of family information. Developments Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-8 12/97 D. CHURCHES, AND SCHOOLS, AND COMMERCIAL RECREATIONAL USES WITHIN PUBLIC PARKS MAXIMUM SITE MAXIMUM' MAXIMUM SIGN.. CRITERIA TYPE NUMBER' SIGN AREA HEIGHT OTHER STANDARDS Identification f/s One per site 32 sq.ft. 7 ft. 1.Freestanding signs shall be completely located within a AND landscaped planter. wall One per site 1 sq.ft.per Below roofline 2.Signs shall be monument type. linear ft.of bldg.frontage 3.Freestanding signs shall be set Max.32 sq.ft. back 5 ft.from any interior property line. 4.All freestanding signs shall have the address included on the sign. 5.Raceways shall only be permitted when unable to place electrical components within wall/parapet. Changeable Vs One per site 30%of 7 ft. To be combined with permitted COPY allowable sign. Vs area wall One per site 10 sq. ft. May be in addition to permitted sign. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-9 12/97 E. SERVICE STATIONS MAXIMUM SITE.,` 'MAXIMUM = MAXIMUM SIGl�T CRITERIA TYPE NUMBER SIGN'AREA ~HEIGHT OTHER STANDARDS' Business f/s One per site Alternative A: 7 ft. 1.Service stations with convenience Identification 20 sq.ft. if sign markets shall use Alternative A. contains only identification 2.Freestanding signs shall be located and no in a landscaped planter a minimum changeable of 2 feet wider than the sign itself copy panels for pricing. 3.Signs shall be monument type. OR 4.All freestanding signs shall have the address included on the sign. Alternative B: 50 sq. ft. if price information is incorporated on sign. Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site. wall One per street 1 sq.ft.per Below roofline l. Internal illumination or channel frontage linear foot of letters only. and/or building frontage 2. If canopy fascia signs are used for canopy One per street business ID,no wall signs shall be frontage permitted on bldg. 10 sq.ft. 3.Max. letter height for fascia signs shall be 75%of fascia width. 4. If canopy fascia signs are not provided,a logo may be permitted on each side of canopy column connector(spandrel)in addition to wall signs. Fuel Price and f/s One per street 12 sq.ft. 6 ft. 1.Price signs shall advertise fuel Credit frontage in prices only and no other product Information conjunction available. with Alternative A 2.Freestanding signs shall be sign completely located within a landscaped planter. Price signs shall be located a minimum 15 ft.from other freestanding signs. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-10 12/97 E. SERVICE STATIONS (CONTINUED) MAXIMUM:. SITE. MAXIMUM' MAXIMUM SIGN CRITERIA-,. TYPE ,l NUMBER` SIGN AREA HEIGHT.: OTHER STANDARDS Pump attached One per 2 sq.ft. 10 ft. 1.No other signs shall be permitted Instructions or to pump canopy column on the canopy or column except Identification island as specified. column 2.Point of purchase signs shall be prohibited. 3.State or Federal government required signs encompassed within a fuel pump shall not be regulated by this ordinance. F. PERMITTED IN ALL DISTRICTS MAXIMUM SITE ` MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER, SIGN AREA HEIGHT OTHER STANDARDS Building wall One per 3 sq.ft.per Shall be placed 1.Such sign shall be in addition to Identification for building foot of bldg. within top 25 ft. that which is permitted elsewhere Buildings Over frontage height of bldg. in this article. 100 Ft. in Height 2.Raceways shall only be permitted when unable to place electrical components within wall/parapet. Promotional Activity Signs (See Section 233.18 for specifications) Real Estate I.Real estate signs shall be removed immediately after sale or lease, -Residential One per site 8 sq.ft. 6 ft. which shall be defined as the Districts close of escrow. f/s -Commercial One per site 20 sq.ft. 10 ft. 2.Signs shall not be attached to the Office OR perimeter walls of residential Districts communities or create any wall hazards for traffic or pedestrians. -Commercial/ One per site 30 sq.ft. 12 ft. Industrial Districts -Miscellaneous/ One per site 20 sq. ft. 10 ft. All Other Districts MHuntington Beach Zoning and Subdivision Ordinance Chapter 233 233-11 12/97 F. PERMITTED IN ALL DISTRICTS (CONTINUED) MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA . TYPE NUMBER... SIGN AREA HEIGHT",,,: OTHER STANDARDS Open House Vs One Sign 6 sq.ft. 4 ft. 1.Open house signs and flags may Signs and Real be displayed only during daylight Estate Flags Three flags per 2.5 sq. ft. 6 ft. hours and when the property is site available for inspection. 2.Open house signs may only be placed at the immediate points of access to a residential subdivision from an arterial. Placement shall be in the parkway only and not in street medians or dividers. 233.08 Exempt Signs Signs exempt from the sign permit requirements of this chapter include: (3334-6/97) A. Corner stones, including names of buildings, dates of erection, and citations that are made an integral part of the structure. (3334-6/97) B. Credit card, trading stamp, or trade association signs not exceeding 0.5 square feet each. (3334-6/97) C. Governmental flags of any governmental agency not used for commercial promotional purposes. (3334-6/97) D. Neighborhood Watch signs. (3334-6/97) E. Notices posted by a utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice. (3334-6/97) F. Official notices of any court, public body or officer. (3334-6/97) G. Oil operations signs consistent with Title 15 of the Municipal Code. (3334-6/97) H. One construction sign per street frontage with a maximum sign area of 32 square feet located on a construction site during the course of construction. Removal is required prior to issuance of a certificate of occupancy or final inspection, whichever comes first. (3334-6/97) I. One name plate, not over six (6) square feet in area, displaying the name and/or profession of the occupant of the building and/or the address, may be placed at each door, loading dock, or other entrance facing a public street. (3334-6/97) J. On-premise parking and other directional signs, not exceeding one double-faced sign per entrance, not exceeding two (2) square feet in area and four(4) feet in height. Such signs shall not include business identification, product, or logo. (3334- 6/97) 10 Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-12 12/97 K. Open house signs, not to exceed six (6) square feet and four(4) feet in height, may be displayed adjacent to the entrance of a property for sale or rent during daylight hours when the property is open for inspection. (3334-6/97) L. Pennants corresponding to a City sponsored event or theme. The pennants shall be on light standards located on private property, a maximum of 30 square feet per pennant, with a minimum eight (8) foot clearance from the ground. Written text shall be restricted to the name and dates of the event. Pennants shall be removed within five (5) working days upon the completion of the event. (3360-12/97) M. Political campaign signs which do not pose a traffic or safety hazard, are not erected more than 75 days prior to or remain more than 15 days after an election, and have been granted permission of the property owner for display. Political signs shall be prohibited in street medians and dividers. (3334-6/97,3360-12/97) N. Promotional Activity Signs for Vehicle Sales Dealerships provided they comply with the provisions set forth in Section 233.18 G. (3360-12/97) O. Public transit seating signs and public information, directional, and warning signs erected by a public agency. (3334-6/97) P. Real estate signs provided they comply with the provisions set forth in Section 233.06 F. (3360-12/97) Q. Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semi-public use, including telephone booths, vending machines, automated teller machines, and gasoline pumps. (3334-6/97) R. Signs within a building not visible from a public street and window signs not exceeding 20 percent of the visible area of a window (50% during December). No window sign shall be displayed above the second story. (3334-6/97,3360-12/97) S. Signs required by the Americans with Disabilities Act (ADA). (3360-12/97) T. Street address numerals. (3334-6/97) U. No-trespassing signs posted a minimum of 100 feet apart. (3334-6/97) 233.10 Prohibited Signs A. Canvas signs, banners, pennants, streamers, balloons or other temporary signs except as provided in Sections 233.08 (Exempt Signs), 233.16 (Subdivision Directional Signs) or 233.18 (Promotional Activity Signs). (3334-6/97,3360-12/97) B. Mobile, A-frame, and portable signs and those of a similar nature which are not permanently attached to the ground or building except as provided in Sections 233.18 or 233.20. (3334-6/97) C. Roof signs. