HomeMy WebLinkAboutApprove Local Coastal Program Amendment (LCPA) No. 15-001 by Dept ID PL 16-004 Page 1 of 3
Meeting Date 5/2/2016
\\ CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
f
MEETING DATE: 5/2/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Community Development
SUBJECT: Approve Local Coastal Program Amendment (LCPA) No 15-001 by adopting
Resolution No 2016-16 and requesting certification by the California Coastal
Commission
Statement of Issue
Local Coastal Program Amendment (LCPA) No 15-001, forwards seven zoning text amendments
and one zoning map amendment that were previously approved by the City Council to,the California
Coastal Commission LCPA No 15-001 constitutes a minor amendment to the City of Huntington
Beach Certified Local Coastal Program Public hearings were previously held for each of the
amendments, thus, approval of the resolution is an administrative item that does not require a public
hearing
Financial Impact
Not applicable
Recommended Action
Approve Local Coastal Program Amendment No 15-001 by adopting City Council Resolution No
2016-16, "A Resolution of the City Council of the City of Huntington Beach, State of California,
Adopting Local Coastal Program Amendment No 15-001 and Requesting its Certification by the
California Coastal Commission "
Alternative Action(s)
The City Council may make the following alternative motion(s) on Local Coastal Program
Amendment No 15-001
1) Deny Local Coastal Program Amendment No 15-001
2) Continue Local Coastal Program Amendment No 15-001 and direct staff accordingly
Analysis
A PROJECT PROPOSAL
Applicant City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location Coastal Zone
Local Coastal Program Amendment No 15-001 represents a request to approve a resolution to
forward to the California Coastal Commission seven zoning text amendments and one zoning map
HB -54]- Item 15. - 1
Dept ID PL 16-004 Page 2 of 3
Meeting Date 5/2/2016
amendment approved by the City Council over the last five years The specific amendments are
listed below and generally described in Attachment No 2
No Ordinance/Resolution No. Entitlement No. Description City Council
Approval Date
1 Ordinance No 4058 ZTA No 15-004 Medical Marijuana 5/4/2015
2 Ordinance No 4047 ZTA No 15-001 Signs 3/16/2015
3 Ordinance No 4069 ZTA No 14-002 Data Collection Units 9/8/2015
4 Ordinance No 4019, ZTA No 13-002 & Senior Mobile Home Park 3/17/2014
Ordinance No 4020, & ZMA No 13-002 Overlay District
Ordinance No 4021
5 Ordinance No 3960 & ZTA No 12-002 Dedications & Reservations 10/1/2012
Ordinance No 3961 (Development Impact Fees)
6 Ordinance No 4037, ZTA No 12-001 ZSO Maintenance 10/20/2014
Ordinance No 4038,
Ordinance No 4039, &
Ordinance No 4040
7 Ordinance No 3934 ZTA No 09-002 Wireless Communication 3/5/2012
Facilities
B BACKGROUND
The City's Local Coastal Program consists of two parts the Coastal Element and the Implementing
Ordinances The Implementing Ordinances include the Zoning and Subdivision Ordinance and
specific plans that encompass coastal zone property and that have been certified by the California
Coastal Commission (Downtown Specific Plan, Holly Seacliff Specific Plan, Seacliff Specific Plan,
Palm and Goldenwest Specific Plan, Magnolia Pacific Specific Plan, and Huntington Harbour Bay
Club Specific Plan) Any changes to the Implementing Ordinances must be forwarded to the
Coastal Commission as a Local Coastal Program Amendment (LCPA)
C STAFF ANALYSIS AND RECOMMENDATION
This LCPA represents a minor amendment to the City's Local Coastal Program All of the
amendments have been approved by the City Council with public hearings and no coastal related
issues were brought forward Staff has grouped these amendments as one LCPA to minimize staff
and administrative time because they are minor from the Coastal Commission's perspective It
should be noted that the ZMA does not include property within the Coastal Zone, but does include
property located on a zoning district map that is part of the Implementing Ordinances Thus, it must
be forwarded to the Coastal Commission, but only as a minor amendment
Staff recommends that the City Council approve Local Coastal Program Amendment No 15-001
because it will update the City's Local Coastal Program by incorporating previously approved
entitlements and will constitute a minor amendment to the City's Local Coastal Program
Environmental Status
All of the entitlements have been analyzed per the California Environmental Quality Act The
subject resolution to forward these amendments to the Coastal Commission does not require
additional environmental review
Item 15. - 2 HB -542-
Dept ID PL 16-004 Page 3 of 3
Meeting Date 5/2/2016
Strategic Plan Goal
Non-Applicable —Administrative Item
Attachment(s)
1 Resolution No 2016-16, "A Resolution of the City Council of the City of Huntington Beach,
State of California, Adopting Local Coastal Program Amendment No 15-001 and
Requesting its Certification by the California Coastal Commission," (including Exhibits A-G)
2 Summary of Subject Entitlements
SH JV:nb
HB -543- Item 15. - 3
ATTACHMENT # 1
RESOLUTION NO 2016-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, STATE OF CALIFORNIA, ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO 15-001 AND REQUESTING ITS CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION
WHEREAS, after notice duly given pursuant to Government Code Section 65090 and
Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of
Huntington Beach held public hearings to consider the adoption of the Ordinances included in
Huntington Beach Local Coastal Program Amendment No. 15-001, and such amendment was
recommended to the City Council for adoption; and
The City Council, after giving notice as prescribed by law, held at least one public
meeting on the Ordinances included in the proposed Huntington Beach Local Coastal Program
Amendment No 15-001, and the City Council finds that the proposed amendment is consistent
with the Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan
and Chapter 6 of the California Coastal Act
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows-
SECTION 1 That the Huntington Beach Local Coastal Program Amendment No 15-
001 is hereby approved, consisting of certain Ordinances pertaining to seven Zoning Text
Amendments (ZTA) and one Zoning Map Amendment (ZMA) as listed below
Exhibit Ordinance Subiect Description
A No 4058 ZTA No. 15-004 Medical Marijuana
B No 4047 ZTA No 15-001 Signs
C No 4069 ZTA No 14-002 Data Collection Units
D No 4019,No 4020, ZTA No 13-002 & Senioi Mobile Home Paik Ovei lay Distiict
&No 4021 ZMA No 13-002
E No 3960 & ZTA No 12-002 Dedications &Reservations (Development
No 3961 Impact Fees)
16-5151/134336 1
RESOLUTION NO 2016-16
F No 4037,No 4038, ZTA No 12-001 ZSO Maintenance
No 4039 &No 4040
G No 3934 ZTA No 09-002 Wireless Communication Facilities
Copies of the aforesaid Oidinances aie attached hereto as Exhibits A through G, respectively,
and aie incorporated by this reference as though fully set forth herein
SECTION 2 That the California Coastal Commission is hereby requested to consider,
approve and certify Huntington Beach Local Coastal Progiam Amendment No 15-001
SECTION 3 That pursuant to Section 13551(b) of the Coastal Commission
Regulations, Huntington Beach Local Coastal Progiam Amendment No 15-001 will take effect
automatically upon Coastal Commission approval, as provided in Public Resources Code
Sections 30512, 30513, and 30519
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
iegulai meeting held on the 2nd day of May 52016
May
ATTEST APPROVED TO FORM.
Ci Clerk ' y Attoiney
REVIE APPROVED INITI D AND APPROVED
City Vanheil Community Development Director
EXHIBITS A—G
16-51511114336
ORDINANCE NO. 4058
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING SECTION 204 18 TO CHAPTER 204 OF THE
ZONING AND SUBDIVISION ORDINANCE TITLED
USE CLASSIFICATIONS
(ZONING TEXT AMENDMENT NO 15-004)
WHEREAS, pursuant to the California State Planning and Zoning Law,the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No 15-004, which amends Chapter
204 of the Huntington Beach Zoning and Subdivision Ordinance relating to use classifications,
and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows
SECTION 1 Section 204 18 of the Zoning and Subdivision Ordinance is hereby added
to read as follows.
204 18 Prohibited Uses.
A Purpose In order to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc are prohibited in the City of Huntington Beach,the City is
adding this express prohibition to the Zoning and Subdivision Ordinance
B Definitions For purposes of this section,the following term is defined
1 Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op,
residence, or similar facility used, in full or in part, as a place at or in
which marijuana is sold, traded, exchanged, bartered for in any way, made
available, located, stored, displayed, placed or cultivated, including any of
the foregoing if used in connection with the distribution of marijuana
154665/118986 doc I
Item 15. - 6 HB -546-
Ordinance No . 405 8
C Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A
Medical Marijuana Business, Collective, Cooperative or Dispensary or any other
such business, no matter how so named, is not a permitted use in any zoning
district or specific plan in the City It shall be unlawful for any person o1 entity to
own, manage, establish, conduct or operate a Medical Marijuana Business,
Collective, Cooperative or Dispensary Also, it shall be unlawful for any person
to permit to be established, conducted, operated, owned or managed as a landlord,
owner, employee, contractor, agent or volunteer, or in any other manner or
capacity, any medical marijuana business, collective, cooperative or dispensary in
the City
SECTION 2 This ordinance shall become effective 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18thday of May , 2015
M r
f.!
ATTEST: APPROVED TO F
0U-ity Clerk City Attorney ph
REVIE D APPROVED: INITIAT AND APPROVED
> Manager Direc of o Planning and Building
15-4665/118986 doc 2
HB -547- Item 15. - 7
Ord. No. 4058
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on May 04,2015, and was again read to said City Council at a
regular meeting thereof held on May18,2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Sullivan
NOES: Hardy, Delgleize, Peterson
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Wave on
May 28,20I5
In accordance with the City Charter of said City 0
Joan L Flynn.City Clerk CI Jerk and ex-officio lerk
Senior Deputy Ct Clerk of the City Council of the City
of Huntington Beach, California
Item 15. - 8 HB -548-
ORDINANCE NO 4047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADOPTING ZONING TEXT AMENDMENT NO. 15-001 AND AMENDING CHAPTER 233
OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATED
TO SIGNS
WHEREAS, Pursuant to California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No 15-001, which amends Chapter
233 of the Huntington Beach Zoning and Subdivision Ordinance related to signs, and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council has determined that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows
SECTION 1 That Zoning Text Amendment No 15-001, amending Chapter 233 of the
Huntington Beach Zoning and Subdivision Ordinance related to signs as more fully set forth
herein, is hereby adopted and approved
SECTION 2 That Section 233 08 of the Huntington Beach Zoning and Subdivision
Ordinance, entitled"Exempt Signs" is hereby amended to read as follows
233.08 Exempt Signs
The following signs are exempt from the sign permit requirements of Section 233 04 These
signs shall not be restricted by content and no fee, permit or application is required
A Cornerstones (including names of buildings and dates of erection), and citations that
are made an integral part of the structure
B Signs not exceeding 0 5 square feet each posted by commercial establishments
C Flags posted by any governmental agency
D Signs posted by neighborhood safety organizations
E Notices posted by a utility or other quasi-public agent in the performance of a public
duty
F. Signs or notices posted by any court, public body or officer
G Signs posted by property owners on private property, as required by law (including no
trespass and legal notices)
H One sign, not over six square feet in area, may be posted at each door, loading dock, or
other entrance facing a public street
I One double-faced sign per each commercial parking entrance, not exceeding two
square feet in area and four feet in height
1
144519/116956
HB -549- Item 15. - 9
Ord . 4047
J Signs erected by a public agency
K. Signs manufactured as a standard, integi al part of amass-produced product accessory
or display structure including telephone booths, vending machines, automated teller
machines, and gasoline pumps
L Signs within a building not visible from a public street and window signs not
exceeding 20% of the visible area of a window(50% during December) No window sign
shall be displayed above the second story
M Signs required by the Americans with Disabilities Act (ADA)
N Two signs (including, but not limited to, street numerals and "no solicitation' notices),
not exceeding two square feet each, placed on any pact of a building facing a public street
O Temporary Signs Temporary signs are permitted on private property where the
property owner has granted permission for its display Temporary signs are penmitted in
public rights-of-way, but not permitted in street medians of dividers, or affixed to trees,
shrubs or other landscape materials This signage shall not be restricted by content and shall
be permitted as follows-
SITE TYPE MAX. MAX. MAX. OTHER STANDARDS
CRITERIA NUMBER SIGN SIGN
AREA HEIGHT
Non- F/S or N/A 8 sq ft 1. Cannot create traffic or
commercial Wall; total In all zones, safety hazards, cannot
signs on private no roof combined 42 inches encroach in the
property in all signs of all signs within front visibility triangular
zones on a setback areas described in
property areas, 6 ft Section 230 88.
in other 2 In Commercial and
areas Industrial Zones, F/S
non-commercial signs
are allowed only in
landscaped areas and
landscaped planters
Non- F/S or N/A N/A N/A 1 Cannot create traffic or
commercial Wall safety hazards
signs in public 2 Non-commercial signs
rights-of-way in public rights-of-way
may be posted no
sooner than 50 days
before an Election Day
and must be taken down
no later than 10 days
following the Electron
Day Non-commercial
signs in public rights-of-
2
14-4519/116956
Item 15. - 10 1113 -550-
Ord . No . 4047
way may be removed by
- anyone beginning the
Friday after Election
Day
Real Estate
Signs
Residential F/S or One per 8 sq ft 6 ft 1 Cannot create traffic or
Wall site safety hazards
2 May be erected no
earlier than the date the
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement
3 No sign may be
attached to the
perimeter walls of
residential communities
Commercial F/S or 1 per site 20 sq ft 10 ft 1 Cannot create traffic or
Office Wall 12 ft safety hazards
District 2 May be erected no
earlier than the date the
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement
Commercial F/S or 1 per site 30 sq ft. 12 ft 1 Cannot create traffic or
Industrial Wall safety hazards
2 May be erected no
earlier than the date the
3
14-4519/116956
HB -55 1- Item 15. - 11
Ord . No . 4047
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement
All Other F/S or 1 per site 20 sq. ft loft 1 Cannot create traffic or
Districts Wall safety hazards
2 May be erected no
earlier than the date the
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement
3 Signs shall not be
attached to the
perimeter walls of
residential communities.
Construction F/S or 1 per site 32 sq ft None Is erected no earlier than
Signs Wall the date a building permit
is issued for the property,
and is removed prior to
issuance of a certificate of
occupancy or final
inspection, whichever
comes first
Open Douse
Signs
F/S or 1 per site 6 sq ft 4 ft 1 Sign must be displayed
Wall adjacent to the entrance
of a property or in the
case of a residential
subdivision at the
immediate points of
4
144519/116956
Item 15. - 12 xB -552-
Ord . No . 4047
access to the property
from an arterial, and is
removed by sunset on
any day it is erected
2 Placement shall not be
in street medians,
dividers, on street signs,
traffic control devices
and shall not obstruct
the public right-of-way.
Flags 3 per site 2 5 sq ft 6 ft Must be displayed at the
immediate points of access
to a property or, in the
case of a residential
subdivision, from the
immediate point of access
from an arterial
Pennants 30 sq ft 1. Must be placed on light
standards located on
private property.
2 Must have an 8-foot
clearance from the
ground
3 Must be removed
within 5 business days
of the completion of the
City-sponsored event or
theme
(3334-6/97, 3360-12/97, 3826-4/09, 3872-3/10, 3881-8/10, 3927-1/12)
SECTION 3 That Section 233 10 of the Huntington Beach Zoning and Subdivision
Ordinance, entitled "Prohibited Signs" is hereby amended to read as follows
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)
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 Section 233 18 or
23320
C Roof signs except those permitted under Section 233 18(D)
5
14A519/116956
HB -553- Item 15. - 13
Ord . No .4047
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
E Signs which produce odor, sound, smoke, fire or other such emissions
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
G Animals or human beings, live or simulated, utilized as signs
H Projecting signs, except canopy or awning signs and under-canopy signs, subject to
subsections 233 06(A) and 233 06(E)
I Signs which constitute a nuisance or hazard due to their intensity of light
J Signs visible from and within 100 feet of an R district which are illuminated between
the hours of 10 00 p m and 7 00 a in unless they identify an establishment open for
business during those hours
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 as permitted pursuant to Sections 233 14 (Readerboard Signs—
Multiple Users) and 233 16 (Subdivision Directional Signs)
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's closing date The sign panel may be turned over (blank side out) if the sign
complies with code
M Signs located on public property, including signs affixed to utility poles, trees or
projecting onto the public right-of-way, except otherwise exempt temporary signs pursuant
to Section 233 08(0) 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 publ>cly-operated beaches or parks provided such items are placed in
accord with an agreement granted by the City Council, and for such signs proposed in the
coastal zone, subject to approval of a coastal development permit unless otherwise exempt
N Vehicle signs, signs affixed to automobiles, trucks, trailers or other vehicles on public
or private property for the 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
O Within the coastal zone, signs that limit or prohibit public access to public coastal
areas, public accessways and/or to public parks except, subject to approval of a coastal
development permit, when necessary for public safety, no other feasible alternative exists,
the signs are consistent with all other applicable local coastal program requirements, and are
subject to a requirement that the signs shall be removed as soon as the public safety issue is
resolved
6
144519/116956
Item 15. - 14 HB -554-
Ord . No . 4047
P. Within the coastal zone, signs that adversely affect scenic and visual qualities of
coastal areas and public parks shall be prohibited except, subject to approval of a coastal
development permit, when necessary for public safety, no other feasible alternative exists,
the signs are consistent with all other applicable local coastal program requirements, and are
subject to a requirement that the signs shall be removed as soon as the safety issue is
resolved (3334-6/97, 3360-12/97, 3826-4/09, 3881-8/10, 3981-8/13)
SECTION 4 That Section 233 28 of the Huntington Beach Zoning and Subdivision
Ordinance, entitled "Definitions" is hereby amended to read as follows
233.28 Definitions
The following definitions shall apply to the provisions in this chapter. General definitions are
contained in Chapter 203.
Abandoned Sign A sign which no longer directs, advertises or identifies a legal business
establishment, product or activity on the premises where such sign is displayed
Alteration Any change of copy, sign face, color, size, shape, illumination, position,
location, construction, or supporting structure of any sign
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
Area of Sign
1 The area included within the outer dimensions of a sign (excluding structural
supports)
2 For freestanding signs, sign area shall be calculated on one 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
3 For illuminated awning or canopy signs, sign area shall be calculated around the
sign copy only
4 For signs without a border or frame (channel or skeleton letters), the area shall be
within a rectangle or eight 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
SIGN AREA SIGN
AREA
Awning A shelter supported entirely from the exterior wall of a building and composed of
non-rigid materials except for the supporting framework
Awning Sign A sign painted on, printed on, or attached flat against the surface of an
awning
Banner Sign. A temporary sign composed of fabric or flexible material with no enclosing
frame
7
144519/116956
HB -555- Item 15. - 15
Ord . No . 4047
Bonus Sign An internally illuminated freestanding sign designed with opaque sign
faces/panels, and illumination for items of information only
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
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
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
Changeable Copy Sign 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
Channel Letters Individual letters or figures, illuminated or non-illuminated, affixed to a
building or freestanding sign structure
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
Directional Sign An on-premises incidental sign designed to guide or direct pedestrian or
vehicular traffic
Electronic Readerboard A changeable message sign consisting of a matrix of lamps
which are computer controlled
Exposed Neon Neon tubing used for lighting in signs and other building identification such
as raceways and accent lighting'
Exposed Raceway Visible tube or box behind a wall sign used to house electrical wiring
for the wall sign
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 "
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
Grand Opening A promotional activity not exceeding 90 calendar days used by newly
established businesses to inform the public of their location and services
Ground Sign See Freestanding Sign
Illegal Sign A sign which was erected without obtaining a permit as required by this
chapter,that does not meet the requirements of the ordinance codified in this title, or has not
received legal nonconforming status.
8
14-4519/116956
Item 15. - 16 HB -556-
Ord . No . 4047
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
Indirect Illumination A light cast on the surface of a sign from an exterior source
Industrial Center Any site containing three or more industrial activities
Integrated Development A development or site comprised of one or more parcels served
by common accessways, driveways, parking and landscaping.
Interior Illumination Any sign face which is artificially lit from the inside
Item of Information Each word, design, symbol, or figure.
Limited Sign Permit A permit approved by the director that permits a temporary sign used
to advertise a short-term special activity or sale, i e , grand opening, under new ownership,
fall sale, etc , and maintenance or modification to the face or copy of a nonconforming sign
to extend a use of the sign for a time period deemed appropriate by the director,but not to
exceed two years.
Logo A trademark or company name symbol
Mansard A sloped roof or roof-like facade.
Marquee See Canopy
Monument Sign A freestanding sign with a solid base
Moving Sign Any sign or device which has any visible moving part, visible revolving part,
or visible mechanical movement
Name Plate Sign An attached sign which designates the names and/or address of a
business, and/or the words"entrance" or"exit"
Non-commercial Sign A sign that does not have a message that is commercial in nature,
such as, but not limited to, signs that are political in nature, social issues, religious
messages, beliefs, candidates, or other non-commercial content Non-commercial signs do
not include
a Signs that promote the sale, lease or exchange of goods, services, or property
b Signs that identify or attract attention to any place which sells, leases, or exchanges
goods, services or property
c Signs that identify or attract attention to any club, nonprofit facility, governmental
office or facility, or other such place where a person, group of persons, or organization is
engaged in any activity involving interaction with the general public or a significant portion
thereof, whether for income purposes or not
"Non-commercial Sign" does not include Directional Signs or Construction Signs as
defined in this Section Nonconforming Sign A sign which was erected legally but does
not comply with provisions of the current sign ordinance.