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-13 12/97 r D. Signs which resemble any official marker erected by the city, state, or any governmental agency, or which, by reason of position, shape, color or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic. (3334-6/97) E. Signs which produce odor, sound, smoke, fire or other such emissions. (3334-6/97) F. Flashing, moving, pulsating, or intermittently lighted signs, mechanical movement signs, including searchlights, except electronic readerboards and public service signs such as those for time and temperature. (3334-6/97) G. Animals or human beings, live or simulated, utilized as signs. (3334-6/97) H. Projecting signs, except canopy or awning signs and under-canopy signs, subject to subsections 233.06(A) and 233.06(E). (3334-6/97,3360-12/97) I. Signs which constitute a nuisance or hazard due to their intensity of light. (3334-6/97) J. Signs visible from and within 100 feet of an R district which are illuminated between the hours of 10:00 PM and 7:00 AM unless they identify an establishment open for business during those hours. (3360-12/97) K. Off-premises signs, including billboards or advertising structures installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is located, except subdivision directional signs and multiple user electronic readerboards. (3334-6/97) L. Abandoned signs and signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the property owner within 60 days of the business' closing date. The sign panel maybe turned over (blank side out) if the sign complies with code. (3334-6/97,3360-12/97) M. Signs on any public property, including signs affixed to utility poles, or projecting onto the public right-of-way, except political signs and those required by law. This section shall not prohibit the placement of advertising panels on public service items including, but not limited to, trash receptacles, bicycle racks, bus benches, transit shelters, and telephone booths,within public rights-of-way or in publicly- operated beaches or parks provided such items are placed in accord with an agreement granted by the City Council. (3334-6/97,3360-12/97) N. Vehicle signs, signs affixed to automobiles, trucks, trailers or other vehicles on public or private property for the basic purpose of advertising, identifying or providing direction to a use or activity not related to the lawful use of the vehicle for delivering merchandise or rendering service. Any such vehicle signs which have as their primary purpose to serve as a non-moving or moving display are prohibited. (3334-6/97) 233.12 Electronic Readerboards Electronic readerboards may be permitted subject to the review by the Design Review Board, and approval of a conditional use permit by the Planning Commission. (3334-6/97,3360-12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-14 12/97 A. Required Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign, the Planning Commission shall make the following findings: (3334-6/97) 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter; (3334-6/97) 2. The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; (3334-6/97) 3. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian traffic; and (3334-6/97) 4. The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial and/or residential neighborhoods. (3334-6/97) B. Readerboard Sign Criteria: (3360-12/97) 1. Electronic readerboards may be freestanding or wall type signs. (3334-6/97) 2. The maximum number of electronic readerboards shall be one per site. (3334-6/97) 3. The maximum sign area shall be 115 square feet; 90 square feet for message center; and 25 feet for other information. (3334-6/97) 4. The maximum height of a freestanding electronic readerboard sign shall be 25 feet. (3334-6/97,3360-12/97) 5. The electronic readerboard shall have cylinders, a shade screen and a photocell for reducing the intensity of lighting at night. (3334-6/97) 6. The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at any property line. (3334-6197) C. Location Requirements: (3334-6/97) 1. Electronic readerboards shall only be allowed on parcels abutting a freeway and on parcels abutting Beach Boulevard, excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway. (3334-6/97) 2. Minimum lot frontage: 200 feet. (3334-6/97) 3. Minimum distance between electronic readerboards: 150 feet. (3334-6/97) 4. Minimum distance to any residence: 150 feet. (3334-6/97) D. Other Standards: (3334-6/97) 1. Where a site has an electronic readerboard,temporary banners,balloons, flags, etc. shall be permitted a maximum of 15 days per calendar year. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-15 12/97 E 2. Hours of operation: 6:30 AM to 10:30 PM. At least 10 percent of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. (3334-6/97) 3. Messages in an electronic readerboard shall be no faster than one message every four seconds, and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted. (3334-6/97) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 5. In addition to the electronic readerboard sign, one monument sign, maximum of seven (7) feet in height and a maximum fifty (50) square feet in sign area, may be permitted and all other signage shall be brought into conformance with this chapter. (3334-6/97) 233.14 Readerboard Signs - Multiple Users Off-site electronic readerboard signs may be permitted subject to the conditional use permit approval by the Planning Commission. Approval of electronic readerboard signs shall be subject to the following: (3334-6/97) A. Required Findings: Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign, the Planning Commission shall make the following findings: (3334-6/97) 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Zoning and Subdivision Ordinance; (3334-6/97,3360-12/97) 2. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicle or pedestrian traffic. (3334-6/97,3360-12/97) B. Multiple User Readerboard Sian Criteria: (3360-12/97) 1. Multiple user electronic readerboard signs may be located at a site which is not the location of any of the parties using the sign for advertising. (3334-6/97) 2. Multiple user electronic readerboard shall be freestanding. (3334-6/97) 3. The maximum sign area shall be twelve hundred (1200) square feet. (3334-6/97) 4. The maximum height of a multiple user readerboard sign shall be eighty-five (85) feet. (3334-6/97) 5. The multiple user readerboard shall have cylinders or directional incandescent lamps and have a shade screen or louver system, a shade screen and a photocell for reducing the intensity of lighting at night. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-16 12/97 C. Lighting Standards: (3334-6/97) 1. The maximum night time light intensity and illuminance shall conform to the following: (3334-6/97) MAXIMUM NIGHT TIME INTENSITY Height from Ground in feet 5 10 20 30 50 70 85 Maximum Intensity x 1000 lumens 125 130 145 170 250 370 490 (3334-6/97,3360- 12/97) MAXIMUM NIGHT TIME ILLUMINANCE Land Use at Receptor Site Residential Commercial Other Maximum Illuminance foot-candles 0.3 2.0 1.0 (3334-6/97) The maximum night time illuminance shall be measured at the receptor site, at ground level,by a direct reading,portable light meter. Measurements shall not be made within one hour after sunset or before sunrise. (3334-6/97) 2. Illuminance shall be determined by the difference between a reading taken with the sign on and another reading taken within three (3)minutes with the sign off. (3334-6/97) 3. An illuminance chart shall be prepared by a licensed engineer and submitted to the Director for approval prior to installation. Conformance with this ordinance shall be verified by actual measurements made, as specified herein, after installation. The method of measurement and results shall be subject to approval of the Director. (3334-6/97) D. Location Requirements: (3334-6/97) 1. A multiple user readerboard shall be located no farther than two hundred (200) feet from a freeway. (3334-6/97) 2. The minimum distance between multiple user readerboards shall be one thousand (1,000) feet. (3334-6/97) 3. The sign shall be a minimum distance of 600 feet from residential properties. (3360-12/97) E. Other Standards: (3334-6/97) 1. No off-site electronic readerboard will be permitted except for multiple users. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter233 233-17 12/97 I I 2. At least twenty percent (20%) of the message time, or any percentage deemed necessary by the City for emergency conditions shall be used for public service announcements. (3334-6/97) 3. Messages in a multiple user sign shall be no faster than one message every four(4) seconds and the minimum interval between messages shall be at least one second. (3334-6/97) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 233.16 Subdivision Directional Signs Subdivision directional signs shall contain only the name of a development, the developer,price information, and directional information for land development projects located within the city. No land development project shall be permitted more than six off-site subdivision directional signs, and approval for such signs shall be subject to the following standards: (3334-6/97) A. Location requirements: (3334-6/97) 1. Signs shall not be located within any public right-of-way or on any property developed with residential uses other than that of the subdivision identified. (3334-6/97) 2. Signs located on the same side of the street shall be a minimum of 600 feet from any other subdivision directional sign except a sign may be permitted on each corner of the intersection of arterial highways. (3334-6/97) 3. Maximum area and height: (3334-6/97) a. 64 square feet in area and 15 feet high provided there is a minimum 50 foot distance from any adjacent developed property. (3334-6/97) b. 32 square feet in area and 8 feet high provided there is a minimum 25 foot distance from any adjacent developed property. (3334-6/97) B. Permit expiration: Permits issued for subdivision directional signs shall expire either one year from the date of issuance or on the date 90 percent of the project's units have all been sold, leased, or rented for the first time, whichever is sooner. Annual renewals may be granted for such time as units still exist for sale; however, no more than one directional sign is allowed after 90 percent of the units are sold, leased or rented. (3334-6/97) C. Street widening: When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency. (3334-6/97) D. Required bond: Prior to the issuance of a building permit, the applicant shall file a cash bond in an amount set by resolution of the City Council. The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within 15 days after the expiration of the permit. If the sign structure is not removed, the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-18 12/97 233.18 Promotional Activity Signs A. Promotional activity signs may be placed on a site subject to the approval of the Director, provided that temporary signs comply with this section, and do not create safety hazards or block signs identifying adjoining establishments. (3334-6/97) B. A temporary sign permit for promotional activity banners,pennant or pennants, unless otherwise specified, shall be valid for a maximum of ninety (90) days in any calendar year and shall not be renewable. (3334-6/97,3360-12/97) C. A promotional activity banner or banners shall not exceed one square foot of banner area for each linear foot of building frontage and in no case shall the total banner area exceed 100 square feet. Pennants shall be limited to a maximum of one square foot for each pennant. (3334-6/97,3360-12/97) D. A temporary sign permit for grand opening promotional activities shall be allowed for ninety (90) days, and the permit is not renewable. A promotional activity banner, as permitted above, shall not be affected by the issuance of a grand opening sign permit during the same calendar year. The size of a grand opening banner shall not exceed the size specified in Section 233.18 C. (3334-6/97,3360-12/97) E. Promotional signs shall not be in a condition of disrepair. Disrepair shall include torn, faded or sagging signs. (3334-6/97) F. Sites with electronic readerboards shall be permitted to have promotional activity signs displayed a maximum of fifteen(15) days per calendar year. (3334-6/97) G. Vehicle sales businesses on Beach Boulevard shall be exempt from these limitations on promotional activity signs provided they comply with the following: (3334-6/97,3360-12/97) 1. Eighteen inch (18") non-metallic helium balloons and large non-metallic inflatables may be displayed on the weekends (Friday 9:00 AM through Sunday 12:00 Midnight), provided they do not project over the public right- of-way. (3334-6/97) 2. Automobile dealerships on Beach Boulevard shall be permitted to display flags, pennants, banners and car-top signs throughout the year. (3334-6/97) H. Vehicle sales businesses on Beach Boulevard shall obtain a temporary sign permit for the use of large displays and inflatables larger than eighteen inches (18") in diameter. The displays and inflatables shall be affixed directly to the ground or roof of a building; the displays and inflatables shall not be elevated up in the air. The displays and inflatables shall be limited to a maximum of twelve (12) weekends per calendar year. (3360-12/97) 233.20 Planned Sign Program A planned sign program shall be submitted to the Director when required by Section 233.04 B. Such program shall be reviewed and approved by the Director prior to issuance of any permit for signs. The purpose of the planned sign program is to encourage coordinated and quality sign design as well as to permit more flexible sign standards for commercial and industrial centers. 13334-6/97,3360-12197,3527-2102) Huntington Beach Zoning and Subdivision Ordinance Chapter233 233-19 2/02 � r The standards of Section 233.06 shall be used as a guide in the design of a planned sign program. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved planned sign program. (3334-6/97,3360-12/97) A. Planned sign program applications shall be submitted to the Planning Division and shall include the following: (3334-6/97) 1. A site plan, drawn to scale, depicting the precise locations of all buildings and signs; (3334-6/97,3360-12/97) 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed; (3334-6197) 3. Written text describing the specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and location. (3360-12/97) 4. A statement of the reasons for any requested modifications to the provisions or standards of this chapter; and (3334-6/97) 5. The name, address, and telephone number of the person or firm responsible for administering the planned sign program. (3334-6/97) B. A planned sign program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter, provided that the total sign area does not exceed the area otherwise permitted by Section 233.06 by more than 10 percent, or by 30% for multiple automobile franchises occupying the same lot, and commercial businesses with 50,000 square feet or more of floor area. In approving a planned sign program, the Director shall find: (3334-6/97,3360-12/97) 1. That the proposed signs are compatible with the style or character of existing improvements on the site and are well related to each other, reflecting a common theme and design style. (3334-6/97) C. The Director may require any reasonable conditions necessary to carry out the intent of the planned sign program. For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the planned sign program shall be submitted and become part of the approval. A cash bond may be required to guarantee their modification or removal. (3334-6/97,3360-12/97) 233.22 Miscellaneous Signs and Provisions A. Signs within the Downtown Specific Plan or any other specific plan area shall comply with any additional requirements outlined within the plan itself and any applicable design guidelines. (3334-6/97) B. Non-commercial murals, non-commercial large graphic designs, and statuary shall be subject to review by the Director for the sole purpose of ensuring that such displays will not pose a hazard to public health, safety or welfare. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-20 12/97 C. No window or contiguous window panes shall be covered by paper or painting signs which exceed 20 percent of the total area of that window at any time. Exception: Windows may be covered up to 50% during the month of December. (3334-6/97,3360-12/97) 233.24 Nonconforming Signs A. Continuation of Use. Any nonconforming on-site sign may be maintained after the effective date of the ordinance codified in this title, provided that the nonconforming Sign is not: (3334-6/97,3360-12/97) 1. Changed to another nonconforming sign; or (3334-6/97) 2. Structurally altered so as to extend its useful life; or (3334-6/97) 3. Expanded or altered as defined in Section 233.28, except that a change of sign panel/face may be permitted provided the items of information on the sign (i.e., business name) remain the same; or (3334-6/97,3360-12/97) 4. Reestablished after discontinuance for ninety (90) days or more; or (3334-6/97,3360-12/97) 5. Reestablished after damage or destruction of more than fifty percent (50%) of the sign value at the time of such damage or destruction. (3334-6/97,3360-12/97) B. Signs replaced or requested to be modified at the owner's initiative shall comply with all current provisions of this chapter unless granted a sign code exception, limited sign permit or planned sign program. (3334-6/97,3360-12/97) 233.26 Code Compliance Signs shall be subject to the provisions of this chapter, the Uniform Building Code and National Electric Code, as adopted by the City. (3334-6/97,3360-12/97) Penalty. No person, firm, corporation or other legal entity shall maintain, place, erect, or permit any sign to be displayed in violation of this chapter. Violations are a misdemeanor and are punishable as provided in Chapter 249 Enforcement of the Huntington Beach Zoning and Subdivision Ordinance. (3360-12/97) 233.28 Definitions The following definitions shall apply to the provisions in this Chapter. General definitions are contained in Chapter 203. (3334-6/97) A. Abandoned Siizn: a sign which no longer directs, advertises or identifies a legal business establishment,product or activity on the premises where such sign is displayed. (3334-6/97) B. Alteration: any change of copy, sign face, color, size, shape, illumination,position, location, construction, or supporting structure of any sign. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-21 12/97 C. Animated Sign: any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. (3334-6/97) D. Area of Sign: (3334-6/97) 1. The area included within the outer dimensions of a sign(excluding structural supports). (3334-6/97,3360-12/97) 2. For freestanding signs, sign area shall be calculated on one (1) face of the sign, provided a sign face on a double-sided sign is not separated from the opposite side of the sign by more than 12 inches at any point. (3334-6/97,3360-12/97) 3. For illuminated awning or canopy signs, sign area shall be calculated around the sign copy only. (3334-6/97,3360-12/97) 4. For signs without a border or frame (channel or skeleton letters), the area shall be within a rectangle or eight (8) continuous straight lines (with right angles) formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign. (3334-6/97,3360-12/97) SIGN AREA SIGN AREA E. Awnin : a shelter supported entirely from the exterior wall of a building and �g Pp Y g composed of non-rigid materials except for the supporting framework. (3334-6/97) F. Awning Sign: a sign painted on, printed on, or attached flat against the surface of an awning. (3334-6/97) G. Banner Sign: a temporary sign composed of fabric or flexible material with no enclosing frame. (3334-6/97) H. Bonus Sign: an internally illuminated freestanding sign designed with opaque sign faces/panels, and illumination for items of information only. (3360-12/97) I. Business Identification Sign: a sign which serves to identify only the name and address of the premises,business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Logos may also be permitted. (3334-6/97) J. Building Frontage: the linear extent of a building or business which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area. (3334-6/97,3360-12/97) K. Canopy: a permanent roof-like structure which extends along and projects beyond the wall of a building, or is freestanding as common in service stations, and is generally designed and constructed to provide protection from the weather. (3334-6/97,3360-12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-22 12/97 I ! L. Changeable Copy Sig : a sign or portion thereof with characters, letters or illustrations that can be changed manually or electrically without altering the face or surface of the sign. (3334-6/97) M. Channel letters: individual letters or figures, illuminated or non-illuminated, affixed to a building or freestanding sign structure. (3334-6/97) N. Construction Sign: a temporary sign identifying the persons, firms or businesses directly connected with a construction or development project and may include the name of the future site occupant. (3334-6/97) O. Directional Sign: an on-premise incidental sign designed to guide or direct pedestrian or vehicular traffic. (3334-6/97) P. Electronic Readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. (3334-6/97) Q. Exposed Neon: neon tubing used for lighting in signs and other building identification such as raceways and accent lighting. (3360-12/97) R. Exposed Raceway: visible tube or box behind a wall sign used to house electrical wiring for the wall sign. (3360-12/97) S. Flashing Sign: an illuminated sign which contains an intermittent or sequential flashing light source or any other such means to attract attention. This definition is not intended to include "changeable copy signs" or "animated signs." (3334-6/97) T. Freestanding Sign: a sign permanently attached to the ground and which does not have a building as its primary structural support. This includes ground signs, pole signs and monument signs. (3334-6/97) U. Grand Opening: a promotional activity not exceeding ninety (90) calendar days used by newly established businesses to inform the public of their location and services. (3334-6/97) V. Ground Sign: see Freestanding Sign. (3334-6/97) W. Illegal Sign: a sign which was erected without the benefit of a permit, that does not meet the requirements of this ordinance, or has not received legal nonconforming status. (3334-6/97,3360-12/97) X. Incidental Sign: a small sign pertaining to goods, products, services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. (3334-6/97) Y. Indirect Illumination: a light cast on the surface of a sign from an exterior source. (3334-6/97) Z. Industrial Center: any site containing three (3) or more industrial activities. (3360- 12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-23 12/97 � I AA. Integrated Development: a development or site comprised of one or more parcels served by common access ways, driveways, parking and landscaping. (3334-6/97) BB. Interior illumination: any sign face which is artificially lit from the inside. (3334-6/97) CC. Item of information: each word, design, symbol, or figure. (3334-6/97) DD. Limited Sign Permit: City approved entitlement allowing the initial modification and maintenance of a nonconforming sign for up to a two (2) year period. (3360- 12/97) EE. Logo: a trademark or company name symbol. (3334-6/97) FF. Marquee: see Canopy. (3334-6/97) GG. Mansard: a sloped roof or roof-like facade. (3334-6/97) HH. Monument Sign: a free standing sign with a solid base. (3334-6/97) Il. Moving Sign: any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement. (3334-6/97) JJ. Name Plate Sign: an attached sign which designates the names and/or address of a business, and/or the words "entrance" or "exit." (3334-6/97) KK. _Nonconforming Sign: a sign which was erected legally but does not comply with current sign provisions. (3334-6/97,3360-12/97) LL. Off-Site Sign: any sign which advertises goods, products, services or facilities not sold, produced, manufactured or furnished on the premises on which the sign is located. These signs are also known as outdoor advertising, billboards, and poster panels. (3334-6/97), MM. On-Site Sign: a sign which pertains to the use(s) of the site on which it is located. (3334-6/97) NN. Open House Sign: a sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. (3334-6/97) 00. Planned Sign Program: City approved entitlement which incorporates coordinated and quality sign design elements. (3360-12/97) PP. Point of Purchase Display: advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. (3334-6/97) QQ. Pole Sign: see Freestanding Sign. (3334-6/97) RR. Political Sign: a sign identifying either a candidate for public office or an issue relating to a forthcoming election. (3334-6/97) SS. Portable Sign: any sign not permanently attached to the ground or a building. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter233 233-24 12/97 TT. Projecting Sign: a sign which is attached to and projects from the wall of the building more than 18 inches and which has its display surface perpendicular to such wall, to the structure to which it is attached. (3334-6/97) UU. Promotional Activity Sign: a temporary sign used to advertise a short term special activity or sale, i.e., grand opening, under new ownership, fall sale, etc. (3334-6/97) W. Public Access Si nape: signage that directs the general public to the coast or sea and/or public amenities available for general public use. (3360-12/97) WW. Public Service Information Sign: any sign intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news or traffic control, etc. (3334-6/97) XX. Real Estate Sian: any temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. (3334-6/97) YY. Roof Sign: an attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. (3334-6/97) ZZ. Rotating Sign: any sign or portion thereof which physically revolves about an axis. (3334-6/97) AAA. Sign: any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention. (3334-6/97) BBB. Sign Height: measurement from the adjacent sidewalk or curb to the highest portion of the sign, including architectural elements. (3360-12/97) CCC. Sign Code Exception: City approved entitlement granting a deviation to the specifications set forth in this chapter. (3360-12/97) DDD. Sign Copy: any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign for the purpose of attracting attention. (3334-6/97) EEE. Site: one or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. (3334-6/97) FFF. Site Frontage: the length of a lot or parcel of land along or fronting a street. (3334-6/97,3360-12/97) GGG. Special Events Sign: a temporary sign advertising or pertaining to any civic, patriotic, or special event of a general public interest taking place within the city. (3334-6/97) HHH. Subdivision Directional Sign: a sign providing direction to a land development project pursuant to this chapter. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-25 12/97 III. S pergraphic: a painted design which covers an area greater than ten percent of a wall, building facade, or other structure. (3334-6/97) Mi. Temporary Sign: a sign which is installed for a limited time and is not constructed or intended for long-term use. (3334-6/97) KKK. Temporary Window Sign: a sign painted or constructed of paper or other lightweight material and affixed to the interior or exterior side of a window or glass area on a building for a limited time. (3334-6/97) LLL. Wall Sign: any sign which is attached or erected on the exterior,posted, or painted or suspended from or otherwise affixed to a wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than eighteen (1S) inches from the building, or project above the height of the wall or parapet. (3334-6/97) MMM. Window Sign: a sign in which the name, address, phone number, or hours of operation are applied directly to the window of a business, or a sign visible through the window from the street. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-26 12/97 To remain clear /7— x 10� 25' •...........• •...e.......• ' .............. ............... �ii.,.,e iiie.,iiiii• .,eim ii.�i,seees.eee C, 25' a Min. Driveway c \ 10' o I wide landscape area t CL IL` Sign Type Setback Pole 40' DIAGRAM A xMonument Subject to Director review G:1DN9DRAW 1233-DIAA.BM P �.--X J a i..X� I i i I i I I I I y I I i SIGN'AREA-1;1:41A i lb I I I 1 I I I I I y 1 I I I a 70% Le sehold -Max.Width DIAGRAM B b 75% Fascia - Max. Height x Equal Dimensions y Equal Dimensions G:I D M D R AW 1233-D I AB.B M P Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-27 12/97 • Chapter 2 Stuu6NonfoiUe an3 m res (3254-10/94,3378-2/98,3528A-2/02) Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions A. A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases, the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this code. (3254-10/94) B. A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. (3254-10/94) C. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six (6) months. (3254-10/94) D. A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot, shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming. (3254-10/94) E. A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming. (3254-10/94) 236.04 Destruction of a Nonconforming Structure or Use These provisions shall govern reconstruction of the nonconforming structures and/or uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified. (3254-10/94) A. Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt. (3254-10194) B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-1 2/02 C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50% of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. (3254-10/94) 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. (3254-10/94) B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: (3254-10/94) 1. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or (3254-10/94) 2. The Zoning Administrator permits such alteration subject to approval of a conditional use permit with the following findings: (3254-10/94,3528A-2/02) a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. (3254-10/94) b. That the alteration or addition will not increase the number of stories. (3254-10/94) C. That the alterations will not cause the floor area to exceed more than ten(10%)percent of the floor area the structure contained at the time the use became nonconforming. (3254-10/94) C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. (3254-10/94) D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to approval of a conditional use permit by the Zoning Administrator. (3254-10/94) E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50%of the area of the structure as it exists on the effective date of this ordinance. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-2 2/02 236.08 Sex Oriented Businesses A. Any sex oriented business lawfully operating on the effective date of the Ordinance No. 3378 that is in violation of Section 212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of three years with possible one year extensions (maximum extensions of five (5) years) to be granted by the Planning Commission only upon a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sex oriented businesses are within 750 feet of one another and otherwise in a permissible location, the sex oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming. (3378- 2/98) B. A sex oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex oriented business zoning permit, of a building used for religious assembly, school, park and recreational facility or any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan within five hundred feet (500') of the sex oriented business. (3378-2/98) C. Any application for a building permit to operate a sex oriented business in a location that is in violation of Section 212.04 that is filed prior to,but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to Section A. Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378. (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-3 2/98 Chapter 241 Conditional Use Permitsrand Variances; Temporary.Use Permits; Waiver of DevelopnlenfStandards (3334-6/97,3410-3/99,3528E-2/02) Sections: 241.02 Procedures Established 241.04 Authority of Planning Commission and Zoning Administrator 241.06 Initiation 241.08 Notice and Public Hearing 241.10 Required Findings 241.12 Conditions of Approval 241.14 Effective Date; Appeals 241.16 Time Limit; Transferability; Discontinuance; Revocation 241.18 Changed Plans; New Application 241.20 Temporary Use Permits 241.22 Waiver of Development Standards 241.02 Procedures Established This chapter establishes procedures for approval, conditional approval, or disapproval of applications for conditional use permits, and variances, temporary use permits, and waivers of development standards. A. Conditional use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. B. Variances may be granted to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, off-street parking and off-street loading, and performance standards. C. Temporary use permits may be granted for temporary use classifications and for other uses of a temporary nature. D. Waivers of certain development standards may be granted to improve project design, subject to limitations. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-1 2/02 � r 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding ten percent deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements. (3334-6/97, 3410-3/99) 241.06 Initiation Applications for conditional use permits and variances shall be initiated by submitting an application and necessary accompanying data as prescribed by the Director and the required fee. 241.08 Notice and Public Hearing A. Public Hearin; and Notice Required. The Planning Commission or Zoning Administrator shall hold a duly-noticed public hearing on an application for a conditional use permit or variance consistent with the requirements of Chapter 248. B. Multiple Applications. When applications for multiple conditional use permits or variances on a single site are filed at the same time, the Director may schedule a combined public hearing. 241.10 Required Findings An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or Zoning Administrator finds that: A. For All Conditional Use Permits. 1. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood; 2. The granting of the conditional use permit will not adversely affect the General Plan; 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. 0 Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 3/99 B. For Variances. 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape,topography, location or surroundings,the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. C. Mandatory Denial. Failure to make all the required findings under(A) or(B) shall require denial of the application. 241.12 Conditions of Approval In approving a conditional use permit or variance, conditions may be imposed as necessary to: A. To make it consistent with the General Plan; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. 241.14 Effective Date; Appeals A conditional use permit or variance shall become effective ten days after action by the Planning Commission or Zoning Administrator, unless appealed in accord with Chapter 248. 241.16 Time Limit; Transferability,Discontinuance; Revocation A. Time Limit. A conditional use permit or variance shall become null and void one year after its date of approval or at an alternative time specified as a condition of approval after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued,whichever comes first; or 2. The use is established; or 3. The conditional use permit or variance is extended. Huntington Beach Zoning and Subdivision Ordinance Chapter241 241-3 5/97 B. Transferability. The validity of a conditional use permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Director for a transfer. No notice or public hearing on a transfer shall be required. C. Discontinuance. A conditional use permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. D. Revocation. A conditional use permit that is exercised in violation of a condition of approval or a provision of this ordinance may be revoked, as provided in Section 249.06. E. Extension of Time. A conditional use permit or variance may be extended by the Director for a one year period without notice or public hearing, if the findings required by Section 241.10 remain valid. 241.18 Changed Plans; New Application A. Changed Plans. A request for changes in conditions of approval of a conditional use permit or variance, or a change to development plans that would affect a condition of approval shall be treated as a new application. A request for changes to plans which will not affect a condition of approval may be approved by the Director if the change is not substantial, use of property remains the same, the revision results in an improved development, and the density remains the same. Notice of the Director's approval shall be posted and distributed to the Planning Commission and the City Council within 48 hours of such decision. B. New Application. If an application for a conditional use permit or variance is disapproved, no new application for the same, or substantially the same, conditional use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. 241.20 Temporary Use Permits A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 204 and as listed in the land-use controls for the base districts in which the use will be located, and use of manufactured homes for temporary construction offices, shall be subject to the following provisions: A. Application and Fee. A completed application form and the required fee shall be submitted to the Director. The Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. B. Director. The Director shall act on temporary uses held for three or fewer consecutive days that do not include live entertainment. The Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for 3 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. (352EB-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-4 2/02 C. Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held for more than three days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions, or deny a complete application within a reasonable time. (3528B- 2/02) D. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: (3528B-2/02) 1. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan, and if located within the coastal zone, consistent with the policies of the Local Coastal Program, and the provisions of this chapter; and (3334-6/97) 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. E. Conditions of Approval. In approving a temporary use permit, the Director or the Zoning Administrator may impose reasonable conditions necessary to: (3528B-2/02) 1. To be consistent with the General Plan and in the coastal zone to be consistent with the Local Coastal Program; (3334-6/97) 2. Protect the public health, safety, and general welfare; or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. F. Bond for Temporary Uses. A $500 cash bond shall be required to guarantee removal of any structure, clean up of site upon termination of the temporary use, and to guarantee maintenance of the property. A $1,000 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with all provisions of Titles 17 and 20 through 25. (3528B-2/02) G. Effective Date; Duration; Appeals. An approved temporary (conditional)use permit shall be effective 10 days after the date of its approval, unless appealed in accord with Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within 48 hours. The Zoning Administrator may approve changes in a temporary use permit. (3528B-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-5 2/02 241.22 Waiver of Development Standards A. Standards Which Can be Waived. The Director may waive development standards for setbacks, open space, separation between buildings,height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he finds that such a waiver improves project design and does not exceed 10 percent deviation. No other standards shall be subject to this waiver provision. (3528B-2/02) B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to height or density. Also,projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, coastal development permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-6 2/02 Chapter 244 :Design Review (3529-2/02) Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.02 Applicability Design review is required for projects in redevelopment areas, areas subject to specific plans, areas designated by the City Council, projects abutting or adjoining PS districts and sign code exceptions pursuant to Section 233.04. (3529-2/02) 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director, Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appointed by and responsible to the City Council. The membership shall consist of the following: 1. Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 2. One (1) current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. The Director of his/her designee. 4. The Public Works Director or his/her designee. Huntington Beach Zoning and Subdivision Ordinance Chapter 244 244-1 2/02 � r B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be our (4)years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors and appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs, and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval, and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. 244.06 Scope of Review A. In making its determination,the Board shall review and consider 1. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping, parking spaces, driveways, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development; and Huntington Beach Zoning and Subdivision Ordinance Chapter 244 244-2 10/94 6. Whether energy conservation measures have been proposed and the adequacy of such measures, including, but not limited to, the use of active and passive solar energy systems. B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan. 244.08 Required Plans and Materials Plans and materials to fully describe and explain the proposed development shall be submitted as required by the application form or by the Director, as deemed necessary. Huntington Beach Zoning and Subdivision Ordinance Chapter 244 244-3 10/94 Chapter 256 General Provisions x, ' (3334-6/97,3530-2/02) Sections: 250.02 Citation and Authority 250.04 Consistency 250.06 Applicability 250.08 Exceptions 250.10 Definitions 250.12 Responsibilities 250.14 Map Requirements 250.16 Fees and Deposits 250.02 Citation and Authority This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach. 250.04 Consistency No land shall be subdivided and developed for any purpose that is inconsistent with the Huntington Beach General Plan,the Local Coastal Program for development within the coastal zone, or any applicable specific plan of the City or that is not permitted by Titles 20- 24,Zoning, or other applicable provisions of this Code. (3334-6/97) The type and intensity of land use as shown on the General Plan, and Local Coastal Program for land within the coastal zone, and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this Title, the type of streets, roads, highways, utilities, and other public services that the subdivider shall provide. (3334-6/97) 250.06 Applicability The provisions set forth in this Title shall apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof lying within the City shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this chapter. All subdivisions and lot line adjustments located within the coastal zone that meet the definition of development as defined in Section 245.04(J) shall require approval of a coastal development permit. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-1 2/02 1 1 250.08 Exceptions This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d) of the Subdivision Map Act, a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created,provided that, the lot line adjustment is approved pursuant to Section 250.16B. 250.10 Definitions For the purposes of this Title, unless otherwise apparent from the context, certain words and phrases used in this Title are defined in this section as set forth below. All definitions provided in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this Title and said definitions are hereby incorporated by this reference as though fully set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way. Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously,or where a legal subdivision has declared such parcel as acreage. Block. The area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this Title. City Engineer. The City Engineer of the City of Huntington Beach. Collector Street. A street, intermediate in importance between a local street and an arterial highway, which has the purpose of collecting local traffic and carrying it to an arterial highway. Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. Cul-de-Sac. A local street, one end of which is closed and consisting of a circular turnaround. Day. A calendar day unless otherwise specified. Department. The Community Development Department of the City of Huntington Beach. Department of Public Works. The Department of Public Works of the City of Huntington Beach. 1 Director. The Director of the Community Development Department of the City of Huntington Beach. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-2 6/97 I Easement. A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party. Final Map. A map showing a subdivision of five or more parcels, prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or lesser number of parcels than originally existed is not created. Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel. Parcel. A unit or portion of a unit of improved or unimproved land. Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with the provisions of the Subdivision.Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Parkway. That area between the curb face and abutting property line. Person. Any individual, firm, co-partnership,joint venture, organization, corporation, estate, trust, receiver, syndicate, this City, and any other public agency. Private Street. Any street or accessway which is privately held, maintained and utilized as access to a development. Remainder. That portion of an existing parcel which is not divided for the purpose of sale, lease, or financing nor part of the subdivision. Scenic Easement. An easement dedicated to the City that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development. Service Road. A street adjacent to and providing access to an arterial highway. Standard Plans. Plans and engineering drawings for public improvements as adopted by the Department of Public Works. Standard Engineering Specifications. Specifications for public improvements adopted by the Department of Public Works. Subdivision Committee. The Subdivision Committee of the City of Huntington Beach. Subdivision Map Act. The provisions of Division 2, Subdivisions of the California Government Code, relating to subdivisions of land and real property commencing with Section 66410. Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it precedent to the approval of a final map. Tentative map shall include a tentative parcel map,prepared pursuant to the provisions of this Title. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-3 6/97 Usable Parcel Area. That portion of a.parcel which does not exceed a slope of 10 percent. Any portion of the parcel exceeding 10 percent shall, for the purpose of this Title,be considered slope and not usable parce'.. area. Vesting Tentative Map. A tentative map for a residential subdivision that has, printed conspicuously on its face, the words "vesting tentative map" at the time it is filed with the City, and is processed in accordance with the provisions of Chapter 252 of this Title. (3334- 6/97) 250.12 Responsibilities A. City Attorney. The City Attorney's responsibilities shall include approving as to form all subdivision improvement agreements; covenants, codes, and restrictions; security, liability agreements and insurance; and all governing documents for a community apartment project, condominium, stock cooperative, or conversion. B. City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the City of land and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels. The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission. C. Planning Commission. The Planning Commission's responsibilities shall include approving, conditionally approving, or denying the application for tentative map approval of subdivisions of ten or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of 9 or fewer parcels. D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval, conditional approval or denial of tentative map approval of subdivisions of nine or less parcels, tentative parcel maps and waivers of parcel map requirements, lot line adjustments, mergers and certificates of compliance. E. City Engineer. The City Engineer's responsibilities shall include: 1. Establishing design and construction details, standards and specifications. 2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this Title. 3. The processing and certification of final maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans. 4. Examining and certifying that final maps are in substantial compliance with the approved tentative map. i 5. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-4 6197 I 1 6. The inspection and approval of subdivision public improvements. 7. The acceptance of dedications and public improvements for subdivisions by parcel map, and off-site dedications lying outside a subdivision boundary which require a separate grant deed. 8. Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees. F. Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments. 1. Determinations of violations of the provisions of the Subdivision Map Act or this Title. 2. The management of the Planning Division in carrying out the responsibilities imposed upon it by this Title. When necessary to carry out the Director's responsibilities hereunder, the Director may designate and authorize a representative to act on his or her behalf. 