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
On-Site Sign A sign which pertains to the use(s) of the site on which it is located
9
1445 19/1 1 6956
xB -557- Item 15. - 17
Ord . No . 4047
Open House Sign A sign which identifies a building for sale or lease which is open and
available for inspection
Planned Sign Program. A required component for certain sign permits that incorporates
coordinated and quality sign design elements and is reviewed and approved by the director
Point of Purchase Display. Advertising of a retail item accompanying its display, e g , an
advertisement on a product dispenser
Pole Sign See Freestanding Sign
Portable Sign Any sign not permanently attached to the ground or a building
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
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
Public Access Signage Signage that directs the general public to the coast or sea and/or
public amenities available for general public use
Public right-of-way shall mean the area across, along, beneath, in, on, over, under, upon,
and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets,
and ways within the City, as they now exist or hereafter will exist
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
Real Estate Sign Any temporary sign indicating that the premises on which the sign is
located is for sale, lease or rent
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
Rotating Sign Any sign or portion thereof which physically revolves about an axis
Sign. Any medium for visual communication, including its structure and component parts,
which is used or intended to be used to attract attention
Sign Code Exception A deviation to some of the specifications set forth in this chapter that
is approved by the director.
Sign Copy Any words, letters, numbers, figures, designs or other symbolic representation
incorporated into a sign for the purpose of attracting attention
Sign Height Measurement from the adjacent sidewalk or curb to the highest portion of the
sign, including architectural elements
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
Site Frontage The length of a lot or parcel of land along or fronting a street
10
144519/116956
Item 15. - 18 HB -558-
Ord . No . 4047
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
Subdivision Directional Sign A sign providing direction to a land development project
pursuant to this chapter
Supergraphic A painted design which covers an area greater than 10% of a wall, building
facade, or other structure
Temporary Sign A sign which is installed for a limited time and is not constructed or
intended for long-term use.
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
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 18 inches from the building, or project above the height of the wall or parapet
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.
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144519/116956
xB -559- Item 15. - 19
Ord . No . 4047
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(3334-6/97, 3360-12/97, 3826-4/09)
SECTION 5 That Chapter 233 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended by adding new Section 233 30 entitled "Message Substitution" to
read as follows
233 30 Message Substitution
The owner of any sign which is otherwise allowed by this Chapter may substitute non-
commercial copy in lieu of any other commercial or non-commercial copy The purpose of this
provision is to prevent any inadvertent favoring of commercial speech over non-commercial
speech, or favoring any particular non-commercial message over any other non-commercial
message
12
14-4519/116956
Item 15. - 20 HB -560-
Ord . No . 4047
SECTION 6 This ordinance shall become effective thirty days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6 t h day of April
6 W_ (A*
ayo
ATTEST APPROVED AS TO FORM-
City COW
,City Attorney
REVIE W�ANDPPROVED INIT A PROVED
IA
Citypanater Direct r of Planning and Building
13
144519/1]6956
HB -561- Item 15. - 21
Ord. No. 4047
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on March 16, 2015, and was again read to said City Council at a
Regular meeting thereof held on April 6,2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Wave on
April 16,2015 .0z
In accordance with the City Charter of said City top
Joan L Flygn.Cijy Clerk City947rk and ex-officio C k
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Item 15. - 22 HB -562-
,e'x idV T c
ORDINANCE NO 4069
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO
WIRELESS COMMUNICATIONS FACILITIES
(ZONING TEXT AMENDMENT NO 14-002)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No 14-002, which amends Chapter
230 of the Huntington Beach Zoning and Subdivision Oidmance relating to wireless
communication facilities; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1 Subsections B and D of Section 230 96 of Chapter 230 of the Huntington
Beach Zoning and Subdivision Ordinance are hereby amended to read as follows
230.96 Wireless Communication Facilities
A Purpose This Section of the Zoning Code is to protect public safety, general welfare,
and quality of life by regulating the location, height and physical characteristics and provide
for orderly and efficient placement of Wireless Communications Facilities in the City of
Huntington Beach
Because of the potential negative aesthetic impacts of Wireless Communications Facilities,
including visual blight and diminution of property value, the City endeavors to locate
antennas within commercial, industrial and other non-residential zones, screen them fiom
view, and encourage co-location with other Wireless Communication Facilities However,
the Federal Telecommunications Act, specifically 47 U S C Section 332(c)(7), preempts
local zoning where a Wireless Facility is necessary to remedy a significant gap in the
Wireless Provider's service Consequently, where the City deteimines that the Facility does
not satisfy City planning and zoning standards, the Wireless Provider may their choose to
establish Federal preemption because (i) a significant gap in wireless coverage exists, and
(ii) there is a lack of feasible alternative site locations A rnyliad of factors are involved in
determining if a gap is significant, such as- whether the gap affects a commuter highway;
the nature and character of the area and the number of potential users affected by the alleged
lack of service; whether the signal is weak or nonexistent, and whether the gap affects a
commeicial district Consequently, the City will requue scientific evidence from an expert
154754/122324 doe I
HB -563- Item 15. - 23
Ord . No. 4069
in the field demonstrating the existence of a significant gap in service, and a lack of feasible
alternative sites The applicant will be required to pay for the cost of said expert opinion
B Definitions For the purpose of this Section, the following definitions for the following
terms shall apply
1. Accessoiy Structure. Any structure or equipment that is to be located ancillary to
an antenna or antennas in the establishment and operation of a Wireless
Communication Facility.
2. City Property. Property owned by the City of Huntington Beach, excluding any
Public Right-of-Way,
3 Co-Location or Co-Located. The location or placement of multiple Wireless
Communication Facilities which are either owned or operated by more than one
service provider at a single location and mounted to a common supporting structure,
wall or building
4 Completely Stealth Any Wneless Communication Facility that has been designed
to completely screen all aspects of the facility including appurtenances and equipment
from public view Examples of completely stealth facilities may include, but ale not
limited to, architecturally screened roof mounted antennas, facade mounted antennas
treated as architectural elements to blend in with the existing building, church steeples,
fire towers, and flag poles and light standards of a typical diameter.
5 Data Collection Unit("DCUs") A Wireless Communication Facility comps ised
of a collection unit, a solar panel and whip antennas used for receiving and/or
transmitting wireless signals fiom distributed gas and water data collector meters,
which is a stand-alone facility not connected via fiber optic or other physical wiring to
any other facility No Wireless Communication Facility operated by an electric
corporation, a telephone corporation, a personal wireless service provides, a
commercial mobile service provider or a mobile telephone service provider shall be
considered a DCU
Size Solar panels not larger than 7 square feet, whip antennas not longer than 40
inches, and collection units not larger than 1.5 cubic feet DCUs shall be designed to
blend into the surrounding environment and minimize the visual appearance by
matching the color of the poles or buildings where the DCU is located.
6 Ground Mounted Facility Any wireless antenna that is affixed to a pole, tower or
other freestanding structure that is specifically constructed for the purpose of
supporting an antenna
7 Microwave Communication The tiansmission or reception of radio
communication at flequencies of a microwave signal (generally, in the 3 GHz to 300
GHz frequency spectrum)
S Modified Facility An existing Wireless Communication Facility where the
antennas and/or supporting structure are proposed to be altered in any way from their
existing condition, including like-for-like replacement but excluding co-location.
ic_A',CA'122324 doc 2
Item 15. - 24 HB -564-
Ord . No . 4069
9 Pre-existing Wireless Facility Any Wireless Communication Facility for which a
building permit of conditional use permit has been properly issued plior to the
effective date of this ordinance, including permitted wireless antennas that have not yet
been constructed so long as such approval is cunent and not expired
10. Public Right-of-Way The area across, along, beneath, in, on, over, under, upon,
and within the dedicated public alleys, boulevards, courts, lanes, places, roads,
sidewalks, streets, ways, private streets with public access easements within the City's
boundaries, and City owned properties, as they now exist or hereafter will exist
11 Roof Mounted Any wireless antenna directly attached or affixed to the roof of an
existing building, water tank, tower of structure other than a telecommunications
tower
12 Stealth Techniques Any Wireless Communication Facility, including any
appurtenances and equipment, which is designed to blend into the surrounding
environment Examples of Stealth Technique include, but are not limited to,
monopalms/monopines
13. 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 but not haffic
signals, recreational Facility lighting, or any other utility which meets the purpose and
intent of this definition
14 Wall Mounted Any wireless antenna mounted on any vertical or nearly vertical
surface of a building of 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
15 Wireless Communication Facility of Facility or Wireless Antenna An antenna
structure and any appurtenant facilities or equipment that transmits electronic waves of
is used for the transmission or receipt of signals that are used in connection with the
provision of wireless communication service, including, but not limited to digital,
cellular and radio service
C Applicability This Ordinance shall apply to all Wireless Communication Facilities
which are erected, located, placed or modified within the City of Huntington Beach.
D Exceptions. The following Wireless Communication Facilities shall be exempt from
this Ordinance.
1 Any Facility, which is subject to a previously approved and valid entitlement,
may be modified within the scope of the applicable pen-nit without complying with
these regulations However, modifications outside the scope of the valid entitlement or
any modification to an existing facility that does not have a previously approved and
valid entitlement is subject to the requirements of this ordinance
154754/122324 doe 3
HB -565- Item 15. - 25
Ord . No. 4069
2 Any antenna structure that is one meter(39 37 inches) or less in diameter that is
designed to receive direct broadcast satellite service, including direct-to-home satellite
service for television purposes, as defined by Section 207 of the Telecommunication
Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive
decisions thereof
3. Any antenna structure that is two meters (78 74 inches) or less in diameter located
in commercial or industrial zones and is designed to transmit of receive radio
communication by satellite antenna.
4 Any antenna structure that is one meter (39 37 inches) or less in diametei of
diagonal measurement and is designed to receive Multipoint Distf ibution Service,
provided that no pact of the antenna structure extends mole than rive (5) feet above the
principle building on the same lot
5 Any antenna structure used by authorized amateur radio stations licensed by the
FCC
6 Any Data Collection Unit (DCU) on existing poles, or on any new poles within
the Public Right-of-Way or on City Property. DCUs shall comply with setback and
height requirements for the zone in which they are located. In addition, all DCUs must
comply with all City Municipal Code requirements, including but not limited to
Chapter 12.38 regarding Encroachments and Chaptei 17.64 regarding Undergiounding
of Utilities DCUs shalt be at least 500 feet from another DCU within the same
network
E Process to Install and Operate Wireless Communication Facilities No Facility shall
be installed anywhere in the City without first securing either a Wifeless Permit of a
Conditional Use Permit as iequired below
1 Wireless Permit Application The applicant shall apply to the Planning and
Building Department for a Wireless Permit by submitting a completed Wireless Permit
Application ("Application") and paying all required fees The Application shall be in
the form approved by the Director, and at a minimum shall provide the following
information
a Precise location of the Facility
b Evidence that the Facility is compatible with the surrounding enviionment
or that the facility is architecturally integrated into a structure
c Evidence that the facility is screened or camouflaged by existing or
proposed topography, vegetation, buildings or other structures as measured from
beyond the boundaries of the site at eye level (six feet)
d Evidence that the massing and location of the proposed facility are
consistent with surrounding structures and zoning districts
e Evidence that no portion of the Facility will encroach over property lines
f Property owner authorization or evidence of fee ownership of property
wheie the Facility will be installed In the case of City-owned property of any
public right-of-way, the applicant shall provide a license, lease, franchise, or other
.. .....122324 doc 4
Item 15. - 26 HB -566-
Ord . No . 4069
similar agreement from the City to place any Facility over, within, on, of beneath
City property or right-of-way.
g Locations of all other Wireless Antennas within 1,000 feet of a proposed
ground mounted facility Co-location of ground mounted facilities shall be
required where feasible whenever such a facility is proposed within 1,000 feet of
any existing Wireless Antenna
h Any other relevant information as required by the Director of Planning
and Building
The Planning and Building Department will initially review and determine if the
Application is complete The City may deem the Application incomplete and require
re-submittal if any of the above information is not provided.
2. Director Approval. Following submittal of a complete Application, the City will
determine whether the Facility may be approved by the Director or whether a
Conditional Use Permit or other entitlement is required Wireless Permit applications
will be processed based upon the location and type of antennas defined in herein
Although said classifications are assigned at project intake, a ie-evaluation of antenna
classifications may occur at any point in the process including at the time of review by
the Director, Zoning Administrator, Planning Commission or City Council
A Facility not subject to any other discretionary approval may be administratively
approved by the Director by issuing a Wireless Peimit if it is-
a. Co-located on an existing approved Wireless Facility, does not exceed the
existing Wireless Facility heights, and employs Stealth Techniques such that the
co-located Wireless Facility is compatible with surrounding buildings and land
uses; or
b A modified Facility that complies with the base district height limit plus
up to an additional 10 feet of height as permitted in Section 230 72 and
compatible with surrounding buildings and land uses by incorporating stealth
techniques; or
c A Facility that complies with the base district height limit plus up to an
additional 10 feet of height as permitted in Section 230 72, is Completely Stealth
and is not ground or utility mounted.
The Director may require conditions of approval of the Facility in order to minimize
adverse health, safety and welfare impacts to the community
A decision of the Director to giant a Wireless Permit shall become final ten (10) days
following the date of the decision unless an appeal to the Planning Commission is filed
as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO)
The Director shall issue findings of approval that the Facility meets the above criteria
and is not a detriment to the health, safety and welfare of the community
3 Zoning Administrator Approval In the event the Director determines that the
applicant does not meet the requirements for Director approval of a Wireless Pei mrt,
then the applicant shall apply for a Conditional Use Permit(CUP) to the Zoning
154754/122324 doc 5
HB -567- Item 15. - 27
Ord . No . 4069
Administrator pursuant to Chapter 241 of the HBZSO Notwithstanding any other
provisions of the HBZSO, any new ground or utility mounted wifeless facilities shall
be required to obtain a CUP. CUP applications shall also include the same information
required under subsection E 1
The Zoning Administrator may require, as a condition of approval of the CUP that the
applicant minimize significant adverse impacts to the community and public visual
resources by incorporating one or more of the following into project design and
construction•
a Completely Stealth installations;
b Stealth Techniques,
C. Co-location and locating Facilities within existing building envelopes,
d Coloiization or landscaping to minimize visual prominence, and/or
e Removal or replacement of Facilities that are obsolete
Further conditions of approval of a facility CUP may be imposed as provided in
Chapter 241 of the HBZSO. The Zoning Administrator's decision may be appealed to
the Planning Commission in accordance with Chapter 248 of the HBZSO.
4. Design Review. Design review shall be required for any Wireless Communication
Facilities pursuant to the HBZSO as well as those located on public light-of-way and
on or within 300 feet of a residential district or use in the City
Notwithstanding any other provisions of the HBZSO, design review is not required for
Wireless Communication Facilities that may be approved by the Director pursuant to
subsection E 2 (Director Approval) above and have all appurtenant facilities and
equipment located underground of within an existing building or existing enclosure
F Applicant May Assert Federal Preemption At Time of Appeal To Planning
Commission
1 If the decision on the Wireless Permit or Conditional Use Permit is appealed
(either by applicant or an aggrieved party)to the Planning Commission, the Applicant
may assert that Federal Law preempts the City from denying the application because
denial would effectively prohibit Wireless Service The applicant shall pay a Denial of
Effective Service appeal fee in an amount to be established by City Council
Resolution, which amount shall be the estimated cost for the City to retain an
independent, qualified consultant to evaluate any technical aspect of a proposed
Wireless Communications Facility, including, but not limited to, issues involving
whether a significant gap in coverage exists A Denial of Effective Service appeal must
be submitted prior to the expiration of the appeal period for a Wireless Permit or
Conditional Use Permit
2 The Director shall establish the form of the Denial of Effective Service appeal At
a minimum, the Applicant shall provide the following information as part of its appeal
In order to prevail in establishing a significant gap in coverage claim the applicant
shall establish at minimum the following based upon substantial evidence
a. Evidence demonstrating the existence and nature of a significant gap in
service in the vicinity of the proposed Facility, including but not limited to
i c_d'7;A/I22324 doc 6
Item 15. - 28 HB -568-
Ord . No. 4069
whether the gap pertains to residential in-building, commercial in-building
coverage, in-vehicle coverage, and/oi outdoor coverage
b. Evidence demonstrating that the applicant has pursued other feasible sites
for locating the Facility, but that they are unavailable on commercially practicable
terms ,
c Evidence demonstrating the radio frequency signal strength transmission
requirements and objectives that the applicant has established for the Southein
California region, and for the City of Huntington Beach
d Radio frequency propagation maps demonstrating actual transmission
levels in the vicinity of the proposed Facility site, and any alternative sites
considered.
e. Radio frequency drive tests demonstrating actual transmission levels in the
vicinity of the proposed Facility site, and any alternative sites considered
f Reports regarding the applicant's monthly volume of mobile telephone
calls completed, not completed, dropped, handed-off, not handed-off, originated
and not originated for the signal area to be covered by the proposed Facility
g. Any proprietary information disclosed to the city or the consultant is
deemed not to be a public record, and shall remain confidential and not to be
disclosed to any third party without the express consent of the applicant, unless
otherwise required by law In the event the applicant does not provide this
information, the City may conclusively presume that no denial of effective service
exists
All of the information noted above shall be submitted to the City within 30 days of the
filing of the Denial of Effective Service appeal unless an extension is granted by the
Director
3 The Denial of Effective Service appeal shall be considered concurrently with the
Wireless Permit or CUP appeal hearing before the Planning Commission Prior to the
scheduling of the public hearing on the Wireless Permit or CUP appeal, the City
Attorney shall be authorized to issue administrative subpoenas to compel production of
such documents, testimony and other evidence relevant to the applicant's denial of
effective service claims
G. Wireless Communication Facility Standards The following standards shall apply to
all wireless communication facilities:
l. Screening All screening used in conjunction with a wall or roof mounted
Wireless Antenna shall be compatible with the architecture of the building or other
structure to which it is mounted, including color, texture and materials All ground of
utility mounted facilities shall be designed to blend into the surrounding environment.
or architecturally integrated into a building or other concealing structure
2 Equipment/Accessory Structures All equipment associated with the operation of
the Wireless Antenna, including but not limited to transmission cables, shall be
screened in a manner that complies with the development standai ds of the zoning
district in which such equipment is located and Section 230.76. Screening materials
and support structures housing equipment shall be architecturally compatible with
15-4754/122324 doc 7
HB -569- Item 15. - 29
Ord . No . 4069
surrounding structures by duplicating materials and design in a manner as practical as
possible Chain link fencing and barbed wire are prohibited
3 General Provisions All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines
4 Building,Codes To ensure the structural integrity of Wireless Communication
Facilities, the owners of a Facility shall ensure that it is maintained in compliance with
standards contained in applicable state or local building codes and the applicable
standards for facilities that are published by the Electronic Industries Association, as
amended from time to time.
5 Co-Location- Co-location of ground mounted facilities shall be requited where
feasible whenever such a facility is proposed within 1,000 feet of any existing Wireless
Antenna
6 Federal and State Requirements All Wireless Communication Facilities must
meet or exceed current federal and state laws, standards and regulations of the FCC,
and any other agency of the federal of state goverivment with the authority to regulate
Wireless Communication Facilities
7 Interference: To eliminate interference, at all times, other than during the 24-hour
cure period,the applicant shall comply with all FCC standards and regulations
regarding interference and the assignment of the use of the radio frequency spectrum
The applicant shall not prevent the City of Huntington Beach or the countywide system
from having adequate spectrum capacity on the City's 800 MHz voice and data radio
frequency systems The applicant shall cease operation of any Wireless Antenna
causing interference with the City's facilities immediately upon the expiration of the
24-hour cure period until the cause of the interference is eliminated
8 Lighting, All outside lighting shall be directed to prevent"spillage" onto adjacent
properties, unless required by the FAA or other applicable authority, and shall be
shown on the site plan and elevations
9 Maintenance: All facilities and appurtenant equipment including landscaping shall
be maintained to remain consistent with the original appearance of the Wireless
Antenna Ground mounted facilities shall be covered with anti-graffiti coating
10 Monitoring The applicant shall provide a copy of the lease agreement between
the property owner and the applicant prior to the issuance of a building permit
11 Signs- The Wireless Antenna shall not bear any signs or advertising devices other
than owner identification, certification, warning, or other required seals of signage
12 Landscaping Landscape planting, irrigation and haidscape improvements may be
imposed depending on the location, the projected vehicular traffic, the impact can
existing facilities and landscape areas, and the visibility of the proposed Wireless
Antenna. Submittal of complete landscape and architectural plans for reN iew and
approval by the Directors of Public Works and Planning and Building Departments
may be required.
13 Utility Agreement If the proposed facility will require electrical power or any
other utility services to the site, the applicant will be required to furmsh the City's Real
Estate Services Manager either a drafted utility franchise agreement between the City
" '122324 doc 8
Item 15. - 30 HB -570-
Ord . No . 4069
of Huntington Beach and the applicant to place those lines in the public right-of-way,
or a written statement from the utility company that will be supplying the powel or
other services, that they accept all responsibility for those lines in the public right-of-
way
H. Facilities in the Public Right-of-Way. Any Wireless Communication Facility to be
placed over, within, on or beneath the public right-of-way shall comply with all City
Municipal Code requirements, including but not limited to Chapter 12 38 regarding
Encroachments and Chapter 17 64 regarding Undergrounding of Utilities
1 Facility Removal Wireless communication facilities affecting the public view and/or
located in areas designated Water Recreation, Conservation, Parks and Shoreline, and
Public Right of Ways shal l be removed in its entirety within six (6) months of termination
of use and the site restored to its natural state
J Cessation of Operation
1. Abandonment Within thirty (30) calendar days of cessation of operations of any
Wireless Communication Facility approved under this Section, the operatoi shall
notify the Director in writing The Wireless Antenna shall be deemed abandoned
pursuant to the following sections unless
a The City has determined that the operator has resumed opeiation of the
Wireless Communication Facility within six (6) months of the notice; or
b. The City has ieceived written notification of a transfer of the Wireless
Communication Facility.