3. Collection of park and recreation fees and fees associated with tentative maps. G. Subdivision Committee. The Subdivision Committee's responsibilities shall include examining and determining that tentative and vesting tentative maps comply with the provisions of the Subdivision Map Act, this Title, the Local Coastal Program for maps located within the coastal zone, and the City's General Plan, and recommending approval, disapproval, or conditional approval of tentative or vesting tentative maps to the Planning Commission or Zoning Administrator. The Subdivision Committee shall consist of the following members or their authorized representatives: 1. The Director who shall serve as chairperson and secretary; 2. The City Engineer; 3. The Fire Chief; and 4. Three members of the Planning Commission. Representatives from other departments shall attend meetings when requested to do so by the Subdivision Committee. H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over coastal development permits approved for all subdivisions and lot line adjustments located within the appealable area of the coastal zone that constitute development as defined in Section 245.04(J). (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-5 6/97 250.14 Map Requirements A. Tentative and Final Man_ A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: 1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days'notice in writing. 2. Land conveyed to or from a governmental agency,public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument. 3. Lot line adjustments,provided: a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code; C. The lot line adjustment shall not sever any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and (3530-2/02) f. A plat map showing the lot line adjustment is prepared, approved, and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act, the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-6 2/02 250.16 Fees and Deposits All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this Title and by the City Council resolution establishing applicable fees and charges. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-7 6197 Chapter 257 Mergers h (3531-2/02) Sections: 257.02 Mergers Required 257.04 Notice of Intention to Determine Status 257.06 Hearing on Determination of Status 257.08 Determination of Merger 257.10 Appeals 257.12 Determination when No Hearing Is Requested 257.14 Request to Merge by Property Owner 257.16 Request for Determination by Owner 257.18 Unmerged Lots 257.02 Mergers Required Two or more contiguous parcels held by the same owner shall be merged if one of the parcels does not conform to the minimum lot size required by Titles 20-24 (Zoning) of this Code, and if all the following requirements are satisfied: A. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel. B. With respect to any affected parcel, one or more of the following conditions exists: 1. Comprises less than 5,000 square feet in area at the time of the determination of merger; 2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; 3. Does not meet current standards for sewage disposal and domestic water supply; 4. Does not meet slope stability standards; 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; 6. Will create health or safety hazards if developed; or 7. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. Huntington Beach Zoning and Subdivision Ordinance Chapter 257 257-1 2/02 i C. For purposes of determining whether contiguous parcels are held by the same owner, , ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this chapter. r._ D, Subsec ILIoii.(B)-shail,riot•:apply if any of the conditions stated in Section 6645 1,11(b)(A) ;(B), (^), (D) or(E) of the Subdivision Map Act exist. 257.04 Notice of Inient➢ors to Determine Status Prior to recording a Notice of Merger, the Director shall mail,by certified mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pin-suarill, ro this chapter and that, within 30 days from the date the Notice of Intention was recorded, the owner may request a hearing before the Director to present evidence that the prupf-. i:y do s rot meet the criteria for merger. The Notice of Intention to Determine Status shall'e filed -'(jr record with the County Recorder by the Director on the same day that the notice is mailed io Tie property owner. (3531-2/02) 257.06 Hearing on Determination of Status The owner of the affected property may file a written request for a hearing with the Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, the Director shall set a time, date and place for a hearing before the Director and notify the owner by certified mail. The hearing shall be conducted within 60 days following the receipt ofthe owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. (3531-2/02) At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. At the conclusion of the hearing, the Director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the Director within five days of the date of the hearing. (3531-2/02) 257.08 Determination of Merger If the Director makes a determinaii on chat the;parcels are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 30 days of the conclusion of the hearing, unless the decis.ioc!has been wpptealo pursuant to Section 257.10. The Notice of Merger shall specify the name of i e��ecerd owic e a__d a description of the property. (3531-2/02) If the Director makes a determination that the parcels srall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Planning a�`Ier the Direu'o-1`s d't:,fnninati::n and a clearance letter shall be mailed to Department within 30 �Ta the owner by the D mc:(:ur. ('35-31-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 257 257-•2 2/02 257.10 Appeals The determination of the Director may be appealed to the Planning Commission in accordance with Chapter 248,provided that the appeal shall be filed within l 0 eaiendaf days:of the date of mailing of the Notice of Determination and the Planning Commission shall`hear the appeal within 60 days from the date of appeal. If, after this hearing, the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director shall, within 30 days after the'Planning Commission determination, file with the Ceunty Recorder a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner. (3531-2/02) 257.12 Determination When No Hearing Is Requested If the owner does not file a request for a hearing within 30 days after the recording of the Notice of Intention to Determine Status, the Director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 90 days after the mailing of the Notice of Intention to Determine Status pursuant to Section 257.04. (3531-2/02) 257.14 Request to Merge by Property Owner If the merger of contiguous parcels is initiated by the property owner, the owner may waive the right to a hearing before the Zoning Administrator and to all notices required by this chapter. Upon signing the waiver, the Director shall simultaneously file for record with the County Recorder a Notice of Intention to Determine Status, a waiver of right of hearing and notice, and a Notice of Merger. The owner may apply for merger pursuant to Chapter 256. When two or more contiguous parcels are developed and used as one residential site, the property owner shall at the time of remodel or expansion initiate a merger request. The Director may approve the merger and cause to be recorded a Covenant to Hold as One Parcel provided no public improvements or dedications are required. 257.16 Request for Determination by Owner Upon written application made by the owner to the Director, the Director shall make a determination that the affected parcels have merged or are to be merged. If the Director determines that the parcels have not merged, the owner shall be so notified by the Director. If the Director determines that the parcels were merged but that they meet the conditions for unmerger in Section 257.18, a Notice of Status shall be issued to the owner and filed for record with the County Recorder by the Director. The Notice of Status shall identify each parcel and declare that they are unmerged pursuant to this chapter. If the Director determines that the parcels were merged but do not meet the conditions for unmerger in Section 257.18, a Notice of Merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director. The owner may appeal the decision of the Director to the Planning Commission in accordance with Chapter 248, provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal. (3531-2/02) t Huntington Beach Zoning and Subdivision Ordinance Chapter 257 257-3 2/02 257.18 Unmerged Lots Any parcds.th t�,vg � t �� « A / t}s�: n� i riy.l.w pri,r to Tanuary 1, 1984, but for which a Notice:ofMyrver. wn ,�����oza��=�de�l`�rbe'fore.3anuary1, 1.986, shall remain unmerged until such time; as".the' parcels.t a le been lawfully merged by subsequent proceedings initiated by the City that mee*the requirements of this chapter. Huntington Beach Zoning and subdivtsion,'Ordinance Chapter 257 257-y� 6/97