2 City Initiated Abandonment A Wireless Antenna that is inoperative or unused foi
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
Wireless Antenna and the owner(s)of the premises upon which the antenna is located.
Such notice may be delivered in person, or mailed to the addiess(es) stated on the
permit application, and shall be deemed abandoned at the time delivered or placed in
the mail
3 Removal of Abandoned Wireless Antenna The operator of the Wireless Antenna
and the owner(s) of the property on which it is located, shall within thirty (30) calendar
days after notice of abandonment is given either (1) remove the Wireless Antenna in its
entirety and restore the premises, or (2)provide the Director with written objection to
the City's determination of abandonment.
a. Any such objection shall include evidence that the Wireless Antenna was
in use during the ielevant six- (6) month period and that it is presently
operational The Director shall review all evidence, determine whether or not the
Facility was properly deerned abandoned, and provide the operator notice of its
determination
b At any time after thirty-one (31) calendar days following the notice of
abandonment, or immediately following a notice of determination by the Director,
if applicable, the City may remove the abandoned Wireless Antenna and/or repair
any and all damage to the premises as necessary to be in compliance with
applicable codes. The City may, but shall not be required to, store the removed
15-4754/122324 doc 9
HB -571- Item 15. - 31
Ord . No . 4069
Antenna(or any part thereof) The owner of the premises upon which the
abandoned Antenna was located, and all prior operators of the Antenna, shall be
jointly liable for the entire cost of such removal, repair, restoration and/or storage,
and shall remit payment to the City promptly after demand thereof is made The
City may, in lieu of storing the removed Wireless Antenna, convert it to the City's
use, sell it, or dispose of it in any manner deemed appropriate by the City
SECTION 2 All other provisions of Section 230 96 not amended hereby remain in full
force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 s tday of September , 2015
V14W Z
ATTEST: APPROVED A5,0 ORM:
ler Ciri Attorney - - -
M,U 7 ! /S
REVIE D APPROVED INITIATE AN P VED
CfiyManager Di ector o 1 nning and Building
.. ""'122324 doc 10
Item 15. - 32 HB -572-
Ord. No. 4069
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven,that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on September 8,2015,and was again read to said City Council at a
Regular meeting thereof held on September 21,2015, and was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, O'Connell,Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published
in the Huntington Beach Wave on October 1,2015
In accordance with the City Charter of said City
09
Joan L Flynn, City Clerk Cityiperk and ex-officio fferk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
HB -573- Item 15. - 33
��161
ORDINANCE NO. 4019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ADOPTING ZONING TEXT AMENDMENT NO. 13-002 AND AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY
ADDING NEW CHAPTER 228 THERETO ENTITLED"SR SENIOR RESIDENTIAL
OVERLAY DISTRICT"
WHEREAS, the lack of affordable housing options in and around the City of
Huntington Beach continues to create housing problems for senior citizens living in the
City; and
One affordable housing option for senior citizens is a mobilehome park that
permits exclusive residence by those individuals age fifty-five (55) years and older; and
The City of Huntington Beach Housing Element has identified that the senior
segment of the City's population is an ever increasing group with seniors at 65+ years of
age representing 14% of the population; and
By the Senior Residential Overlay District permitting the senior category to
commence at age 55 addresses cost and affordability for a large segment of our senior
population; and
The conversion of ten(10) existing senior mobilehome parks may unduly burden
and irreparably harm senior citizens within the community; and
Pursuant to California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 13-002, which
establishes the Senior Residential Overlay District, and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council has determined that the
aforesaid amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. That Zoning Text Amendment No 13-002, establishing the
Senior Residential Overlay District as more fully described herein, is hereby adopted and
approved.
SECTION 2. That the Senior Residential Overlay District will promote,retain,
and provide affordable housing, and is consistent with the Housing Element of the
General Plan.
1
11-1994/102646
Item 15. - 34 HB -574-
Ordinance No. 4019
SECTION 3. That the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended by adding new Chapter 228 thereto, entitled"SR Senior Residential
Overlay District"to read as follows:
Chapter 228
SR SENIOR RESIDENTIAL OVERLAY DISTRICT
Sections:
228.02 Senior Residential Overlay District Established
228.04 Zoning Map Designator
228.06 Definition
228.08 Land Use Regulations
228.10 Minimum Design and Performance Standards
228.12 Removal of the Senior Residential Overlay District or Change of Use
228.02 Senior Residential Overlay District Established
The Senior Residential Overlay District is intended to promote the maintenance and
viability of existing mobilehome parks through appropriate zoning. It is an overlay
district where mobilehome parks are established as the primary land use in order to limit
conversion of existing affordable housing to other land uses. The Senior Residential
Overlay District may overlay any property which provides for mobilehome park
developments
The Senior Residential Overlay District is established and shall be designated by the
symbol (SR). The (SR) designation applies to all of the ten (10) senior residential
mobilehome parks that existed in the City of Huntington Beach as of the approval on
August 5, 2013 of the City's moratorium ordinance regarding senior mobilehome park
conversions.
228.04 Zoning Map Designator
The Zoning Map shall show all property subject to the provisions of this chapter and
overlay district by adding a"SR" designator to the underlying base zone
228.06 Definition
Except where the context clearly indicates otherwise, the definition given in this section
shall govern the provisions of this chapter.
Senior Residential Park. A"senior residential park"means a mobilehome park in which
at least eighty (80)percent of the spaces are occupied by, or intended for occupancy by,
at least one person who is fifty-five (55)years of age or older, or where one hundred
(100)percent of the spaces are occupied or intended for occupancy by persons sixty-two
(62) years of age or older.
2
13-3994/102646
H13 -575- Item 15. - 35
Ordinance No. 4019
228.08 Land Use Regulations
At least eighty (80)percent of the spaces in mobilehome parks in the Senior Residential
Overlay Districts shall be occupied by at least one person fifty-five (55)years of age or
older If an existing mobilehome park met this qualification on August 5, 2013, and fell
below the eighty (80) percent requirement between that date and the effective date of this
ordinance codified in this section, the Senior Residential Overlay District shall be applied
to that mobilehome pack and the park shall be required to operate as a senior residential
park by renting spaces and mobilehonnes only when at least one occupant of the
mobilehome is fifty-five (55) years of age or older The signage, advertising, pack rules,
regulations, rental agreements and leases for spaces in a senior residential park in the SR
Overlay Disti ict shall state that the park is a senior residential park. Pursuant to Section
228.06 Definitions and as of the effective date of the ordinance codified in this section,
the senior tesidential parks in the SR Zoning District are Rancho Del Rey Mobtlehome
Park, Skandia Mobtlehome Park, Huntington Harbor Mobtlehome Park, Sea Breeze
Mobtlehome Park, Beachview Mobtlehome Park, Los Amigos Mobtlehome Park,
Brookfield Manor, Del Mar Mobtlehome Park, Mariners Pointe, Rancho Huntington
Mobtlehome Park.
Spaces and mobilehomes in senior residential parks shall be rented only to occupants
who meet the age requirement set forth in Section 228.08 above, provided, however, that
if the occupants of a space or mobilehome who do not meet this requirement rented the
space or mobilehome before the effective date of the ordinance codified in this section,
they shall be allowed to'remain, and provided further that when such occupants cease to
occupy a space or mobilehome, the mobilehome and space cannot thereafter be rented
except to occupants who meet the age requirements set forth in this section
228.10 Minimum Design and Performance Standards
The signage, advertising, leases, and park rules and regulations for spaces in senior
residential parks shall state that the park is a senior residential park. Each senior
residential park shall have procedures for verifying that it qualifies as a senior facility
under applicable federal and/or state law, including documentation establishing that at
least eighty (80) percent of the mobilehomes or spaces in the mobilehome park are
occupied by at least one resident who is fifty-five (55) years of age or older. These
procedures shall provide for regular updates, through surveys or other means of initial
information supplied by the occupants of the mobilehome pai k Such updates must take
place at least once every two years A summary of this occupancy verification
documentation shall be available for inspection upon reasonable notice and request by
City officials
22812 Removal of the Senior Residential Overlay District
A zoning map amendment to remove the SR overlay designation shall be subject to the
provisions of Chapter 247
3
13-3994/102646
Item 15. - 36 HB -576-
Ordinance No. 4019
SECTION 4. This ordinance shall take effect thirty days following its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting held on March 17 2014
AA
Mayor
ATTEST: /ROVED AS TO FORM
OJOW YY
City erk _ 1 3 Cgy ttorney ,
REVIE E D APPROVED: INITIATED D NAPPROVED.
City rag6r Director of Planning and Building
4
13-3994/102646
1413 -577- Item 15. - 37
Ord. No. 4019
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven,that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on March 3,2014, and was again read to said City Council at a
regular meeting thereof held on March 17,2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AWES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio
NOES: Harper
ABSENT: None
ABSTAIN: None
I,Joan L nynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 27,2014
In accordance with the City Charter of said City a
Joan L Flynn.City Clerk Cityglerk and ex-officio Clerk
Senior De u Ct y Clerk of the City Council of the City
of Huntington Beach, California
Item 15. - 38 HB -578-
ORDINANCE NO 4020
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA AMENDING DISTRICT MAP 23Z OF THE CITY OF
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TO ADD THE SR SENIOR RESIDENTIAL OVERLAY TO REAL
PROPERTY LOCATED AT 16222 MONTEREY LANE
(EAST SIDE OF SAYBROOK SOUTH OF EDINGER)
ZONING MAP AMENDMENT NO 13-002
WHEREAS, the lack of affordable housing options in and around the City of Huntington
Beach continues to create housing problems for senior citizens living in the City, and
One affordable housing option for senior citizens is a mobilehome park that permits
exclusive residence by those individuals age fifty-five(55) years and older, and
Pursuant to Califomia State Planning and Zoning Law, the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Map Amendment No 13-002, wherein, after due consideration of
the fmdmgs and recommendations of the Planning Commission and all other evidence presented,
the City Council has determined that the aforesaid amendment is proper and consistent with the
General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows.
SECTION 1 That the real property located at the southeast corner of Saybrook Ln. and
Edinger Ave , and more particularly described in the legal description and sketch collectively
attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is
hereby changed from RMP (Manufactured Home Park) to RMP-SR (Manufactured Home Park-
Senior Residential Overlay)
SECTION 2 That the Director of Planning and Building is hereby directed to amend
Sectional District Map 23Z of the Huntington Beach Zoning and Subdivision Ordinance to
reflect the changes contained in this ordinance The Director of Planning and Building is further
directed to file the amended map. A copy of such map, as amended, shall be available for
inspection in the Office of the City Clerk
13-3994/102579 1
HB -579- Item 15. - 39
Ordinance No. 4020
SECTION 3 This ordinance shall take effect thirty(30) days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on March 17 , 2014.
AA AZZ,
v M
i
{
Mayor
ATTEST APPROVED AS TO FORM•
0
Ci lerk fit:yS At orney
REVIEWEP AND APPROVED: INITIATED AND APPROVED.
Pik
City Wage Dire for of Planning and Building
ATTACHMENTS
Exhibit "A": Location Map and Legal Description
13-3994/102579 2
Item 15. - 40 HB -580-
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PARCEL NUMBERS BOOK 178 PAGE 01 CD
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Ordinance No. 4020
Legal Description of Property
16222 Monterey Lane, Huntington Beach, CA 92649-6214
APN 178-011-16
Parcel 2 as per Parcel Map recorded in Book 108, Pages 47 and 48, in the City of Huntington
Beach, County of Orange, State of California, inclusive, Official Records of Orange, California
Item 15. - 42 xB -582-
Ord. No. 4020
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on March 3,2014,and was again read to said City Council at a
regular meeting thereof held on March 17, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Katapodis, Hardy, Shaw,Boardman, Sullivan, Carchio
NOES: Harper
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 27,2014
In accordance with the City Charter of said City
Joan L Flynn,CI Clerk City erk and ex-officio erk
Senior Deputy Depu!y Caty Clerk of the City Council of the City
9v-a- 4�
of Huntington Beach, California
HB -5s-3- Item 15. - 43
ORDINANCE NO 4021
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA AMENDING DISTRICT MAP 23Z OF THE CITY OF
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TO ADD THE SR SENIOR RESIDENTIAL OVERLAY TO REAL
PROPERTY LOCATED AT 16400 SAYBROOK(NORTHEAST
CORNER OF SAYBROOK AND HEIL)
ZONING MAP AMENDMENT NO 13-002
WHEREAS, the lack of affordable housing options in and around the City of Huntington
Beach continues to create housing problems for senior citizens living in the City, and
One affordable housing option for senior citizens is a mobilehome park that permits
exclusive residence by those individuals age fifty-five(55) yeais and older, and
The conversion of existing senior mobilehome parks may unduly burden and irreparably
hann senior citizens within the community, and
Pursuant to California State Planning and Zoning Law, the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Map Amendment No. 13-002, wherein, after due consideration of
the findings and recommendations of the Planning Commission and all other evidence presented,
the City Council has determined that the aforesaid amendment is proper and consistent with the
General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows
SECTION i That the real property located at the northeast corner of Saybrook Ln and
Heil Ave , and more particularly described in the legal description and sketch collectively
attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is
hereby changed from RMP (Manufactured Home Park) to RMP-SR (Manufactured Home Park-
Senior Residential Overlay)
SECTION 2 That the Director of Planning and Building is hereby directed to amend
Sectional District Map 23Z of the Huntington Beach Zoning and Subdivision Ordinance to
reflect the changes contained in this ordinance The Director of Planning and Building is further
directed to file the amended map A copy of such map, as amended, shall be available for
inspection in the Office of the City Clerk
13-3994/1 02580 1
Item 15. - 44 HB -584-
Ordinance No. 4021
SECTION 3. This ordinance shall take effect thirty (30) days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on March 17 , 2014.
Mayor
ATTEST APPROVED ASSTTO^FORM-
Ci Clerk C ty Atto ey
I-t5 • c4{
REVIEWED AND APPROVED INITIATED AND APPROVED:
Ci er Dire' or of Planning and Building
ATTACHMENTS
Exhibit "A": Location Map and Legal Description
13-3994/102580 2
HB -585- Item 15. - 45
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PARCEL MAP PM 96-30 SHOWN 1N CIRCLES COUNTY OF ORANGE
Ordinance No. 4021
LEGAL DESCRIPTION OF PROPERTY
Parcel A:An undivided 1/130th Interest In and to Parcel 1,as shown and defined in Certificate of Compliance
No 11-020,recorded on October 26,2011,as Document No. 2011000537042 of Official Records of Orange
County together with all improvements thereon.
Except therefrom Residential Units RU-1 through RU-130, Inclusive,as shown and defined upon the Condominium
Plan,recorded on January 17,2012 as Document No. 2012000025065 of Official Records
Except therefrom an undivided 25%Interest, in and all of the oil gas and other hydrocarbons substances and
minerals in and under and that may be produced from said land as granted to Norman Macbeth and Jacqueline
Smith Phelps by Deed recorded September 15, 1915 In Book 3205, Page 361 of Official Records.
Parcel B: Residential Unit 50,as shown and defined on the Condominium Plan
Parcel C:An exclusive easement appurtenant to each unit for the use and occupancy of those portions of the
exclusive use areas depicted In the Condominium Plan and provided for In the Declaration of Establishment of
Covenants,Conditions and Restrictions,recorded on January 17,2012, as Document No. 2012000025066 of
Official Records.
Man Tax Statements To- SAME AS ABOVE or Address Shown Below
xB -587- Item 15. - 47
Ord. No. 4021
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on March 3,2014,and was again read to said City Council at a
regular meeting thereof held on March 17,2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio
NOES: Harper
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 27,2014
In accordance with the City Charter of said City
Joan L Flym,CI, Clerk J City Ork and ex-officio rk
t:� aa or Deputy Ctty Clerk of the City Council of the City
of Huntington Beach, California
Item 15. - 48 HB -588-
4_
ORDINANCE NO. 3960
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 254 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO PARKLAND DEDICATION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
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
12-3261/82885 1
HB -589- Item 15. - 49
Ordmance No 3960
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
intended use. The primary intent of this Section shall be construed to provide the
land
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
2
Item 15. - 50 HB -590-
Ordinance No 3960
1. Definitions of terms:
a. A- the area in acres required to be dedicated as a park site
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.
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. Densi
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. Fees in Lieu of Land Dedication. (3562-7/02)
1. General. 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
12-3261/82885 3
xs -591- Item 15. - 51
Ordmance No 3960
pay a fee in lieu of dedication according to a schedule adopted by City
Council resolution.
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 according to a schedule adopted by City Council
resolution. 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.
3. Use of Fees. The fees paid to the City pursuant to this Section and the
interest 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)
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 shall be a credit toward the payment of
in lieu fees at the park land acquisition and development cost per acre used to
develop the in lieu fee.
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 shall be
a credit toward the payment of in lieu fees at the park land acquisition and
development cost per acre used to develop the in lieu fee.
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.
I. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be
paid in lieu of park land dedication, such fee shall be according to a schedule
adopted by City Council resolution.
1�_3�F1/RJR$$ 4
Item 15. - 52 HB -592-
Ordinance No 3960
Land Acquisition Cost Adjustment Challenge. If the subdivider objects to the
parkland acquisition cost per acre used to develop the in lieu fee pursuant to a
schedule adopted by City Council resolution, the subdivider may, as outlined
below, pay for an appraisal of the property to be developed to see if the fair
market value of the land is less than the park land acquisition cost per acre.
Conversely the City retains the ability to increase the in lieu fee in areas where
the fair market value of land exceeds the park land acquisition cost per acre
Fair market value of the land shall be determined by a qualified real estate
appraiser who currently holds the MAI designation from the Appraisal Institute
and has been selected and retained by the City at the expense of the subdivider
("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. (3468-8/00,3562-7/02,3827-4/09,3879-6/10)
If the subdivider objects to the fair market value as determined by the Qualified
Real Estate Appraiser, the subdivider may request an appeal by a hearing officer
within ten (10) days. The hearing officer provided for this appeal process shall
be from a list provided by the Director or one selected by the mutual consent of
the parties. The subdivider shall have the burden of proof in contesting the fair
market value appraisal. All decisions rendered by the hearing officer shall be
final for all purposes, and binding upon the parties If the subdivider does not
request an appeal within ten (10) days, the original decision shall stand, be final
for all purposes, and binding upon the parties If the deadline falls on a weekend
or a holiday, the deadline extends to the next succeeding working day.
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.
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
12-3261/82885 5
HB -593- Item 15. - 53
Ordinance No 3960
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.
1. As determined by the City pursuant to this Section,the subdivider shall:
a Dedicate the land at the time of the recording of the final map or parcel
map, and/or,
b Pay the fees prior to final building permit approval
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. (3562-7/02)
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
6
Item 15. - 54 HB -594-
Ordinance No 3960
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)
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)
Exemptions shall only be granted when the following findings can be made:
(Resolution No 2004-80-9/04)
1 The project meets the minimum on-site private and common open
space requirements; or (Resolution No 2004-80-9/04)
11 The exemption will not individually or cumulatively result in adverse
impacts to public recreational opportunities in the coastal zone; and
(Resolution No 2004-80-9/04)
III The exemption will not individually or cumulatively lead to
overcrowding or overuse of public facilities by the public in any
single area in the coastal zone. (Resolution No 2004-80-9/04)
P. Appeal . 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)
12-3261/82885 7
HB -595- Item 15. - 55
Ordinance No 3960
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) for a 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)
SECTION 2 All other provisions of Chapter 254 not amended by this ordinance remain in
full force and effect
SECTION 3 This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15th day of October . 2012.
VZ
Mayor
ATTEST: INITIA AND AP ROVED:
Q.� ,,/- ,A..,,
City Clerk Director of BuIlding and Planning
REVIE ND APPROVED
APPROVED AS TO FORM:
ty ager
YW-
City%Attorney
12-3261/92985 8
Item 15. - 56 HB -596-
Ord. No. 3960
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on October 01,2012,and was again read to said City Council at a
Regular meeting thereof held on October 15, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Shaw,Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on October 25,2012
In accordance with the City Charter of said City
F OF
Joan L Flynn,City Clerk CV Clerk and ex-officio rk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
HB -597- Item 15. - 57
ORDINANCE NO. 3961
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO THE PAYMENT OF PARK FEE
The City Council of the City of Huntington Beach does hereby ordain as follows.
SECTION 1. Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to delete section 230.20-Payment of Park Fee in its entirety.
SECTION 2 This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15 th day of October , 20 12
VZ
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City ttorney rnv_ - 7--1a
REVI ND APPROVED- INITI T A DAP ROVED:
P,;I�nager Director of Planning and Building
12_3"2/282948 1
Item 15. - 58 HB -598-
Ord. No. 3961
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss:
CITY OF HUNTINGTON BEACH ,)
I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on October 01,2012, and was again read to said City Council at a
Regular meeting thereof held on October 15,2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on October 25,2012
In accordance with the City Charter of said City
Joan L. Flynn,C1- Clerk ClU Clerk and ex-officio (jerk
0 (, Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
HB -599- Item 15. - 59
ORDINANCE NO. 4037
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED DEFINITIONS
(ZONING TEXT AMENDMENT NO. 12-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed
public hearings to consider Zoning Text Amendment No 12-001, which amends Chapter 203 of the
Huntington Beach Zoning and Subdivision Ordinance relating to definitions involving Citywide site
standards; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain
as follows:
SECTION 1. That Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance
titled Definitions is hereby amended to read as set forth in Exhibit A
SECTION 2. All other provisions of Chapter 203 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 3r_(L day of November , 2014.
N1 or
ATTEST: INITIA ,D A APPROVED:
e
C1t 41 lerk Director of P ammng and Building
RE L�DAPPROVED: ROVED AS TO FO
C1 l ger City A7ttc6ey kk,/ _
Exhibit A: Chapter 203
Item 15. - 6011611 HB -600-
EXHIBIT A
Chapter 203 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 104 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
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Paae 1
Item 15. - 62 HB -602-
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
Antenna Height The distance from the property's grade to the highest point of the antenna and its
associated support structure when fully extended
Antenna,Satellite Dish An antenna for the purpose of receiving or transmitting communications to
or from an orbiting satellite
Antenna Whip An antenna and its support structure consisting of a single, slender, rod-like
element which is supported only at or near its base
Approach-Departure Path The flight track of the helicopter as it approaches or departs from a
designated takeoff and landing area, including a heliport, helipad,or helistop
Architectural Projections or Appurtenances Features on a building which provide visual
variation and/or relief but do not serve as interior or exterior living or working space
Area,Net Lot The total horizontal area within the property lines of a parcel of land exclusive of all
rights-of-way or easements which physically prohibit the surface use of that portion of the property
for other than vehicular ingress and egress
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 2
HB -603- Item 15. - 63
Street
-- - - - Area to
= e dG 1- tc
.57 .53
2f gross aer.6 Aet acre 2301
V - - -- -
I
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 Roof
Second Story
First Story
Finished _-- If this basement ceiling is
more than 4TI. f om
Grade Basement average adjoining finished
L Lirade, the basement is
considered a stony.
Basement
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 3
Item 15. - 64 HB -604-
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%
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
7777.
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
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 4
HB -605- Item 15. - 65
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
biuldmg 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 25% or greater over the number
permitted pursuant to the current zoning and general plan designation on the property
Director The Director of Planning and Building or his or her designee.
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 distnct 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
Huntington Beach Zoning and Subdivision Orainance Chapter 203 Page 5
Item 15. - 66 HB -606-
Dwelling,Accessory Unit A fully equipped dwelling unit which is ancillary and subordinate to a
pnncipal dwelling unit located on the same lot in the RL zone Also known as second dwelling unit
or"granny unit"
Dwelling,Multiple Unit.A building or buildings designed with two 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 multifamily
Dwelling,Studio Unit A dwelling unit consisting of one kitchen,one bathroom, and one
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
Emergency Shelter Housing with minimal supportive services for homeless persons that is limited
to occupancy of six months or less by a homeless person No individual or household may be denied
emergency shelter because of an inability to pay
Energy Facility Any public or pnvate 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
thee-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
Feasible Capable of being accomplished in a successful manner within a reasonable period of time,
taking into account economic, environmental, social, and technological factors
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page n
HB -607- Item 15. - 67
FAR cif0.5 - -
qgU
FAR of 10
05511
FP R of 1.5
Floor Area Ratio (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,Existing The surface of the ground or pavement at a stated location as it exists prior to
disturbance in preparation for a project regulated by this ordinance.
Grade,Street The top of the curb, or the top of the edge of the pavement or traveled way where no
curb exists
Guest House Living quarters within a main or an accessory building for the sole purpose of
providing for persons employed on the premises,or for temporary use by guests of the occupants of
the premises Such quarters shall have no kitchen facilities,and shall be limited to one room, no
greater than 500 square feet in size with no more than three plumbing fixtures
Height of Building A vertical dimension measured from the top of the highest roof to the top of the
subfloor/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
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 7
Item 15. - 68 1413 -608-
Heliport An area, either at ground level or elevated on a structure,that is used or intended to be
used for the takeoff and landing of helicopters, and includes some or all the various facilities useful
to helicopter operations, including helicopter parking,waiting room,fueling and maintenance
equipment
Home Occupation.Business activity conducted in a dwelling unit in a residential district that is
incidental to the principal residential use of a lot or site
Hotel Owner/Operator The entity that owns and operates a hotel.If the hotel operator is separate
from the hotel owner both are jointly and severally responsible for ensuring compliance with the
requirements described in this LCP and/or recorded against the property,as well as jointly and
severally liable for violations of said requirements and restrictions
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
Infill Lot Development A lot contiguous to one or more existing single family residential units,
excluding parcels separated by streets, a vacant parcel intended for single family development, or a
parcel with an existing residential structure,which will have 50%or more square footage of
habitable area removed in order to remodel or construct a detached single family unit
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 or
maintained for any purpose except veterinary climes and hospitals For purposes of this section, a
detached single-family residence with a maximum of four dogs shall not be considered a kennel
when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined
in Penal Code Section 365 5,and complies with Section 7 12 160 of the Huntington Beach
Municipal Code
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 peraneter 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)
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 8
HB -609- Item 15. - 69
STREET
(Reversed Comer
Lot
Interior-- - Ittic-riot Interior Cc)mer
Lot" Lot I,,�t - rauQtr Lot
- - - -- Lot- - —
' ` Interior F139 Interior bterior Corner
Ldt Lot .Lot Lot
-- - Lot
"evajis;e�Cormner
L�� _
STREET
fLOT TYPES
Lot, Corner A site bounded by two or more adjacent street Imes that have an angle of intersection
of not more than 135 degrees
Lot Depth The horizontal distance from the midpoint of the front-lot line to the midpoint of the
rear-lot line, or to the most distant point on any other lot line where there is no rear-lot line
Lot,Flag A lot with developable area connected to a street by a narrow strip of land that includes a
driveway
Lot or Property Line,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,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 withm 45 degrees of being parallel to the front lot]me, 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, Side Any lot line that is not a front lot line or a rear lot line
Lot or Property Line, Street A lot line abutting a street
Lot,Reverse Corner A comer lot,the side line of which is substantially a continuation of the front
lot line of the lot to its rear.
Lot, Street-Alley An interior lot having frontage on a street and an alley
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 Imes 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 10
HB -611- Item 15. - 71
Front Lot Libe Front Lot Line
a�
1
Lot Arldth=( +fir}It
Lot Width
Lower Income household A household whose annual income is at or below 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 eight feet m
width and 40 feet in length,built on a permanent chassis, and designed to be a dwellmg with or
without a permanent foundation Manufactured home includes mobilehome
Mezzanine.An intermediate floor within a room containing not more than 33% of the floor area of
the room
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 11
Item 15. - 72 HB -612-
MumWne. maximum
33 pc=nt of floor
=a beloy.
door Below
Mezzanine
Moderate Income household A household whose annual income is at or below 120% 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
Neighborhood Notification Notification process pursuant to Chapter 241 when no entitlements are
required and the use requires such notification as stated in the Zoning and Subdivision Ordinance
Net Site Area See Area,Net Lot
New Well A new well bore or well hole established at the ground surface Rednlling 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 ordmance
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 Parlang 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,
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 12
HB -613- Item 15. - 73
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
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 six feet in any direction or
an area of less than 60 square feet
min min min
10 fL 10 ftm .4 --
I
a
\ Patio Tcrrace
13alctnny
X
meat Yird
Private Opm Space Private Open Space Common Open Space,
Usable Open Space
Oversize Vehicle Any vehicle which exceeds 25 feet in length,seven in width, seven in height,or a
weight of 10,000 pounds,motorized or nonmotorized Oversize vehicle also includes any equipment
or machinery regardless of size
Parldng 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 13
Item 15. - 74 xB -614-
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
Project Any proposal for new or changed use, or for new construction,alteration, or enlargement of
any structure,that is subject to the provisions of this ordinance
Public Property Property dedicated through acquisition or easement for public use which includes
but is not limited to streets, alleys, parks, public right-of-ways, and sidewalks.
Qualifying Senior Resident A person who is 62 years of age or older (Section 512 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 or more existing developed single family residential
properties and is
1 A vacant parcel intended for detached single family development, or
2 A parcel with an existing residential structure which will have 50% or more square
footage of the habitable area removed in order to construct a remodeled or new multistory
detached single family dwelling unit
Resource Protection Area Within the coastal zone,any area that consists of any of the following
wetlands,Environmentally Sensitive Habitat Areas, buffer areas(as these terms are defined in the
Glossary of the City's certified Land Use Plan),and/or land that is zoned Coastal Conservation
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 14
HB -615- Item 15. - 75
Single Ownership Holding record title,possession under a contract to purchase,or possession
under a lease,by a person,firni, 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 nght-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
Specific Plan A plan for a defined geographic area that is consistent with the General Plan and with
the provisions of the California Government Code, Section 65450 et seq (Specific Plans).
Stock Cooperative A corporation formed for the primary purpose of holding title to, either in fee
simple or for a tern 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
Street A public or an approved private thoroughfare or road easement which affords the principle
ineans of access to abutting property,not including an alley
Structure Anything constructed or erected that requires a location on the ground, excluding patios,
walks,access drives,or similar paved areas
Structure,Accessory A structure that is appropriate,subordinate and customarily incidental to the
main structure of the site and which is located on the same site as the main structure, including
swimming pools, garages,gazebos and patio covers
Structure,Minor Accessory An accessory structure that does not exceed 64 square feet in floor
area, 80 square feet in roof area and a height of six feet, including storage sheds,pet shelters,
playhouses, and decorative elements
Supportive Housing Housing with no limit on length of stay that is occupied by the target
population and is linked to on-site or off-site services that assist residents retain the housing,
i nproving his or her health status, and maximizing his or her ability to live and,when possible,
work in the community On-site and off-site services may include,but are not limited to, after-
school tutoring, child care, and career counseling
Takeoff and Landing Area That area of the helicopter facility where the helicopter actually lands
and takes off
Target Population Persons with low income having one or more disabilities, mcluding mental
illness,HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for
services provided under the Lanternan Development Disabilities Services Act(Division 4 5
commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other
populations, adults, families, families with children, elderly persons, young adults aging out of the
foster care system, individuals exiting from institutional settings,veterans,or homeless people
Transitional Housing Buildings configured as rental housing developments, but operated under
program requirements that call for the termination of assistance and recirculation of the assisted unit
to another eligible program recipient at some predetermined future point in time,which shall be no
less than six months
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 15
Item 15. - 76 HB -616-
Transmission Line. An electric power line bringing power to a receiving or distribution substation
Ultimate Right-Of-Way The adopted maximum width for any street,alley, or thoroughfare, as
established by the General Plan, by a precise plan of street, alley, or private street alignment, by a
recorded map, or by a standard plan of the Department of Public Works. Such thoroughfare shall
include any adjacent public easement used as a walkway and/or utility easement
Usable Satellite Signals Satellite signals from all major communication satellites that, when
viewed on a conventional television set, are at least equal in picture quality to those received from
local commercial television stations or by way of cable televisions
Use,Accessory A use that is appropriate, subordinate, and customarily incidental to the main use of
the site and which is located on the same site as the main use.
Value The monetary worth of a structure determined by the valuation figures used by the director
for the purpose of calculating building permit fees.
Vehicle Storage The business of storing or safekeeping of operative and moperative vehicles for
periods of tune greater than a 24 hour period
Very Low Income Household A household whose annual income is at or below 50% of Orange
County median income as defined by the State of California Department of Housing and
Community Development.
Wetbar A fixed installation witlun 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
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% 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 comer lot shall extend to the
rear lot line
Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 16
HB -617- Item 15. - 77
Ord. No. 4037
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on October 20,2014, and was again read to said City Council at a
Regular meeting thereof held on November 3,2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Harper,Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published to the Huntington Beach Fountain valley
Independent on November 13,2014
0
In accordance with the City Charter of said City
Joan L Flynn,City Clerk City Merk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
J
HB -619- Item 15. - 79
ORDINANCE NO. 4038
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TITLED C COMMERCIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 12-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No 12-001,which amends Chapter 211 of the Huntington
Beach Zoning and Subdivision Ordinance relating to development standards affecting Commercial
Districts, and
After due consideration of the findings and recommendations of the Planning Commission and all
other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent
with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows
SECTION 1 That Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance
titled C Coommencal Districts is hereby amended to read as set forth in Exhibit A
SECTION 2 All other provisions of Chapter 211 not modified herein shall remain in full force
and effect
SECTION 3 This ordinance shall become effective immediately 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 3rdday of November ,2014.
Ma r
ATTEST. INITIA D PROVED.
a
City erk Director of Pl `ing�and Building
REVIE APPROVED ROVED AS TO FORM
City e C Attorn y _
Exhibit A Chapter 211
Item 15. - 801126oa HB -620-
EXHIBIT A
iiB -6_i- Item 15. - 81
Chapter 211 C COMMERCIAL DISTRICTS
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 commercial zonmg districts are established by this chapter as
follows
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 class ifications 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
"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
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 1
Item 15. - 82 1 HB -622-
CO, CG, and CV Districts: Land Use Controls
P=Permitted
L=Limited(see Additional Provisions)
PC=Conditional use perrmt approved by Planning Commission
ZA=Conditional use perrmt approved by Zoning Administrator
TU=Temporary use permit
P/U=Requires conditional use permit on site of conditional use
-=Not Permitted
CO CG CV Additional Provisions
Residential (J)(Q)(R)( )
Group Residential PC PC PC
Multifamily Residential - - PC
Public and Semipublic (J)(Q)(R)(V)
Clubs and Lodges P P -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-11 L-11 -
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
Residential Alcohol Recovery, General - PC -
Residential Care, General ZA ZA -
Convalescent Facilities ZA ZA -
Cultural Institutions PC PC PC
Day Care, General L-3 L-3 -
Day Care,Large-Family P P - (Y)
Emergency Health Care L-2 L-2 -
Government Offices P P PC
Heliports PC PC PC (B)
Hospitals PC PC -
Park&Recreation Facilities L-9 L-9 L-9
Public Safety Facilities PC PC PC
Religious Assembly ZA ZA PC
Schools, Public or Private PC PC -
Utilities,Major PC PC PC
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 2
HB -623- Item 15. - 83
Utilities,Minor P P P I (L)
Commercial Uses (J)(Q)(R)
Ambulance Services - ZA -
Animal Sales& Services
Animal Boarding - ZA -
Animal Grooming - P -
Animal Hospitals - ZA -
Animals—Retail Sales - P -
Equestnan Centers(CG Zone) - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings&Loans P P P
With Dnve-Up Service P P P
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
Eating and Drinking Establishments L-4 L-4 L-4
W/Alcohol ZA ZA ZA (N)(Y)
W/Dnve Through - P P
W/Live Entertainment ZA ZA ZA (WXY)
W/Dancing PC PC PC (H)
W/Outdoor Dining ZA ZA ZA (X)(Y)
Food&Beverage Sales - P L-2
W/Alcoholic Beverage Sales - ZA ZA (I)
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
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10 - (Y)
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 3
Item 15. - 84 HB -624-
Personal Services P P P
Research&Development Services L-1 ZA -
Retail Sales - P P (U)(V)
Secondhand Appliances/Clothing - P -
Swap Meets, Indoor/Flea Markets - PC - (T)
Swap Meets,Recurring - ZA -
Tattoo Establishments - PC -
Travel Services P P P
Vehicle Equipment/Sales& Services
Automobile Rentals - L-8 L-8 L-12
Automobile Washing - ZA -
Commercial Parking - ZA ZA (P)
Service Stations - PC PC (E)
Vehicle Equip.Repair - L-5 -
Vehicle Equip. Sales &Rentals ZA ZA - L-12
Vehicle Storage - ZA -
Visitor Accommodations
Bed&Breakfast Inns ZA ZA ZA (K)
Hotels, Motels - PC PC (n
Condominium-Hotel - - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares - PC - (1)(J)
Residential Hotel - PC - (J)
Single Room Occupancy - PC -
Industrial (J)(Q)(R)(V)
Industry, Custom - L-6 L-6
Accessory Uses (J)(V)
Accessory Uses& Structures P/U P/U P/U
Temporary Uses (F)(J)(V)
Animal Shows - TU -
Circus and Carnivals and Festivals - TU -
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 4
HB -625- Item 15. - 85
Commercial Filming,Limited - P P (M)
Real Estate Sales P P P
Retail Sales, Outdoor - TU TU (M)
Seasonal Sales TU TU TU (M)
Tent Event - P -
Trade Fairs - P -
Nonconforming Uses (G)(J)(V)
CO, CG, and CV Districts: Additional Provisions
L-1 Permitted if the space is 5,000 square feet or less, allowed with neighborhood notification
pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet
L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is
5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if
the space exceeds 5,000 square feet (See Section 230 52,Emergency Shelters )
L-3 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 penmit from the Planning Commission if
the space exceeds 2,500 square feet
L-4 Permitted if greater than 300 feet from residential zone or use,if 300 feet or less from
residential zone or use neighborhood notification is required pursuant to Chapter 241
L-5 Only limited facilities are allowed subject to approval of a conditional use permit from
the Zoning Administrator, 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 seven persons employed full time in processing or treating retail products, limited to
those sold on the premises
L-7 Repealed
L-8 On-site storage limited to two rental cars or two cars for lease
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 5,000 square feet or less, allowed with conditional use permit
approval from the Zoning Administrator if space exceeds 5,000 square feet
In addition,personal enrichment uses within a retail building parked at a ratio of one space per 200
square feet, shall require no additional parking provided the use complies with the following
• 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
Huntington Beach Zoning and Suhaivision Ordinance Chapter 211 Page 5
1
Item 15. - 86 xB -626-
• The instruction area does not exceed 75%of total floor area of the personal
enrichment building area
L-11 Permitted if the space is 5,000 square feet or less, allowed with a conditional use permit
from the Zoning Administrator if the space exceeds 5,000 square feet
L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or
display area
L-13 For wireless communication facilities see Section 230 96,Wireless Communication
Facilities All other communication facilities permitted
(A) Reserved
(B) See Section 230 40,Helicopter Takeoff and Landing Areas
(C) Repealed
(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
(1) Only permitted on a major arterial street, and a passive or active outdoor recreational
amenity shall be provided
V) 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 or the Zoning Administrator 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
(K) See Section 230 42, Bed and Breakfast Inns
(L) Collection containers are permitted in all commercial districts, recycling facilities as an
accessory use to a permitted use shall be permitted upon approval by the director with Neighborhood
Notification pursuant to Chapter 241 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 Page 6
HB -627- Item 15. - 87
(1) Retail markets with no more than 10% 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
(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
(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)
(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
(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-onented 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
(X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the
Zoning Administrator Outdoor dmmg without alcohol sales that is 400 square feet or less shall be
permitted without a conditional use permit.If over 400 square feet with no alcohol sales,
neighborhood notification shall be required pursuant to Chapter 241
(I) Neighborhood notification requirements pursuant to Chapter 241
(Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only
at the Pacific City(Downtown Specific Plan District 7)and Waterfront(Downtown Specific Plan
Distnet 9) sites Refer to Downtown Specific Plan (3248-6/95, 3334-6/97,3341-10/96, 3378-2/98,
3482-12/00,3522-2/02, 3553-5/02,3568-9/02,3707-6/05, 3774-9/07, 3848-1/10,3859-2/10)
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 7
Item 15. - 88 HB -628-
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 nght-of-way
and in accordance with definitions set forth in Chapter 203,Definitions.
CO, CG, and CV Districts: Development Standards
Additional
CO CG CV 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 0 (D)(E)(0)
Side(ft) 5 0 0 (F)
Street Side(ft) 10 10 0 (E)
Rear(ft) 5 0 0 (F)
Maximum Height of Structures(ft) 40 50 50 (F)(G)
Maximum Wall Dimensions (N)
Maximum Floor Area Ratio (FAR) 10 15 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 §230 74 (M)
Screening of Mechanical Equipment See§ 230 76 (MI)
Refuse Storage Areas See§230 78
Underground Utilities See Ch 17 64
Performance Standards See§ 230 82
Nonconforming Structures See Ch 236
Signs See Ch 233
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 8
HB -629- Item 15. - 89
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
(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 six 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 six 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
(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 four feet The director may grant exceptions or allow these standards
to be modified for exceptional or unique structures subject to Design Review, Chapter 244
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 9
Item 15. - 90 HB -630-
Maximum Wall Length and Required Break
20ft
a - s Imbroi;on� 1
25 ft. -
&more
� 160
Single Horizontal Offsets: 20 Feet
as . loofL
unbrOkeu wall 2 ft. 201t. Min, 4 �
40FT.
- - � recess
4 -
25 ft. -- 25% of wall
or naore must be varied
~�0
Variable Offsets: 20 Feet and 4 Feet
(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 muumum upper-story setback is required above the second
story along street frontages.
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 10
HB -631- Item 15. - 91
Required Setback
x Mo 5106%without
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% of a building surface may be located at the minimum setback line if
additional landscaping is provided on the site
Min. 40 perdent
of front building
elevation at
setback lime
La - Setbaek line
Building Face at Setback Line
(3707-6/05)
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
A Zoning Administrator Review Projects requiring a conditional use pernut from the Zoning
Administrator,projects on substandard lots, see Chapter 241
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 11
Item 15. - 92 HB -632-
B Design Review Board See Chapter 244
C Planning Commission Projects requiring a conditional use permit from the Planning
Commission, see Chapter 241
D Projects in the Coastal Zone A Coastal Development Permit is required unless the project is
exempt, see Chapter 245 (3522-2/02, 3868-3/10)
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 12
xB -6333- Item 15. - 93
Ord. No. 4038
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-offcio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on October 20,2014, and was again read to said City Council at a
regular meeting thereof held on November 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
I,loan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 13,2014
In accordance with the City Charter of said City
Joan L Flynn.C11y Clerk City Werk and ex-offcio C erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
r
Item 15. - 94 HB -634-
ORDINANCE NO. 4039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TITLED I INDUSTRIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 12-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No 12-001, which amends Chapter 212 of the Huntington
Beach Zoning and Subdivision Ordinance relating to development standards affecting Industrial Districts,
and
After due consideration of the findings and recommendations of the Planning Commission and all
other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent
with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows
SECTION 1 That Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance
titled I Industrial Districts is hereby amended to read as set forth in Exhibit A
SECTION 2. All other provisions of Chapter 212 not modified herein shall remain in full force
and effect
SECTION 3 This ordinance shall become effective immediately 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the_jrCL day of November , 2014
K-
or �
ATTEST INITIATED AND APPROVED
v �l
C lerk Director of I3lanning and Building
REVIE i APPROVED PROVED AS TO FO ,
City er ity Att ey• a i1A
Exhibit A Chapter 212
144361/112605
HB -635- Item 15. - 95
EXHIBIT A
Item I5. - 96 HA -636-
Chapter 212 I INDUSTRIAL DISTRICTS
212.02 Industrial Districts Established
Two industrial zoning districts are established by this chapter as follows
A The IG General Industrial District provides sites for the full range of manufacturing, industrial
processing,resource and energy production, general service, and distribution
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
In the following schedules,letter designations are used as follows
"P" designates use classifications permitted in the I 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
"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
"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 requirements following the schedule or located elsewhere in tlus zoning code Where
letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use
classifications under the heading
IG and IL Districts: Land Use Controls
P=Permitted
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 1
xB -637- Item 15. - 97
Additional
IG IL Provisions
Residential
Group Residential PC PC (1)
Public and Semipublic (A)(L)
Community and Human Service Facilities P P (K)
Day Care, General ZA ZA
Heliports PC PC (l)
Maintenance& Service Facilities ZA ZA
Public Safety Facilities P P
Religious Assembly ZA ZA
Schools, Public or Private L-6 L-6
Utilities,Major PC PC
Utilities, Minor L-7 L-7 (0)
Commercial Uses (D)(L)
Ambulance Services ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA
Animal Hospitals ZA ZA
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
Eating&Drinking Establishments L-3 L-3
w/Live Entertainment ZA ZA (RXT)
Food & Beverage Sales ZA ZA
Hospitals and Medical Clinics - PC
Laboratories P P
Maintenance&Repair Services P P
Marine Sales and Services P P
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 2
Item 15. - 98 HB -638-
Nurseries P P
Offices, Business&Professional L-1 L-1 (G)
Personal Enrichment L-9 L-9 (T)
Personal Services L-1 L-1
Quasi-Residential PC PC (J)
Research &Development Services P P
Sex-Onented Businesses(regulated by Ch 5 70) L-11 L-11
Sex-Onented Businesses (regulated by Ch 5 60) PC PC (Q)
Swap Meets, Indoor/Flea Markets PC PC (P)
Vehicle/Equipment Sales &Services
Service Stations L-4 L-4
Vehicle/Equipment Repair " P P
Vehicle/Equipment Sales/Rentals L-5 L-5
Vehicle Storage P ZA (I)
Visitor Accommodations ZA ZA
Warehouse and Sales Outlets L-8 L-8
Industrial (See Chapter 204) (B)(L)(M)
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 (S)
Real Estate Sales P P
Trade Fairs P P (E)
Nonconforming Uses (F)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 3
HB -639- Item 15. - 99
IG and IL Districts: Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for
a mixed use project, subject to the following requrrements-
A Minimum site area three acres
B. Maximum commercial space 3 5% of the gross floor area and 50%of the ground floor
area of buildings fronting on an arterial highway
C Phased development 25%of the initial phase must be designed for industrial occupancy
For projects over 500,000 square feet,the initial phase must include five percent of the total
amount of industrial space or 50,000 square feet of industrial space,whichever is greater
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
L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in
a freestanding structure or as a secondary use in a building provided that no more than 20%of the
floor area is occupied by such a use
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
L-5 No new or used automobile,truck or motorcycle retail sales are permitted
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
L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R
districts;recycling operations as an accessory use less than 150 feet from R districts or recycling
operations as a primary use are allowed upon approval of a conditional use permit by the Zoning
Administrator See Section 230 44,Recycling Operations.
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.
L-9 Pennrtted if the space is 5,000 square feet or less, allowed by neighborhood notification
pursuant to Chapter 241 if the space is over 5,000 square feet
L-10 Reserved
L-1 I Allowed subject to the following requirements
A A proposed sex-oriented business shall be at least 500 feet 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 750 feet from another sex-onented business For
purposes of these requirements,all distances shall be measured from the lot line of the
proposed sex-onented business to the lot line of the'sensitive use or the other sex-oriented
business The tern "residential use"means any property zoned RL,RM,RMK RH,RMP, and
any properties with equivalent designations under any specific plan
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 4
Item 15. - 100 HB -640-
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
1 The lot line of any other sex-oriented business within 750 feet of the lot line of
the proposed sex-oriented business, and
2. The lot line of any building used for religious assembly, school, or park and
recreational facility within 500 feet of the lot line of the proposed sex-onented business,
and
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 500 feet of
the lot line of the proposed sex-oriented business
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.
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 10
days of submittal, the director shall determine if the application is complete If the application
is deemed incomplete,the applicant may resubmit a completed application within 10 days
Within 30 days of receipt of a completed application,the director shall determine if the
application complies with the applicable development and performance standards of the
Huntington Beach Zoning and Subdivision Ordinance Said standards include but are not
limited to the following
1 Chapter 203,Definitions, Chapter 212, Industrial Districts, Chapter 230, Site
Standards, Chapter 231, Off-Street Parking and Loading Provisions, Chapter 232,
Landscape Improvements, and Chapter 236,Nonconforming Uses and Structures
2 Section 233 08(B), Signs Signage shall conform to the standards of the
Huntington Beach Zoning and Subdivision Ordinance except
a Such signs shall contain no suggestive or graphic language,photographs,
silhouettes,drawings, statues,monuments, sign shapes or sign projections,or other
graphic representations,whether clothed or unclothed, including without limitation
representations that depict"specified anatomical areas" or"specified sexual
activities", and
b Only the smallest of the signs permitted under Section 233.08(B) shall be visible
from any major,primary or secondary arterial street, such streets shall be those
designated in the circulation element of the General Plan adopted May, 1996,with
the exception of Argosy Drive
3 Compliance with Huntington Beach Municipal Code Chapter 5 70
D The director shall grant or deny the application for a sex-onented 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 promptjudicial review
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 5
HB -641- Item 15. - 101
E Ten working days prior to submittal of an application for a sex-oriented business zoning
permit for staff review, the applicant shall (1)cause notice of the application to be printed in a
newspaper of general circulation, and(2) give mailed notice of the application to property
owners within 1,000 feet of the proposed location of the sex-oriented business, and the City of
Huntington Beach,Department of Community Development by first class mail
The notice of application shall include the following
1 Name of applicant,
2 Location of proposed sex-oriented business, including street address(if known)
and/or lot and tract number,
3 Nature of the sex-oriented business,including maximum height and square
footage of the proposed development,
4 The City Hall telephone number for the Department of Community Development
to call for viewing plans,
5 The date by which any comments must be received in writing by the Department
of Community Development This date shall be 10 working days from staff review
submittal, and
6 The address of the Department of Community Development
F A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a
special sign permit pursuant to Chapter 233
G A sex-oriented business zoning permit shall become null and void one year 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.
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
I A sex-oriented business zoning permit shall lapse if the exercise of rights granted by it is
discontinued for 12 consecutive months
L-12 For wireless communication facilities see Section 230 96, Wireless Communication
Facilities All other communication facilities permitted
(A) Repealed
(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
(C) Accessory office uses incidental to a primary industrial use are limited to 10%of the
floor area of the primary industrial use
(D) Adjunct office and commercial space,not to exceed 25%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
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 6
Item 15. - 102 HB -642-
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
(E) See Section 24122,Temporary Use Permits
(F) See Chapter 236,Nonconforming Uses and Structures
(G) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices,
except for on-site leasing offices,are not permitted in any I District
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%of the total amount of space on the site of the industrial use
(H) 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
(1) The site shall not be located within 660 feet of an R district
(2) All special metal cutting and compacting equipment shall be completely screened from
view
(3) Storage yards shall be enclosed by a solid six-mch concrete block or masonry wall not
less than six feet in height and set back a minimum 10 feet from abutting streets with the entire
setback area permanently landscaped and maintained
(4) Items stacked in the storage yard shall not exceed the height of the screening walls or be
visible from adjacent public streets
(I)Lunited to facilities serving workers employed on-site
(J)Linuted to single room occupancy uses (See Section 230 46 )
(K) Limited to emergency shelters (See Section 230 52,Emergency Shelters)
(L) Development of vacant land and/or additions of 10,000 square feet or more in floor area,
or additions equal to or greater than 50%of the existing building's floor area, or additions to
buildings on sites located within 300 feet of a residential zone or use for a permitted use requires
approval of a conditional use permit from the Zoning Admmistrator 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)
(M) Major outdoor operations require conditional use permit approval by the Planning
Commission Major outside operations include storage yards and uses utilizing more than one-third
of the site for outdoor operation
(N) See Section 230 40,Helicopter Takeoff and Landing Areas
(0) See Section 230 44,Recycling Operations
(P) See Section 230.50,Indoor Swap Meets/Flea Markets
(Q) See L-11(A)relating to locational restrictions
(R) Non-amplified live entertainment greater than 300 feet from a residential zone or use
shall be permitted without a conditional use permit
(S) Subject to approval by the Police Department, Public Works Department, and Fire
Department and the Planning Director
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 7
Hs -6433- Item 15. - 103
(T) Neighborhood notification requirements when no entitlement required pursuant to
Chapter 241 (3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02,3708-6/05, 3724-02/06,3788-12/07,
3843-11/09, 3860-2/10)
212.06 IG and IL Districts—Development Standards
The following schedule prescribes development standards for the I Distracts 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 title 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
IG IL Additional
Requirements
Residential Development (M)
Nonresidential Development
Minimum Lot Area(sq ft) 20,000 20,000 (A)(B)
Mimmum Lot Width(ft) 100 100 (A)(B)
Minimum Setbacks (A)(C)
Front(ft) 10,20 10, 20 (D)
Side(ft) 0 15 (E)(F)
Street Side(fL) 10 10
Rear(ft) 0 0 (E)
Maximum Height of Structures(ft) 40 40 (G)
Maximum Floor Area Ratio(FAR) 075 075
Minimum Site Landscaping(%) 8 8 () (n
Fences and Walls See§ 230 88
Off-Street Parking and Loading See Ch 231 (J)
Outdoor Facilities See § 230 74
Screening of Mechanical Equipment See § 230 76 (K)
Refuse Storage Area See § 230 78
Underground Utilities See Ch 17 64
Performance Standards See § 230 82 (L)
Nonconforming Uses and Structures See Ch 236
Signs See Ch 233
Huntington Beach Zoning and Subdivision Ordinance Cnapter 212 Page 8
Item 15. - 104 HB -644-
IG and IL Districts: Additional Development Standards
(A) See Section 230 62,Building Site Required, and Section 230 64,Development on
Substandard Lots
(B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator
with an approved development plan and tentative subdivision map.
(C) See Section 230 68, Building Projections into Yards and Required Open Space Double-
frontage lots shall provide front yards on each frontage
(D) The minimum front setback shall be 10 feet and the average setback 20 feet, except for
parcels fronting on local streets where only a 10-foot setback is required
All I Districts An additional setback is required for buildings exceeding 25 feet in height(one foot
for each foot of height) and for buildings exceeding 150 feet in length(one foot for each 10 feet of
building length)up to a maximum setback of 30 feet
(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
(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
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 area is provided solely for loading and
unloading entirely within the building
(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.
(H) Planting Areas Required front and street-side yards adjacent to a public nght-of-way
shall be planting areas except for necessary drives and walks A six-foot wide planting area shall be
provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area
(1)See Chapter 232, Landscape Improvements
(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
(K) See Section 230 80,Antennae
(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
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 9
xB -645- Item 15. - 105
previous noise offense,that no outside activities will take place, or if adequate noise mitigation
measures for the development are provided
(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
Planning Department for review Discretionary review shall be required as follows
A Zoning Administrator Review.Projects requiring a conditional use permit from the Zoning
Administrator, projects including a zero-side yard exception, projects on substandard lots
B Design Review Board See Chapter 244
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 (3254-10/94, 3708-6/05, 3869-3/10)
c
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 10
Item 15. - 106 1413 -646-
Ord. No. 4039
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on October 20,2014, and was again read to said City Council at a
regular meeting thereof held on November 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Katapodis,Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 13,2014
In accordance with the City Charter of said City OA W v)Pfv J' XM
Joan L Flynn,CI_ Clerk City Perk and ex-officio C erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
HB -647- Item 15. - 107
ORDINANCE NO. 4040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TITLED SITE STANDARDS
(ZONING TEXT AMENDMENT NO. 12-001)
i
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No 12-001, which amends Chapter 230 of the Huntington
Beach Zoning and Subdivision Ordinance relating to citywide development standards, and
After due consideration of the findings and recommendations of the Planning Commission and all
other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent
with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows
SECTION 1 That Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance
titled Site Standards is hereby amended to read as set forth in Exhibit A.
SECTION 2 All other provisions of Chapter 230 not modified herein shall remain in full force
and effect.
SECTION 3 This ordinance shall become effective immediately 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 3rd day of November ,2014
May'F
AT EST' INIT TED AND APPROVED
Ci lerk DirecVor of fanning and Building
REV AND APPROVED' A VED AS TO FORM'
Ci er < i;tyAA rney tiU.I/-Fa'L
Exhibit A Chapter 230
Item 15. - 1082101 HB -648-
EXHIBIT a�
xu -649- Item 15. - 109
Chapter 230 SITE STANDARDS
Note
* Note §230 06 deleted by Ord. 3724,§230 20 repealed by Ord 3961
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.
Article I. Residential Districts
230.04 Front and Street Side Yards in Developed Areas
Where lots comprising 60% 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 Reserved
230.08 Accessory Structures
For purposes of applying these provisions,accessory structures are inclusive of minor accessory
structures,except where separate provisions are provided in this section.
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.An accessory structure shall be set back five feet from the rear
property line except no setback is required for accessory structures,excluding garages and carports,
which abut an alley
-•-�Beach Zoning and Subdivision Ordinance Chapter 230 Page 1
Item 15. - 110 xB -650-
Minor accessory structures may be located in required side and rear yard setbacks provided that the
structure is located in the rear two-thirds of the lot and a minimum five foot clearance is maintained
between said structure and dwelling if it is located in the required side yard Minor accessory
structures that are decorative such as landscape garden walls,fire pits,freestanding
barbecues/fireplaces, sculptures,and fountains may be located anywhere on the property provided
1 They do not exceed six feet in height or exceed 42 inches in height when located within
the front yard setback, and
2 A minimum five-foot clearance is maintained between said structure and the dwelling if
it is located in a required side yard, and
3 Rock formations shall be set back one foot from the side and/or rear property lines for
each foot of rock formation height,maximum five-foot setback required
VF;' _-
x -
C Maximum Height Fifteen feet, except a detached garage for a single-family or multi-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, including garages,more than four feet in height that are not attached to a dwelling shall
not exceed 600 square feet or 10% of lot area,whichever is more.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Faoa 7
HB -651- Item 15. - 111
E Patio Covers A patio cover open on at least two sides and complying with all other provisions of
this subsection may be attached to a principal structure provided a five-foot clearance to all property
Ines 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 (3710-
6/05)
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 director approval Requests shall be submitted to the director
accompanied by the required Neighborhood Notification, plans and elevations showing the proposed
accessory dwelling and its relation to the principal dwelling, descriptions of building matenals,
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 director shall approve an accessory dwelling unit upon finding that the following
conditions have been met-
1 The dwelling conforms to the design and development standards for accessory dwelling
units established in subsection B of this section and subsection 230 22(A),
2 The accessory unit maintains the scale of adjoining residences and is compatible with the
design of existing dwellings in the vicinity in terns 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 Muumum 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 Rgqured Setbacks Accessory dwelling units shall comply with minimum setbacks of
Chapter 210
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 18(D).
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 matenals, 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.
u+^ ++ 1 reach Zoning and Subdivision Ordinance Chapter 230 Page 3
Item 15. - 112 HB -652-
D Covenant.A covenant with the ownership requirements shall be filed for recordation with the
County Recorder within 3 0 days of Planning Department plan check approval and issuance of
building permits 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 as set by
resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the building
permit (3334-6/97, 3710-6/05)
230.12 Home Occupation in R Districts
A Permit Required A home occupation in an R district shall requu-e a home occupation permit,
obtained by filing a completed application form with the director If the home occupation involves
instruction and/or service,e g, music lessons,beauty shop, swimming lessons,then an
administrative permit is required subject to neighborhood notification in compliance with Chapter
241 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.
3 For home occupations involving instruction and/or service,neighborhood notification
shall be required in compliance with Chapter 241
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, with the
exception of swimming lessons 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 nonresidential purpose, whether by colors,materials, construction, lighting,
windows, signs, sounds or any other means whatsoever
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 4
HB -653- Item 15. - 113
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 Where a home occupation involves swimming instruction in an outdoor swimming pool,
each swimming class shall be limited to four students,and no more than two 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,
and/or all conditions of an administrative permit, shall be revoked by the director after 30 days
written notice unless the home occupation is altered to comply (3710-6/05)
230.14 Affordable Housing Density Bonus
A When a developer of a residential property which is zoned and general planned to allow five or
more dwelling units proposes to provide affordable housing,he or she may request a density bonus
and incentives or concessions 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 Affordabihty Requirements
l Percentage of Affordable Units Require To qualify for a density bonus and incentives
or concessions,the developer of a residential project shall elect at least one of the followmg
a Provide at least 10% of the total units of the housing development for lower
income households,as defined in Health and Safety Code Section 50079.5, or
b Provide at least five percent of the total units of the housing development for
very low income households, as defined in Health and Safety Code Section 50105, or
c Provide a senior citizen housing development as defined in Civil Code Sections
51 3 and 51 12, or mobilehome park that limits residency based on age requirements for
housing for older persons pursuant to Civil Code Sections 798 76 or 799 5, or
d Provide at least 10% of the total dwelling units in a common interest
development as defined in Civil Code Section 1351 for persons and families of moderate
income,as defined in Section 50093 of the Health and Safety Code,provided that all
units in the development are offered to the public for purchase
The density bonus shall not be included in the total number of the housing units when
determining the number of housing units required to be affordable Remaining units may
be rented, sold or leased at"market" rates
2 Duration of Affordabihty
a An applicant shall agree to,and City shall ensure, continued affordability of all
low and very low income units that qualified the applicant for the award of the density
bonus for 30 years or a longer period of time if required by a construction or mortgage
financing assistance program,mortgage insurance program, or rental subsidy program
b Where there is a direct financial contribution to a housing development pursuant
to Government Code Section 65915 through participation in cost of infrastructure, write-
u ^+^^+^^Beach Zoning and,Subdiwsion Ordinance Chapter 230 Page 5
Item 15. - 114 HB -654-
down of land costs, or subsidizing the cost of construction,the City will assure continued
availability for low-and moderate-income units for 30 years The affordability agreement
required by Section 230 14(B)(4) shall specify the mechanisms and procedures necessary
to carry out this section
c An applicant shall agree to, and the City shall ensure that, the initial occupant of
the moderate-income units that are directly related to the receipt of the density bonus in
the common interest development, as defined in Section 1351 of the Civil Code,are
persons and families of moderate income,as defined in Section 50093 of the Health and
Safety Code The City shall enforce an equity-sharing agreement,unless it is in conflict
with the requirements of another public fundmg source of law The following shall apply
to the equity-sharing agreement
i Upon resale,the seller of the unit shall retain the value of any improvements,the
down payment, and the seller's proportionate share of appreciation The City shall
recapture any initial subsidy and its proportionate share of appreciation,which shall
then be used within three years for any of the purposes described in subdivision(e)
of Section 33334 2 of the Health and Safety Code that promote homeownership.
ii The City's initial subsidy shall be equal to the fair market value of the home at
the time of initial sale minus the initial sale price to the moderate-mcome
household,plus the amount of any down payment assistance or mortgage assistance
If upon resale the market value is lower than the initial market value,then the value
at the time of the resale shall be used as the initial market value
iii.The City's proportionate share of appreciation shall be equal to the ratio of the
initial subsidy to the fair market value of the home at the time of initial sale
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 through the developer and the City Said agreement shall be recorded on
the subject property with the Orange County Recorder's Office prior to the issuance of
bwldmg 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 not be limited to,the following items
a The duration of the affordability and the number of 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 ni 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 quahfymg household incomes and standards for
maximum rents or sales prices
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Pane 6
xB -655- Item 15. - 115
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 subsection D of this section unless the City makes a written finding pursuant to
subsection J of this section
C Calculation of Density Bonus.
1 The amount of density bonus to which the applicant is entitled shall vary according to the
amount by which the project's percentage of affordable housing exceeds the percentage
established in subsection B of this section
a For housing developments meeting the low income cntena of subparagraph
230 14(B)(1)(a),the base density bonus of 20% shall be increased by one and one-half
percent for every one percent increase in the percentage of low income units above 10%
The maximum allowable density bonus shall be 35%
b For housing developments meeting the very low income criteria of subparagraph
230 14(B)(1)(b),the base density bonus of 20% shall be increased by two and one-half
percent for every one percent increase in the percentage of very low income units above
five percent The maximum density bonus shall be 35%
c For housing developments meeting the senior citizen housing criteria of
subparagraph 230 14(B)(1)(c), the density bonus shall be 20%
d For housing developments meeting the moderate income cntena of subparagraph
230 14(B)(1)(d),the base density bonus of five percent shall be increased by one percent
for every one percent increase in the percentage of moderate income units over 10% The
maximum density bonus shall be 35%
2 All density calculations resulting in fractional units shall be rounded up to the next whole
number The granting of a density bonus shall not be interpreted, in and of itself, to require a
general plan amendment, local coastal plan amendment, zoning change,or other discretionary
approval As used in subsection B of this section,"total units" does not include units permitted
by a density bonus awarded pursuant to this section
3 The developer may request a lesser density bonus than the project is entitled to, but no
reduction will be permitted in the number of required affordable units pursuant to paragraph
230 14(B)(1)
4 Reductions in Density Within the Coastal Zone.In reviewing residential development
application for low-and moderate-income housing, as defined in Government Code Section
65589 5(h)(3),the City may not require measures that reduce residential densities below the
density sought by an applicant if the density sought is within the permitted density or range of
density established by local zoning plus the additional density permitted under Government
Code Section 65915, unless the City makes a finding, based on substantial evidence in the
record,that the density sought by the applicant cannot feasibly be accommodated on the site in
a manner that is in conformity with the certified Local Coastal Program
D Incentives and Concessions
1 Types of Incentives or Concessions. The City shall grant an incentive or concession to
the developer.An incentive or concession includes, but is not limited to,the following
Beach Zoning and Subdivision Ordinance Chapter 230 Page 7
Item 15. - 116 HB -656-
a. A reduction in site development standards or modification of zoning code
requirements or architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901)of Division 13 of the Health and Safety Code,
including,but not limited to, a reduction in setback and square footage requirements and
in the ratio of vehicular parking spaces that would otherwise be required that results in
identifiable, financially sufficient, and actual cost reductions
i At the request of the developer,the City will permit a vehicular parking ratio,
inclusive of handicapped and guest parking, for a development meeting the criteria
of subsection B of this section at ratios that shall not exceed
(A) Zero to one bedroom one onsite parking space
(B) Two to three bedrooms two onsrte parking spaces
(C) Four or more bedrooms:two and one-half onsrte parking spaces
u If the total number of parking spaces required for a housing development is other
than a whole number,the number shall be rounded up to the next whole number
For purposes of this section only, a housing development may provide on-site
parking through tandem parking or uncovered parking but not through on-street
parking
b 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
c Other regulatory incentives or concessions proposed by the developer or the City
that result in identifiable,financially sufficient,and actual cost reductions
2 Number of Incentives and Concessions An applicant for a density bonus shall receive the
following number of incentives or concessions
a. One incentive or concession for projects that included at least 10% of the total
units for lower income households, at least five percent for very low income households,
or at least 10% for persons and families of moderate income in a common interest
development
b Two incentives or concessions for projects that include at least 20% of the total
units for lower income households, at least 10% for very low income households, or at
least 20% for persons and families of moderate income in a common interest
development
c Three incentives or concessions for projects that include at least 30%of the total
units for lower income households, at least 15% for very low income households, or at
least 30% for persons and families of moderate income in a common interest
development
3 Requirements for Incentives and Concessions Within the Coastal Zone Within the
coastal zone, any incentive or concession or combination of incentives and concessions must
be consistent with the requirements of the certified land use plan
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Paoe 8
113 -657- Item 15. - 117
E Waiver or Reduction of Development Standards An applicant may submit to the City a
proposal for the waiver or reduction of development standards The applicant shall show that the
waiver or modification is necessary to make the housing units economically feasible
F Donation or Transfer of Land A developer may donate or transfer land in lieu of constructing
the affordable units within the project pursuant to Government Code Section 65915(h)
G Child Care Facilities.
1 When a developer proposes to construct a housing development that includes affordable
units that conform to subsection B of this section and includes a child care facility that will be
located on the premises of, as part of, or adjacent to the housing development,the City shall
grant either of the following
a An additional density bonus that is an amount of square feet of residential space
that is equal to or greater than the amount of square feet in the child care facility
b An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the child care facility
2 A housing development shall be eligible for the density bonus or concession described in
this section if the City makes all of the following findings
a The child care facility will remain in operation for a period of time that is as long
as or longer than the period of time during which the density bonus units are required to
remain affordable pursuant to paragraph(B)(2) of this section.
b Of the children who attend the child care facility,the percentage of children of
very low income households, lower income households, or moderate income households
shall be equal to or greater than the percentage of dwelling units that are required to be
affordable to very low income households, low income households,or moderate income
households
3 "Child care facility," as used in this section,means a child day care facility other than a
family day care home, including,but not limited to, infant centers,preschools,extended day
care facilities, and school age child care centers
H.Procedure
1 In addition to submitting all documentation required to apply for a conditional use permit,
a developer requesting a density bonus pursuant to this section shall include the following in
the written narrative supporting the application
a. A general description of the proposed project,general plan designation,
applicable zoning,maximum possible density permitted under the current zoning and
general plan designation and such other information as is necessary and sufficient The
property must be zoned and general planned to allow a minimum of five units to qualify
for a density bonus
b A statement detailing the number of density bonus units being proposed over and
above the number of units normally permitted by the applicable zoning and general plan
designations
c A description of the requested incentive or concessions that the developer
requests.
d A calculation of the density bonus allowed.
--+ -ri Beach Zoning and Subdivision Ordinance Chapter 230 Page 9
Item 15. - 118 HB -658-
2 All subsequent City review of and action on the applicant's proposal for a density bonus
and/or consideration of any requested incentives or concessions shall occur in a manner
concurrent with the processing of the conditional use permit and any other required
entitlements,if any If the developer proposes that the project not be subject to impact fees or
other fees regularly imposed on a development of the same type, final approval will be by the
City Council
3 The Planning Commission/City Council shall review the subject affordability agreement
concurrently with the development proposal No project shall be deemed approved until the
affordability agreement has been approved by the City Council
4 The Planning Commission/City Council may place reasonable conditions on the granting
of the density bonus and any other incentives as proposed by the applicant, however, such
conditions must not have the effect, individually or cumulatively, of impairing the objective of
California Government Code Section 65915 et seq, and this section, of providing affordable
housing for qualifying residents
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
I Required Findings for Approval
1 Densi1y 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 dram 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 surroundmg 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 be consistent with the requirements of the certified land use plan and will not
result in the fill,dredge, or diking of a wetlands
J. Required Finding for Denial
1 Concessions or Incentives. The City shall grant the concession or incentive requested by
the applicant unless the City makes a written finding, based upon substantial evidence, of one
or more of the following
a The concession or incentive is not required in order to provide affordable housing
costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units to be set as specified in California Government Code Section 65915(c)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Paae 10
HB -659- Item 15. - 119
b The concession or incentive would have a specific adverse impact,as defined in
paragraph(2) of subdivision(d) of California Government Code Section 65589 5, upon
public health and safety or the physical environment or on any real property that is listed
in the California Register of Historical Resources and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without rendering
the development unaffordable to low and moderate-income households
c The concession or incentive is inconsistent with the requirements of the certified
Land Use Plan.(3710-6/05,3764-3/07, Res 2009-36-9/09)
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 locatmonal 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,
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 unmt'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 two inches vertical rise per 12
inches horizontal distance,with cave overhangs a mmunum 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,
u„^«,^ -i Beach Zoning and Subdivision Ordinance Chapter 230 Page 11
Item 15. - 120 1413 -660-
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 m 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
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 00 for the sales office and$1,000.00 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 (3525-2/02)
230.20 Reserved
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 terns
of an existing development agreement Infill development site plans and building design shall be
harmonious and compatible with streets,driveways,property Imes, 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 Planning and Building shall
cause all requests for entitlements, plan check and issuance of building permits for residential mfill lot
development to be reviewed in accordance with these requirements
A Privacy Design Standards
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 pan,- 12
HB -661- Item 15. - 121
I New residences and accessory dwelling units 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
2 Minimize the canyon effect between houses by clipping roof elevations on side yards
Provide roof line variations throughout a multi-dwelling infill development
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.
B Noise Considerations 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
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 director and the City Engineer that
the additional fill is not detrimental to surrounding properties in terms of compatibility and
drainage issues.
D Public Notification Requirements
1 Ten working days prior to submittal for plan check(plan review)the applicant shall give
notice of the application to adjacent property owners and the City of Huntington Beach,
Department of Planning and Building by first class mail The notice of application shall
include the following
a. Name of applicant,
b Location of planned development, including street address (if known) and/or lot
and tract number,
c Nature of the planned development, including maximum height and square
footage of each proposed infill dwelling unit,
d The City Hall telephone number for the Department of Planning and Building to
call for viewing plans,
e The date by which any comments must be received in writing by the Department
of Planning and Building.This date shall be 10 working days from plan check(plan
review) submittal, and
f The address of the Department of Community Development
2 The applicant shall submit a copy of each notice mailed and proof of mailing of the
notice(s)when submitting the application for plan check(plan review) The adjacent property
owners shall have 10 working days from plan check(plan review)submittal to provide
comments regarding the application to the director All decisions of the director regarding the
application shall be final. (3301-11/95, 3710-6/05)
ufig ' i Beach Zoning and Subdivision Ordinance Chapter 230 Page 13
Item 15. - 122 HB -662-
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 J
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
Maxunum height
Dwellings 30 ft., max 2 stones except 3rd level permitted
<500 sq ft.,nun. 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) loft
Garage 18 ft
Upper story Upper story setback shall be vaned
Side 8 ft aggregate, mm 3 ft, 0 ft permitted with mm 8
ft on other side
Street side 10 ft, includes nun 4 ft. landscape lettered lot(6 ft
between bldg. and prop. line)
Rear
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Pane 14
HB -663- Item 15. - 123
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) 07
Minimum interior garage Min 400 sq ft
Dimension(width x depth) Min 18 fL wide
Minimum building separation to accessory building 6 ft
Open space
Common recreational area(project) Projects of 20 units or more- 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
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 street
side of curb is encouraged, however shall not
encroach into the min 24-foot-wide drive aisle See
Ch 232,Landscaping
" n Beach Zoning and Subdivision Ordinance Chapter 230 Page 15
Item 15. - 124 xB -664-
230.26 Affordable Housing
A Purpose
1. The purpose and intent of this chapter is to implement the goals, objectives and policies
of the City's Housing Element It is intended to encourage low and moderate income housing,
which is integrated,compatible with and complements adjacent uses,and is located in close
proximity to public and commercial services
2 The affordable housing program is one tool the City utilizes to meet its commitment to
provide housing affordable to all economic sectors,and to meet its regional fair-share
requirements for construction of affordable housing
3 As a result of being located within a redevelopment area and/or specific plan area,
additional restrictions or requirements may apply
B Applicability This section shall apply to new residential projects three or more units in size
1. A minimum of 10% of all new residential construction shall be affordable housing units
The whole number established by dividing the total unit count proposed by 10 shall be
affordable housing units unless paragraph(B)(4)of this section applies Any fractional amount
may be paid with an equivalent in-lieu fee
2 Rental units included in the project shall be made available to low-income households as
defined by Health and Safety Code Section 50079 5, or a successor statute Rental units
included in the project may be made available to moderate income households as defined by
Health and Safety Code Section 50093, or a successor statute if the moderate income units are
located on-site within the project
3 For sale units included in the project shall be made available to moderate income
households, as defined by Health and Safety Code Section 50093, or a successor statute
4 Developers of residential projects consisting of 30 or fewer units may elect to pay a fee in
lieu of providing the units on-site to fulfill the requirement of this section, unless the affordable
housing requirement is outlined as part of a specific plan project
5 Developers of residential projects may elect to provide the affordable units at an off-site
location pursuant to subsection B of this section unless otherwise outlined as part of a specific
plan project If affordable units are off-site,they must be under the full control of the applicant,
or other approved party
6 New residential projects shall include construction of an entirely new project or new units
added to an existing project For purposes of detennming the required number of affordable
housing units,only new units shall be counted
C ]Fees in Lieu of Construction
1 Fees paid to fulfill the requirements of this section shall be placed in the City's affordable
housing trust fund,the use of which is governed by subsection E of this section
2 The amount of the in-lieu fees shall be calculated using the fee schedule established by
resolution of the City Council
3 One hundred percent of the fees required by this section shall be paid pnor to issuance of
a building permit.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 PLInp 15
HB -665- Item 15. - 125
4 Fees paid as a result of new residential projects shall be based upon the total number of
the new residential units which are to be constructed
D Off-Site Construction of Affordable Units Except as may be required by the California Coastal
Act and/or the Government Code Section 65590 or a successor statute, developers may provide the
required affordable housing off-site, at one or several sites,within the City of Huntmgton Beach
1. Off-site projects may be new construction or substantial rehabilitation, as defined by
Government Code Section 33413 affordable housing production requirements, of existing non-
restricted units conditioned upon being restricted to long-term affordability At risk units
identified in the Housing Element or mobile homes may be used to satisfy this requirement
2 All affordable off-site housing shall be constructed or rehabilitated prior to or
concurrently with the primary project Final approval(occupancy) of the first market rate
residential unit shall be contingent upon the completion and public availability,or evidence of
the applicant's reasonable progress towards attainment of completion,of the affordable units
E Miscellaneous Provisions
1 The conditions of approval for any project that requires affordable units shall specify the
following items
a The density bonus being provided pursuant to Section 230 14,if any,
b. The number of affordable units,
c The number of units at each income level as defined by the Health and Safety
Code, and
d A list of any other incentives offered by the City
2 An affordable housing agreement outlining all aspects of the affordable housing
provisions shall be executed between the applicant and the City and recorded with the Orange
County Recorder's Office, or the applicable m-lieu fee shall be paid in full,prior to issuance of
the first building permit
3 The agreement shall specify an affordability term of not less than 55 years for rental
housing or 45 years for ownership housing
4 All affordable on-site units in a project shall be constructed concurrently with or prior to
the construction of the primary project units unless otherwise approved through a phasing plan
Final approval(occupancy)of the first market rate residential unit shall be contingent upon the
completion and public availability, or evidence of the applicant's reasonable progress towards
attainment of completion, of the affordable units
5 All affordable units shall be reasonably located throughout the project unless otherwise
designed through a master plan, shall contain on average the same number of bedrooms as the
market rate units in the project, and shall be comparable with the market rate units in terms of
exterior appearance, materials and finished quality.
6 Affordable housing trust funds shall be used for projects which have a minimum of 50%
of the dwelling units affordable to very low-and low-income households,with at least 20%of
the units available to very low-income households Concurrent with establishing the annual fee
schedule pursuant to subsection C of this section,the City Council shall by resolution set forth
the permitted uses of affordable housing trust funds All units that obtain affordable housing
trust funds shall maintain the affordability of the units for a minimum of 55 years The funds
Hi inlinn`nn Beach Zoning and Subdivision Ordinance Chapter 230 Page 17
Item 15. - 126 HB -666-
may, at the discretion of the City Council,be used for pre-development costs, land or air rights
acquisition, rehabilitation, land write downs,administrative costs, gap financing, or to lower
the interest rate of construction loans or permanent financing
7 New affordable units shall be occupied in the following manner
a If residential rental units are being demolished and the existing tenant(s)meets
the eligibility requirements, he/she shall be given the right of first refusal to occupy the
affordable unit(s), or
b If there are no qualified tenants, or if the qualified tenant(s)chooses not to
exercise the right of first refusal, or if no demolition of residential rental units occurs,
then qualified households or buyers will be selected
F Price of Affordable Units Affordable housing cost shall be calculated in accordance with Health
and Safety Code Section 50052 5 standards for ownership units and Health and Safety Code Section
50053 standards for rental units This methodology is fully described in the City's adopted housing
policies
G Reduced Fees for Affordable Housing Projects that exceed inclusionary requirements on-site
will be eligible for reduced City fees,pursuant to an affordable housing fee reduction ordinance,
upon adoption by the City Council
H Annual Program Review and Periodic Adjustment of the Fee Within 180 days after the last
day of each fiscal year,the City Council shall review the status of the City's affordable housing trust
fund, including the amount of fees collected, expenditures from the affordable housing trust fund,
and the degree to which the fees collected pursuant to this chapter are assisting the City to provide
and encourage Iow and moderate income housing The fee shall be updated annually using the Real
Estate and Construction Report published by the Real Estate Research Council of Southern
California. The fee change shall be based on the percentage difference in the new home prices in
Orange County published in the fourth quarter report for the then current year versus the
immediately preceding year (3687-I2/04,3827-4/09, 3829-6/09,3879-6/10)
230.28 Reserved
230.30 Reserved
Article II. Nonresidential Districts
230.32 Service Stations
The following supplemental development standards shall apply to the service station use classification
A Minimum parcel size 22,500 square feet
B Minimum frontage 150 feet and located at the intersection of arterial highways
Huntington Beach Zoning and Subdivision Orainance Chapter 230 Paoe 18
1`113 -667- Item 15. - 127
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 three 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%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 three-foot wide planter(inside dimension)along interior property Imes 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
a Pump island 20 feet
b Canopy 10 feet with ground clearance of 12 feet
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 four feet wide inay be
maintained at each pump island of a service station and a single tire storage display no more than
eight 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 three feet of the principal building,and
shall be lunited to one per street frontage Outside storage of motor vehicles for more than 24 hours
(seven 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
LI-1 1 1 Beach Zoning and Subdivision Ordinance Chapter 230 Page 19
Item 15. - 128 HB -668-
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 onginal 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, cleanmg 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 inpermanent buildings except as
otherwise provided by this code
230.36 Transportation Demand Management
A Purpose and Intent It is the purpose and uitent to implement the requirements of Governinent
Code Section 65089 3(a)(2),to nutigate 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
Alternative Transportation Mode Any mode of travel that serves as an alternative to the single
occupant vehicle This can include all forms of ndesharing,public transit,bicycling or walking
Building Size The total gross floor area measured in square feet of a building or group of buildings
at a worksrte Includes the total floor area of both new development and existing facilities
Carpool Two to sic persons traveling together in a single vehicle
Employee.Any person employed by a finm,person(s),business, educational institution, non-profit
agency or corporation, government agency,or other entity which employs 100 or more persons at a
single worksrte "Employee" shall include persons employed on a full-tune, part-tune, or temporary
basis
Employer 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 worksrte on a full-and/or part-tune/temporary basis
Mixed Use Development New development projects that integrate any one of these land uses with
another residential, office, commercial,industrial and business park
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 pnMA 9n
HB -669- Item 15. - 129
Tenant The lessee of facility space at a development project who may also serve as an employer
Transportation Demand Management(TDM) 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
Vanpool A vehicle occupied by seven or more persons traveling together
Worksrte 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 paragraph 4 of this subsection 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 paragraph 1 of this subsection, 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 director 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,
b Building sizes shall be considered equivalent to the 100 employee threshold as
follows
Building Size(in Sq.Ft.)
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 12
Resort Hotel 100,000
Mixed or Multiple Use
Warehouse 100,000
Hiintinrt+nn Beach Zoning and Subdivision Ordinance Chapter 230 Page 21
Item 15. - 130 HB -670-
* 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"
Type of Use Percent of Total Parlung Devoted
to Employee Carpool Parking
Office Professional 13%
Hospital and MedicaUDental 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 one for every 20 employees
b. Separate shower facilities shall be provided at a minimum rate of two per 100
employees.
3 Bicycle Parkin
a Bicycle parking facilities shall be provided at the minimum rate of one 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-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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 pa"P 99
HB -67 1- Item 15. - 131
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 ndeshare vehicles
and public transportation shall be provided as follows
a Passenger loading area shall be large enough to accommodate the number of
wanting vehicles equivalent to one percent 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 Velucles 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 one percent 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 mmunum
seven-foot-two-inch 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 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 The followmg conditions shall apply
A Neighborhood Notification Submit a request to the director with neighborhood notification
pursuant to Chapter 241
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 Fours 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 electromc game
machine during the hours the public schools of the district in which the center is located are in
session, or after 9 00 p in. on nights preceding school days, or after 10 00 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
Beach Zoning and Subdivision Ordinance Chapter 230 Page 23
Item 15. - 132 HB -672-
D Locatronal 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 director 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 (3710-6/05)
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
l 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
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 Imes shall be as follows
a Takeoff and landing area 50 feet,
b Helicopter maintenance facilities 25 feet,
c Administrative or operations building: 15 feet
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Paoe 24
HB -673- Item 15. - 133
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
D Application Requirements The following additional information shall be submitted with a
conditional use permit application.
1 An area map, at a scale of V= 800' showing existing land use within a two-imle 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 (3710-6/05)
230.42 Bed and Breakfast Inns
A Permit Required The Zoning Administrator may approve a conditional use permit for a bed and
breakfast inn in any C District and RNM A District after a duly noticed public hearing upon finding
that
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 Sinus 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 two square feet identifying
--Beach Zoning and Subdivision Ordinance Chapter 230 Page 25
Item 15. - 134 HB -674-
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 (3710-6/05)
230.44 Recycling Operations
Collection containers shall be permitted for charitable organizations such as Goodwill 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 person shall be permitted to reside in any unit, excluding the
manager's unit and up to 25% of the total number of units which have double occupancy
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, overught 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 thud party and submitted to the City of Huntington Beach as part of the
annual review
4. An on-site 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
5 Rental procedures shall allow for monthly tenancies only, deposit requirements shall be
specified
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 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
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 venfication
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 PaoP 26
HB -675- Item 15. - 135
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
B Unit Requirements
1 Minimum unit size shall be 250 square feet except double occupancy units shall be a
minimum of 400 square feet
2 Maximum unit size shall be 300 square feet excluding manager's unit and double
occupancy units
3 Each unit shall contain a kitchen and bathroom
a Kitchens shall contain a sunk with garbage disposal, counter top (minimum 16"x
24"),refrigerator, and stove/oven unit and/or microwave,
b If stoves/oven units are not provided in each unit,then stoves/oven units shall be
provided in a common kitchen area(s)
c Bathrooms shall contain a lavatory,toilet, and shower or bathtub
d Each unit shall have a minimum 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 400 square feet
b For projects exceeding 30 units, an additional 10 square feet of recreational space
per unit is required
Units that are 400 square feet or greater shall have a minimum of 15 square feet of
recreational space per unit
c Common recreational space may be indoor or outdoor provided there is at least
40% allotted toward indoor space and 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 200 square feet in size and has no less than a 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
4 Mailboxes shall be provided for each unit located near the lobby in plain view of the
entry desk
5 Handicap access facilities shall be as required by applicable state or local law
6 At least one handicapped accessible unit shall be required for every 20 units
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
8 A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot
and cold water on every floor shall be provided on every floor
9 Storage Lockers
i Beach Zoning and Subdivision Ordinance Chapter 230 Page 27
Item 15. - 136 HB -676-
a Storage lockers shall be provided in a secured area
b The cumulative total of locker space shall be no less than a ratio of 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
11 Bicycle stalls shall be provided at a minimum of one stall per five units in a secured and
enclosed and covered area
12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-
story projects
13 A minimum of two pay telephones shall be provided in the lobby area The telephone
service shall only allow outgoing calls
14 Phonejack(s) shall be provided in each unit
15 A shipping and receiving/maintenance garage shall be provided near a convenient
vehicular access on the ground floor (3494-5/01)
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 tune 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 DensitL//Ridm Areas Maximum density for horse facilities shall be determined by the
following criteria
a Maximum density shall be 25 horses per acre
b Minimum riding area shall be 5,000 square feet per 15 horses For facilities with
over 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 15 horses
c Exercise rings shall have no dimension less than 30 feet.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Pan=�18
xB -677- Item 15. - 137
d The minimum arena size shall be 10,000 square feet with no dimension less than
80 feet
3 Maximum Building Height Maximum building height shall be 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
residential zone or use 300 feet
5 Corral Design Corrals designed for one horse shall comply with the following
requirements Corrals designed for more than one horse shall provide a mimmum area per
horse as indicated below.All corrals, racks and stalls shall be of compatible design,materials
to be approved by the fire department
a Corral size 288 square feet, minunum 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 12 feet
6 Wash Rack One wash rack per 35 horses or fraction thereof shall be provided subject to
the following requirements Wash racks designed for more than one horse shall provide a
mmunum area per 35 horses as indicated below
a Individual wash racks shall be six by eight 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
^+ Beach Zoning and Subdivision Ordinance Chapter 230 Page 29
Item 15. - 13 8 HB -678-
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 grams 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 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
gradmg 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
4 A permanent single family residence shall be provided on the site with a watchman on
duty 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 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
9 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 departrnent
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-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 m Chapter 232, shall be provided except that the minimum
landscaped area-required shall be a 10-foot wide(inside dimension)planter along all property
lines
Huntington Beach Zoning and Subdivision Ordinance Chapter 230
pnmP'In
HB -679- Item 15. - 139
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 Zoning Administrator for a
period of time not to exceed 10 years One year extension of time may be granted after public
heanng by the Zonmg Admmistrator
B Location Considerations The Zoning Administrator 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
4 The site's proxunity to businesses processing hazardous materials
C Location Criteria Indoor swap meet/flea market uses shall only be allowed on property located
adjacent to artenal streets
D Minimum Building Size Minimum building gross floor area shall be 100,000 square feet
E Miscellaneous Requirements
1 AncillM Uses Ancillary uses may be perimtted 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 Parkin .Parking shall comply with the standards outlined in Chapter 231
230.52 Emergency Shelters
Emergency shelters may be permitted subject to the following requirements
A A single emergency shelter for 50 occupants, or a combination of multiple shelters with a
combined capacity not to exceed 50 occupants, shall be permitted Religious assembly uses within
an industrial zone may establish emergency shelters for up to 30 occupants provided they meet the
minimum development standards of the zone in which they are located
B Stays at the emergency shelter facility shall be on a first-come first-serve basis with clients
housed on-site Clients must vacate the facility by 8 00 a in each day and have no guaranteed bed
for the next night
C Maximum stay at the facility shall not exceed 120 days in a 365-day period.
D A minimum distance of 300 feet shall be maintained from any other emergency shelter, as
measured from the property line
E An on-site client intake and waiting area shall be provided in a location not adjacent to the public
right-of-way, be fully screened from public view, and provide consideration for weather events
Beach Zoning and Subdivision Ordinance Chapter 230 Page 31
Item 15. - 140 HB -680-
including shade and ram cover The waiting area shall contain a minimum area of 10 square feet per
bed
F Any provision of on-site outside storage shall be fully screened from public view
G Exterior lighting shall be provided for the entire outdoor area of the site consistent with the
Huntington Beach Zoning and Subdivision Ordinance
H A minimum of one staff person per 15 beds shall be awake and on duty during facility hours of
operation
I On-site parking shall be provided at the ratio of one space per staff member,plus one space for
every five beds and an additional one-half space for each bedroom designated for families with
children.
J A safety and security plan shall be submitted to the Director of Planning for review and approval
The site-specific safety and security plan shall describe the following
1 Both on and off-site needs,including,but not limited to,the separation of individual male
and female sleeping areas,provisions of family sleeping areas,and associated provisions of
management
2 Specific measures targeting the minimizing of client congregation in the vicinity of the
facility during hours that clients are not allowed on-site Goals and objectives are to be
established to avoid disruption of adjacent and nearby uses
3 Provisions of a system of management for daily admittance and discharge procedures
4 Any counseling programs are to be provided with referrals to outside assistance agencies,
and provide an annual report on a facility's activity to the City
5 Clients are to be appropriately screened for admittance eligibility
6 Refuse collections schedule to provide the timely removal of associated client litter and
debris on and within the vicinity of the facility
K A proposed emergency shelter offering immediate and short-term housing may provide
supplemental services to homeless individuals or families These services may include, but are not
limited to,the following
1 An indoor and/or outdoor recreation area
2 A counseling center forjob placement, educational,health care, legal or mental services,
or similar services geared toward homeless clients
3 Laundry facilities to serve the number of clients at the shelter
4 Kitchen for the preparation of meals
5 Dining hall
6 Client storage area(i e, for the overnight storage of bicycles and personal items) (3 861-
2/10)
230.54 Reserved
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Paae 32
1x13 -681- Item 15. - 141
230.56 Reserved
230.58 Reserved
230.60 Reserved
Article III.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%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
Adnunistrator 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
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
^*^ ^^Beach Zoning and Subdivision Ordinance Chapter 230 Page 33
Item 15. - 142 xB -682-
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 Feet'
Street Side
Front Yard Side Yard Yard ' Rear Yard
Fireplace or chimney 25 2 5b 25 25
1
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 4 2b 4 4b
porches more than 3 feet in height
Bay windows 25 2 5b 25 25
Balconies 3 2b 3 3
Covered patios 0 0 5° 5
Notes
a No individual projection shall exceed 1/3 of the building length,and the total of all projections shall not exceed 2/3 of the
building I ength on which they are located
b A 30-inch clearance from the property line shall be maintained
No 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.
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Paae 34
xB -683- Item 15. - 143
B The differential between top of subfloor and datum shall be a maximum of two feet as determined
by Public Works In the event that any subfloor, stemwall or footing is proposed greater than two
feet above datum,the height in excess shall be deducted from the maximum allowable ridgelme
height
C Lots with a grade differential of three 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 four 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 Withm 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
distracts Sidewalk cafes with alcoholic beverage 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 distracts, but no outdoor preparation of
food or beverages shall be permitted
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 of this section, outdoor
storage and display shall be permitted in conjunction with the following use classifications m
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 Velucle/equipment sales and rentals,provided outdoor storage and display shall be
limited to vehicles, boats, or equipment offered for sale or rent only.
u„^ --n Beach Zoning and Subdivision Ordinance Chapter 230 Page 35
Item 15. - 144 xB -684-
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 (3525-2/02)
230.76 Screening of Mechanical Equipment
A.General Requirement
1 Except as provided in subsection B of this section, 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'condttionmg,refrigeration
equipment, plumbing lines,ductwork, and transformers
2 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 set back 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 nghts-of-way Electrical transformers in a required front or street side yard shall be
enclosed in subsurface vaults or other location approved by the director 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
Refuse storage area screened on three sides by a six-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 pubhe/semipublic uses Locations,horizontal dimensions, and general design
parameter of refuse storage areas shall be as proscribed by the director 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Paoe 36
1x13 -685- Item 15. - 145
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
C Locational Criteria—Satellite Antennae A satellite antenna may be mstalled on a lot in any
zoning district if it complies with the following criteria
1 Number Only one satellite antenna may be permitted on a residential lot
2 Setbacks Interior side and rear property Imes, 10 feet, except that no setback shall be
required m interior side and rear setback areas if the antenna or satellite antenna does not
exceed six 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
3 Maximum Height
a The maximum height of a satellite antenna shall not exceed 10 feet if mstalled on
the ground or the maximum building height for the district in which the satellite antenna
is located,if roof mounted
b The maximum height of an antenna shall not exceed the maximum building
height for the district in which the antenna is located
4 Maximum Dimension The maximum diameter of a satellite antenna shall not exceed 10
feet m all districts with the exception that the diameter may be mcreased m nonresidential
districts if a conditional use permit is approved by the Zoning Admmistrator
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 adjommg properties by walls, fences,buildings, landscape, or combinations thereof not
less than seven feet high so that the base and support structure are not visible from beyond the
boundaries of the site at a height-of-eye six feet or below
6 Undergroundma 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
7 Surface Materials and Fmishes 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
mcapable of receiving signals when installed pursuant to the locational cnteria may be
permitted subject to conditional use permit approval by the Zoning Admmistrator.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,pedestnan or vehicular traffic vision is not obstructed,and upon the findings
contained in Chapter 241 (3334-6/97,3568-9/02)
^�Beach zoning and Subdivision Ordinance Chapter 230 Page 37
Item 15. - 146 HB -686-
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
C Water Quality Every use must comply with rules, regulations and standards of the federal
government, State and Regional Water Quality Control Boards, Orange County Municipal NPDES
stormwater permit(Santa Ana Regional Water Quality Control Board Order No R8-2009-0030,
dated May 22,2009, or any amendment to or re-issuance thereof); the City of Huntington Beach
Municipal Codes, including Chapters 14 24, 14 25, and 17 05, and the California Coastal Act,where
applicable An applicant for a zoning permit,building permit, or a coastal development permit must
demonstrate compliance with aforementioned rules,regulations and standards prior to penmit
approval General Plan and Local Coastal Program goals, objectives and policies shall be
incorporated into water quality management programs prepared for development projects as
applicable and to the maximum extent practicable A Water Quality Management Plan,prepared by
a registered California civil engineer, shall be required for all projects that may adversely impact
water quality(including, but not limited to projects identified in the Orange County Municipal
NPDES stormwater permit as priority development projects and projects creating more than 2,500
square feet of impervious surface that are within 200 feet of, or dram directly to,resource protection
areas, and/or water bodies listed on the Clean Water Act Section 3030(d) list of impaired waters)
D 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
E Archaeological/Cultural Resources.
1 Within the coastal zone, applications for grading or any other development that have the
potential to impact significant archaeological/cultural resources shall be preceded by a coastal
development permit application for implementation of an Archaeological Research Design
(ARD) This is required when the project site contains a mapped archaeological site,when the
potential for the presence of archaeological/cultural resources is revealed through the CEQA
process, and/or when archaeological/cultural resources are otherwise known or reasonably
suspected to be present A coastal development permit is required to implement an ARD when
such implementation involves development(e g, trenching, test pits, etc) No development,
including grading, may proceed at the site until the ARD, as reflected in an approved coastal
development permit, is fully implemented Subsequent development at the site shall be subject
to approval of a coastal development permit and shall be guided by the results of the approved
ARD
2 Archaeological Research Design LARD) The ARD shall be,designed and carried out with
the goal of determining the full extent of the on-site archaeological/cultural resources and shall
include,but not be limited to, postulation of a site theory regarding the archaeological and
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 PAOP'18
1413 -687- Item 15. - 147
cultural history and pre-history of the site, investigation methods to be implemented in order to
locate and identify all archaeological/cultural resources on site(including but not limited to
trenchmg and test pits), and a recognition that alternative investigation methods and mitigation
may become necessary should resources be revealed that indicate a deviation from the initially
espoused site theory.The ARD shall include a mitigation plan based on comprehensive
consideration of a full range of mitigation options based upon the archaeological/cultural
resources discovered on site as a result of the investigation The approved ARD shall be fully
implemented prior to submittal of any coastal development permit application for subsequent
-grading or other development of the site The ARD shall also include recommendations for
subsequent construction phase monitoring and mitigation should additional
archaeological/cultural resources be discovered
3 The ARD shall be prepared in accordance with current professional practice, in
consultation with appropriate Native American groups as identified by the Native American
Heritage Commission(NAHC) and the State Historic Preservation Officer, subject to peer
review, approval by the City of Huntington Beach, and, if the application is appealed, approval
by the Coastal Commission The peer review committee shall be convened in accordance with-
current professional practice and shall be comprised of qualified archaeologists
4 Mitigation Plan The ARD shall include appropriate mitigation measures to ensure that
archaeological/cultural resources will not be adversely impacted These mitigation measures
shall be contained within a Mitigation Plan The Mitigation Plan shall include an analysis of a
full range Of options from m-situ preservation,recovery, and/or relocation to an area that will
be retained in permanent open space The Mitigation Plan shall include a good faith effort to
avoid impacts to archaeological/cultural resources through methods such as,but not limited to,
project redesign, capping, and placing an open space designation over cultural resource areas
5 A coastal development permit application for any subsequent development at the site
shall include the submittal of evidence that the approved ARD, including mitigation, has been
fully implemented The coastal development permit for subsequent development of the site
shall include the iequu'ement for a monitoring plan for archaeological and Native American
monitoring during any site grading, utility trenchmg Or any other development activity that has
the potential to uncover or otherwise disturb archaeological/cultural resources as well as
appropriate mitigation measures for any additional resources that are found The monitoring
plan shall specify that archaeological monitor(s) qualified by the California Office of Historic
Preservation(OHP) standards, and Native American monitor(s)with documented ancestral ties
to the area appointed consistent with the standards of the Native American Heritage
Commission(NAHC) shall be utilized The monitoring plan shall include,but not be limited
to (a)procedures for selecting archaeological and Native American Monitors, (b)monitoring
methods, (c)procedures that will be followed if additional or unexpected
archaeological/cultural resources are encountered during development Of the site including,but
not lumted to,temporary cessation of development activities until appropriate mitigation is
detenumed
6 Furthermore,the monitoring plan shall specify that sufficient archaeological and Native
American monitors must be provided to assure that all activity that has the potential to uncover
or otherwise disturb cultural deposits will be monitored at all times while those activities are
occurring The monitoring plan shall be on-going until grading activities have reached sterile
SOB
" -'-n Beach Zoning and Subdivision Ordinance Chapter 230 Page 39
Item 15. - 148 HB -688-
7 The subsequent mitigation shall be prepared in consultation with Native American
Heritage Commission(NAHC),Native American trial group(s)that have ancestral ties to the
area as determined by the NAHC, and the State Historic Preservation Officer, subject to peer
review
8. All required plans shall be consistent with the City of Huntington Beach General Plan
and Local Coastal Program and in accordance with current professional practice, including but
not limited to that of the California Office of Historic Preservation and the Native American
Heritage Commission,and shall be subject to the review and approval of the City of
Huntington Beach and, if appealed,the Coastal Commission. (3835-7/09, 3903-11/11)
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 mcluding 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 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 m 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 Pang 40
1413 -689- Item 15. - 149
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 tune 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
tune 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 mstall unprovements by a
date certain, said agreement shall be secured by a bond or deposit equal to 150%of the
City's estimate(including inflation estimates)of the required unprovements 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 paragraph 3 of this subsection inay 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 unprovements 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 nonrefundable 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 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
Beach Zoning and Subdivision Ordinance Chapter 230 Page 41
Item 15. - 150 HB -690-
J
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.
l 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 l st
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 10 feet from edge of street
pavement, and shall not encroach into the public right-of-way
2 A minimum of 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$500 00
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 10 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 Imes shall be
measured from the ultimate right-of-way line Diagrams A, B, C and D 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Pace 42
HB -691- Item 15. - 151
I Fences or walls a maximum of 42 inches in height may be located in any portion of a lot,
except screen walls on lots to the RMH-A subdistrict shall be set back a minimum of three feet
from the front property line Fences or walls exceeding 42 inches to height may not be located
in the required front yard, except as permitted elsewhere in this section
2 Fences or walls a maximum of six feet in height may be located in required side and rear
yards, except as excluded in this section Fences or walls exceeding six feet to 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 to 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 feet including retaining wall with the following
i The proposed building materials and design shall be in conformance with the
Urban Design Guidelines
u Extensions to existing wall(s)shall require submittal of engineering calculations
to the Building and Safety Department
iii The property owner shall be responsible for the care and maintenance of
landscape area(s)and wall(s) and required landscape area(s).
iv Approval from Public Works Department
b Exception A maximum two-foot lattice extension(wood or plastic)that is
substantially open may be added to the top of the six foot high wall or fence on the
interior property line without building permits so long as notification to the adjacent
property owners is provided.
3 Fences or walls in the rear yard setback area of a through lot shall not exceed 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 feet,which are perpendicular to and entirely within a side yard
may be constructed to the interior side property line and to within five feet of the exterior side
property line provided they are equipped with a three-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-foot high solid masonry or block wall may be
constructed on the common side or rear property line
6 Only at the time of initial construction of the dwellings and in order to allow variations to
the street scene in R districts, fences or walls exceeding 42 inches in height may be permitted
at a reduced front setback of six feet subject to plan review approval by the director to
conformance with the following criteria
a The reduced setback shall be only permitted for five or more contiguous lots
under the same ownership
b Such walls shall not encroach into the visibility triangular area formed by
measuring seven and one-half feet along the dnveway and 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
u ^'^^'^^Beach Zoning and Subdivision Ordinance Chapter 230 Page 43
Item 15. - 152 H13 -692-
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 feet or less or protects a cut below the
existing grade, such retaining wall may be topped with a six-foot 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 24 inches as measured from the
adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a
total height of 42 inches
d i The maximum height of a retaining wall on the front property line shall be 36
inches as measured from the top of the highest adjacent curb Subject to the
director's approval, a maximum 42-inch high wall or fence may be erected above
the retaining wall with a minimum three-foot setback from the front property line
u In the RMH-A subdistrict,the maximum height of a retaining wall on the front
property line shall be 18 inches as measured from the top of the highest adjacent
curb Subject to the director's approval, a second retaining wall up to 18 inches in
height may be erected above the 18-mch high retaining wall with a minimuin three-
foot front setback A wall or fence up to 42 inches in height may be erected on top
of the retaining wall with the minimum three-foot front setback(see exhibit below)
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e All retaining walls abuttmg a street shall be waterproofed to the satisfaction of
the director
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Pan..44
xB -693- Item 15. - 153
f Retaining wall and fence combinations over eight feet in height shall be
constructed with a variation in design or materials to show the distinction Retaining wall
and fence combinations over six 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 distracts,nine-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
B.Required Walls
1 When office, commercial or industrial uses abut property zoned or used for residential,a
six-foot-high solid six-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 feet at the common property line, subject to the same design standards and
setback requirements as specified for six-foot-high fences
2 Industrial screening walls abutting arterial highways shall be architecturally compatible
with surrounding properties, constructed of a minimum six-inch wide decorative masonry
block, and designed with landscape pockets at 35-foot intervals along the street side sufficient
in size to accommodate at least one 15-gallon tree Approval by the director shall be required
prior to construction of such walls
C Visibility
1. On reverse comer lots and comer lots abutting an alley,no fence,wall or hedge greater
than 42 inches in height may be located within the triangular area formed by measuring 10 feet
from the intersection of the rear and street side property lines(see Diagram C)
2 On comer lots, no fence,wall, landscaping,benming, sign, or other visual obstruction
between 42 inches and seven feet in height as measured from the adjacent curb elevation may
be located within the triangular area formed by measuring 25 feet from the intersection of the
front and street side property lines or their prolongation Trees trammed free of branches and
foliage so as to maintain visual clearance below seven feet shall be permitted(see Diagram A)
3 Visibility of a driveway crossing a street or alley property line or of intersecting
driveways shall not be blocked between a height of 42 inches and seven feet within a triangular
area formed by measuring 10 feet from intersecting driveways or street/alley and driveway
except in situations where the garage is constructed with less than a ten foot setback from the
alley nght-of-way. In those situations the measurement of the visibihty triangle shall start at
each comer or side of the garage door,measured perpendicular to the rear property line, then
--Beach Zoning and Subdivision ordinance Chapter 230 Page 45
Item 15. - 154 HB -694-
measured ten feet away from the edge of the garage door and parallel to the rear property line
(typically the alley right-of-way) The maximum height of any structures or landscapmg
within this triangular zone shall be 42 inches high(see Diagram D)
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Diagram B
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Pang dR
HB -695- Item 15. - 155
FiEIcRS: CORNER LOT
CORNER LOT ItMWOR LOT COWER LOT ABVITINS ALLEY
t
i i I
THROUGH iH OUGH LOT
COR14ER LOT HEIGHT MEASUREMENT OF FENCE OR WALL
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Beach Zoning and Subdivision Ordinance Chapter 230 Page 47
Item 15. - 156 xB -696-
Street or Alley(ROW)
10ft 1Oft
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Garage Dmr
Garage
5ft
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(3334-6/97, 3410-3/99, 3525-2/02, 3710-6/05, 3730-3/06)
230.90 Contractor Storage Yards/Mulching Operation
Contractor 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 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 PnoP 48
HB -697- Item 15. - 157
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 L H 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 Toxic Substances Control 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
n Beach Zoning and Subdivision Ordinance Chapter 230 Page 49
Item 15. - 158 HB -698-
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/her 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 Toxic Substances Control, 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 contammg 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 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 junsdictron 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 (3710-6/05)
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
A Location and Design Criteria Cart and kiosk uses shall conform to the following:
1. No portion of a cart or kiosk shall overhang the property line
2 The cart or kiosk shall not obstruct access to or occupy a parking space,obstruct access
to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 D-9^
HB -699- Item 15. - 159
access to public property or any adjoining property, or interfere with maintenance or use of
street furniture If any existing parking spaces will be displaced or partially or totally blocked
by the proposed cart or kiosk,those spaces must be replaced on-site at a one-to-one(1 1) ratio
3 The cart or kiosk shall not exceed a maximum of four feet m width excluding any wheels,
eight feet in length including any handle, and no more than six feet in height excluding
canopies, umbrellas or transparent enclosures unless a larger size is approved
4 A limit of one cart or kiosk shall be allowed for each commercial business that meets the
above locational and design cntena
B Factors to Consider The following factors shall be considered regarding the location and the
design of cart or kiosk uses including
1 Appropriateness of the cart or kiosk design, color scheme, and character of its location,
2 Appropriateness and location of signing and graphics,
3 The width of the sidewalk or pedestrian accessway,
4 The proximity and location of building entrances,
5 Existing physical obstructions including, but not limited to signposts, light standards,
parking meters, benches,phone booths,newsstands, utilities and landscaping,
6 Motor vehicle activity in the adjacent roadway including but not limited to bus stops,
truck loading zones,taxi stands,hotel zones, passenger loading or parking spaces,
7 Pedestrian traffic volumes, and
8 Handicapped accessibility
C Operating Requirements Provisions and Conditions
1 During hours of operation, the cart or kiosk must remain in the location specified on the
approved site plan
2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles
3 The cart or kiosk operator shall pay all fees and deposits required by the Huntington
Beach Municipal Code prior to the establishment of the use
4 All provisions of the Huntington Beach Municipal Code which are not in conflict with
this section shall apply
5 The prices of items sold from a cart or kiosk must appear in a prominent,visible location
in legible characters.The price list size and location shall be reviewed and approved by the
Planning Director
6 The sale of alcoholic beverages shall be prohibited
7 The number of employees at a cart or kiosk shall be limited to a maximum of two persons
at any one time
8 Fire extinguishers may be required at the discretion of the Fire Department
9 All cart and kiosk uses shall be self contained for water,waste, and power to operate
10 A cart or kiosk operator shall provide a method approved by the Planning Director for
disposal of business related wastes
D Pariang Additional parking may be required for cart or kiosk uses by the Planning Director
n Beach Zoning and Subdivision Ordinance Chapter 230 Page 51
Item 15. - 160 HB -700-
E Review; Revocation The Planning Department shall conduct a review of the cart or kiosk
operation at the end of the first six-month period of operation At that time, if there has been a
violation of the terms and conditions of this section or the approval, the approval shall be considered
for revocation
F Neighborhood Notification Pursuant to Chapter 241 (3249-6/95, 3482-12/00,3525-2/02)
230.96 Wireless Communication Facilities
A Purpose This Section of the Zoning Code is to protect public safety, general welfare,and quality
of life by regulating the location, height and physical characteristics and provide for orderly and
efficient placement of Wireless Communications Facilities in the City of Huntington Beach
Because of the potential negative aesthetic impacts of Wireless Communications Facilities,
including visual blight and diminution of property value,the City endeavors to Iocate antennas
within commercial, industrial and other non-residential zones, screen them from view,and
encourage co-location with other Wireless Communication Facilities However,the Federal
Telecommunications Act, specifically 47 U S C Section 332(c)(7),preempts local zoning where a
Wireless Facility is necessary to remedy a significant gap in the Wireless Provider's service
Consequently,where the City determines that the Facility does not satisfy City planning and zoning
standards, the Wireless Provider may then choose to establish Federal preemption because(i)a
significant gap in wireless coverage exists, and (n)there is a lack of feasible alternative site
locations A myriad of factors are involved in determining if a gap is significant, such as whether
the gap affects a commuter highway, the nature and character of the area and the number of
potential users affected by the alleged lack of service, whether the signal is weak or nonexistent,and
whether the gap affects a commercial district Consequently,the City will require scientific evidence
from an expert in the field demonstrating the existence of a significant gap in service, and a lack of
feasible alternative sites The applicant will be required to pay for the cost of said expert opinion
B Definitions For the purpose of this Section, the following definitions for the following tens
shall apply
1. Accessory Structure Any structure or equipment that is to be located ancillary to an
antenna or antennas in the establishment and operation of a Wireless Communication Facility
2 Co-Location or Co-Located The location or placement of multiple Wireless
Communication Facilities which are either owned or operated by more than one service
provider at a single Iocation and mounted to a common supporting structure, wall or building
3 Completely Stealth Any Wireless Communication Facility that has been designed to
completely screen all aspects of the facility including appurtenances and equipment from
public view Examples of completely stealth facilities may include,but are not limited to,
architecturally screened roof mounted antennas, fagade mounted antennas treated as
architectural elements to blend in with the existing building, church steeples, fire towers, and
flag poles and light standards of a typical diameter
4 Ground Mounted Facility Any wireless antenna that is affixed to a pole,tower or other
freestanding structure that is specifically constructed for the purpose of supporting an antenna
Huntington Beach Zoning and Suboivision Ordinance Chapter 230 D.-F9
HB -701- Item 15. - 161
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)
6 Modified Facility An existing Wireless Communication Facility where the antennas
and/or supporting structure are proposed to be altered in any way from their existing condition,
including like-for-like replacement but excluding co-location
7 Pre-existing Wireless Facility Any Wireless Communication Facility for which a
building pen-nit or conditional use permit has been properly issued prior to the effective date of
this ordinance,including permitted wireless antennas that have not yet been constructed so
long as such approval is current and not expired
8 Public Right-of-Way_ The area across,along,beneath, in, on, over,under,upon, and
within the dedicated public alleys, boulevards, courts, lanes,places, roads, sidewalks, streets,
ways,private streets with public access easements within the City's boundaries,and City
owned properties, as they now exist or hereafter will exist
9 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.
10. Stealth Techniques Any Wireless Communication Facility, including any appurtenances
and equipment,which is designed to blend into the surrounding environment Examples of
Stealth Technique include,but are not limited to, monopalms/monopines
11. 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 but not traffic signals,recreational Facility lighting,or
any other utility which meets the purpose and intent of this definition.
12 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
13 Wireless Communication Facility or Facility or Wireless Antenna.An antenna structure
and any appurtenant facilities or equipment that transmits electronic waves or is used for the
transmission or receipt of signals that are used in connection with the provision of wireless
communication service, including,but not lunited to digital,cellular and radio service
C Applicability This ordinance shall apply to all Wireless Communication Facilities which are
erected, located, placed or modified within the City of Huntington Beach
D Exceptions The following Wireless Communication Facilities shall'be exempt from this
Ordinance
1 Any Facility,which is subject to a previously approved and valid entitlement,may be
modified within the scope of the applicable permit without complying with these regulations
However, modifications outside the scope of the valid entitlement or any modification to an
existing facility that does not have a previously approved and valid entitlement is subject to the
requirements of this ordinance
" -` -`-i Beach Zoning and Subdivision Ordinance Chapter 230 Page 53
Item 15. - 162 1413 -702-
2 Any antenna structure that is one meter(39 37 inches)or less in diameter that is designed
to receive direct broadcast satellite service, including direct-to-home satellite service for
television purposes, as defined by Section 207 of the Telecommunication Act of 1996,Title 47
of the Code of Federal Regulations, and any interpretive decisions thereof
3 Any antenna structure that is two meters (78 74 inches)or less in diameter located in
commercial or industrial zones and is designed to transmit or receive radio communication by
satellite antenna
4. Any antenna structure that is one meter(39 37 inches)or less in diameter or diagonal
measurement and is designed to receive Multipomt Distribution Service,provided that no part
of the antenna structure extends more than five(5)feet above the principle building on the
same lot
5 Any antenna structure used by authorized amateur radio stations licensed by the FCC
E Process to Install and Operate Wireless Communication Facilities
No Facility shall be installed anywhere in the City without first securing either a Wireless Permit or
a Conditional Use Permit as required below
1 Wireless Permit Application The applicant shall apply to the Planning and Building
Department for a Wireless Permit by submitting a completed Wireless Permit Application
("Application") and paying all required fees The Application shall be in the form approved by
the Director, and at a minimum shall provide the following information
a Precise location of the Facility
b Evidence that the Facility is compatible with the surrounding enviromnent or that
the facility is architecturally integrated into a structure
C. Evidence that the facility is screened or camouflaged by existing or proposed
topography,vegetation,buildings or other structures as measured from beyond the
boundaries of the site at eye level(six feet)
d Evidence that the massing and location of the proposed facility are consistent
with surrounding structures and zoning districts.
e Evidence that no portion of the Facility will encroach over property Imes
f Property owner authorization or evidence of fee ownership of property where the
Facility will be installed In the case of City-owned property or any public right-of-way,
the applicant shall provide a license, lease,franchise, or other similar agreement from the
City to place any Facility over,within, on, or beneath City property or right-of-way
g Locations of all other Wireless Antennas within 1,000 feet of a proposed ground
mounted facility Co-location of ground mounted facilities shall be required where
feasible whenever such a facility is proposed within 1,000 feet of any existing Wireless
Antenna.
h Any other relevant information as required by the Director of Planning and
Building.
The Planning and Building Department will initially review and determine if the Application is
complete The City may deem the Application incomplete and require re-submittal if any of
the above information is not provided.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 PanP;a
HB -70-3- Item 15. - 163
2. Director Approval Following submittal of a complete Application,the City will
determine whether the Facility may be approved by the Director or whether a Conditional Use
Permit or other entitlement is required Wireless Permit applications will be processed based
upon the location and type of antennas defined in herem Although said classifications are
assigned at project intake, a re-evaluation of antenna classifications may occur at any point in
the process including at the time of review by the Director,Zoning Administrator,Planning
Commission or City Council
A Facility not subject to any other discretionary approval may be administratively approved by
the Director by issuing a Wireless Permit if it is.
a Co-located on an existing approved Wireless Facility, does not exceed the
existing Wireless Facility heights, and employs Stealth Techniques such that the co-
located Wireless Facility is compatible with surrounding buildings and land uses, or
b A modified Facility that complies with the base district height limit plus up to an
additional 10 feet of height as permitted in Section 230 72 and compatible with
surrounding buildings and land uses by incorporating stealth techniques, or
c A Facility that complies with the base district height limit plus up to an additional
10 feet of height as permitted in Section 230 72, is Completely Stealth and is not ground
or utility mounted
The Director may require conditions of approval of the Facility in order to minimize adverse
health, safety and welfare impacts to the community
A decision of the Director to grant a Wireless Permit shall become final ten(10) days
following the date of the decision unless an appeal to the Planning Commission is filed as
provided in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO)
The Director shall issue findings of approval that the Facility meets the above criteria and is
not a detriment to the health, safety and welfare of the community
3 Zoning Administrator Approval In the event the Director determines that the applicant
does not meet the requirements for Director approval of a Wireless Permit, then the applicant
shall apply for a Conditional Use Permit(CUP)to the Zoning Administrator pursuant to
Chapter 241 of the HBZSO Notwithstanding any other provisions of the HBZSO, any new
ground or utility mounted wireless facilities shall be required to obtain a CUP CUP
applications shall also include the same information required under subsection E 1
The Zoning Administrator may require, as a condition of approval of the CUP that the
applicant minimize significant adverse impacts to the community and public visual resources
by incorporating one or more of the following into project design and construction
a Completely Stealth installations,
b Stealth Techniques,
c Co-location and locating Facilities within existing building envelopes,
d Colonzation or landscaping to minimize visual prominence, and/or
e Removal or replacement of Facilities that are obsolete
-` Beach Zoning and Subdivision Ordinance Chapter 230 Page 55
Item 15. - 164 1413 -704-
Further conditions of approval of a facility CUP may be imposed as provided in Chapter 241
of the HBZSO The Zoning Administrator's decision may be appealed to the Planning
Commission in accordance with Chapter 248 of the HBZSO
4 Design Review Design review shall be required for any Wireless Communication
Facilities pursuant to the HBZSO as well as those located on public right-of-way and on or
within 300 feet of a residential distnct or use in the City
Notwithstanding any other provisions of the HBZSO,design review is not required for
Wireless Communication Facilities that may be approved by the Director pursuant to
subsection E 2(Director Approval) above and have all appurtenant facilities and equipment
located underground or within an existing building or existing enclosure
F Applicant May Assert Federal Preemption At Time of Appeal To Planning Commission
1 If the decision on the Wireless Permit or Conditional Use Permit is appealed(either by
applicant or an aggrieved party)to the Planning Commission,the Applicant may assert that
Federal Law preempts the City from denying the application because denial would effectively
prohibit Wireless Service The applicant shall pay a Denial of Effective Service appeal fee in
an amount to be established by City Council Resolution,which amount shall be the estimated
cost for the City to retain an independent, qualified consultant to evaluate any technical aspect
of a proposed Wireless Communications Facility, includug, but not limited to, issues
involving whether a significant gap in coverage exists A Denial of Effective Service appeal
inust be submitted prior to the expiration of the appeal period foi a Wireless Permit or
Conditional Use Permit
2 The Director shall establish the form of the Denial of Effective Service appeal At a
minimum, the Applicant shall provide the following information as part of its appeal:
In order to prevail in establishing a significant gap in coverage claim the applicant shall
establish at minimum the following based upon substantial evidence
a Evidence demonstrating the existence and nature of a significant gap in service in
the vicinity of the proposed Facility, including but not limited to whether the gap pertains
to residential in-building, commercial in-building coverage, in-vehicle coverage,and/or
outdoor coverage
b Evidence demonstrating that the applicant has pursued other feasible sites for
locating the Facility, but that they are unavailable on commercially practicable terms
c Evidence demonstrating the radio frequency signal strength transmission
requirements and objectives that the applicant has established for the Southern California
region, and for the City of Huntington Beach
d Radio frequency propagation maps demonstrating actual transmission levels in
the vicinity of the proposed Facility site, and any alternative sites considered
e Radio frequency drive tests demonstrating actual transmission levels in the
vicinity of the proposed Facility site,and any alternative sites considered
f Reports regarding the applicant's monthly volume of mobile telephone calls
completed,not completed,dropped,handed-off,not handed-off, originated and not
originated for the signal area to be covered by the proposed Facility
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 PatlP 55
HB -705- Item 15. - 165
g Any proprietary information disclosed to the city or the consultant is deemed not
to be a public record, and shall remain confidential and not to be disclosed to any third
party without the express consent of the applicant,unless otherwise required by law In
the event the applicant does not provide this information,the City may conclusively
presume that no denial of effective service exists
All of the information noted above shall be submitted to the City within 30 days of the filing of
the Denial of Effective Service appeal unless an extension is granted by the Director.
3 The Denial of Effective Service appeal shall be considered concurrently with the
Wireless Permit or CUP appeal hearing before the Planning Commission Prior to the
scheduling of the public hearing on the Wireless Permit or CUP appeal,the City Attorney shall
be authorized to issue administrative subpoenas to compel production of such documents,
testimony and other evidence relevant to the applicant's denial of effective service claims
G.Wireless Communication Facility Standards The following standards shall apply to all wireless
communication facilities i
1 Screening All screening used in conjunction with a wall or roof mounted Wireless
Antenna shall be compatible with the architecture of the building or other structure to which it
is mounted, including color,texture and materials All ground or utility mounted facilities shall
be designed to blend into the surrounding environment,or architecturally integrated into a
building or other concealing structure
2 Equipment/Accessory Structures All equipment associated with the operation of the
Wireless Antenna, including but not limited to transmission cables, shall be screened in a
manner that complies with the development standards of the zoning district in which such
equipment is located and Section 230 76 Screening materials and support structures housing
equipment shall be architecturally compatible with surrounding structures by duplicating
materials and design in a manner as practical as possible. Chain link fencing and barbed wire
are prohibited
3 General Provisions All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines
4 Building Codes To ensure the structural integrity of Wireless Communication Facilities,
the owners of a Facility shall ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the applicable standards for facilities
that are published by the Electronic Industries Association,as amended from time to time
5 Co-Location Co-location of ground mounted facilities shall be required where feasible
whenever such a facility is proposed within 1,000 feet of any existing Wireless Antenna.
6 Federal and State Requirements All Wireless Communication Facilities must meet or
exceed current federal and state laws, standards and regulations of the FCC, and any other
agency of the federal or state government with the authority to regulate Wireless
Communication Facilities
7 Interference To eliminate interference, at all times, other than during the 24-hour cure
period,the applicant shall comply with all FCC standards and regulations regarding
interference and the assignment of the use of the radio frequency spectrum The applicant shall
not prevent the City of Huntington Beach or the countywide system from having adequate
spectrum capacity on the City's 800 MHz voice and data radio frequency systems The
Beach Zoning and Subdivision Ordinance Chapter 230 Page 57
Item 15. - 166 HB -706-
applicant shall cease operation of any Wireless Antenna causing interference with the City's
facilities immediately upon the expiration of the 24-hour cure period until the cause of the
interference is eliminated.
8. Lighten:All outside lighting shall be directed to prevent"spillage"onto adjacent
properties, unless required by the FAA or other applicable authority, and shall be shown on the
site plan and elevations
9 Maintenance All facilities and appurtenant equipment including landscaping shall be
maintained to remain consistent with the original appearance of the Wireless Antenna Ground
mounted facilities shall be covered with anti-graffiti coating
10 Monitoring The applicant shall provide a copy of the lease agreement between the
property owner and the applicant prior to the issuance of a building permit
11 Suns The Wireless Antenna shall not bear any signs or advertising devices other than
owner identification, certification,warning,or other required seals of signage
12 Landscaping Landscape planting, irrigation and hardscape improvements may be
unposed depending on the location,the projected vehicular traffic,the impact on existing
facilities and landscape areas, and the visibility of the proposed Wireless Antenna Submittal
of complete landscape and architectural plans for review and approval by the Directors of
Public Works and Planning and Building Departments may be required
13 Utilijy 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 Imes in the public right-of-way, or a written statement
from the utility company that will be supplying the power or other services,that they accept all
responsibility for those lines in the public nght-of-way
H Facilities in the Public Right-of-Way Any Wireless Communication Facility to be placed over,
within, on or beneath the public right-of-way shall comply with the Undergrounding Ordinance
(Chapter 17 64 of HBMC)
I Facility Removal. Wireless communication facilities affecting the public view and/or located in
areas designated Water Recreation, Conservation, Parks and Shoreline,and Public Right of Ways
shall be removed in its entirety within six(6)months of termination of use and the site restored to its
natural state
J Cessation of Operation
1 Abandonment Within thirty(30)calendar days of cessation of operations of any
Wireless Communication Facility approved under this Section,the operator shall notify the
Director in writing The Wireless Antenna shall be deemed abandoned pursuant to the
following sections unless
a The City has determined that the operator has resumed operation of the Wireless
Communication Facility within six(6) months of the notice, or
b The City has received written notification of a transfer of the Wireless
Communication Facility
2 City Initiated Abandonment A Wireless Antenna that is inoperative or unused for a
period of six(6)continuous months shall be deemed abandoned Written notice of the City's
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 pang 5A
HB -707- Item 15. - 167
determination of abandonment shall be provided to the operator of the Wireless Antenna and
the owner(s)of the premises upon which the antenna is located Such notice may be delivered
in person, or mailed to the address(es) stated on the permit application,and shall be deemed
abandoned at the time delivered or placed in the mail
3 Removal of Abandoned Wireless Antenna- The operator of the Wireless Antenna and the
owner(s) of the property on which it is located, shall within thirty(30)calendar days after
notice of abandonment is given either(1)remove the Wireless Antenna in its entirety and
restore the premises, or(2)provide the Director with written objection to the City's
determination of abandonment
a Any such objection shall include evidence that the Wireless Antenna 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
b At any time after thirty-one(31)calendar days following the notice of
abandonment,or immediately following a notice of determination by the Director, if
applicable,the City may remove the abandoned Wireless Antenna and/or repair any and
all damage to the premises as necessary to be in compliance with applicable codes The
City may, but shall not be required to, store the removed Antenna(or any part thereof)
The owner of the premises upon which the abandoned Antenna was located,and all prior
operators of the Antenna, shall be jointly liable for the entire cost of such removal,repair,
restoration and/or storage,and shall remit payment to the City promptly after demand
thereof is made The City may, in lieu of storing the removed Wireless Antenna,convert
it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.
(3568-9/02, 3779-10/07,3934-4/12)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 59
Item 15. - 168 xB -708-
Ord. No. 4040
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on October 20, 2014, and was again read to'said City Council at a
regular meeting thereof held on November 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn CITY CLERK of the City of Huntington
Beach and ex-offices Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 13,2014
In accordance with the City Charter of said City
Joan L Flynn.Clty Clerk City Verk and ex-officio Aerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
HB -709- Item 15. - 169
ORDINANCE NO. 3934
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 230 96 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE
RELATING TO WIRELESS COMMUNICATION FACILITIES
The City Council of the City of Huntington Beach does hereby ordain as follows
SECTION 1 Section 230 96 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows
230 96 Wireless Communication Facilities
A Purpose This Section of the Zoning Code is to protect public safety, general welfare, and
quality of life by regulating the location, height and physical characteristics and provide for
orderly and efficient placement of Wireless Communications Facilities in the City of
Huntington Beach.
Because of the potential negative aesthetic impacts of Wireless Communications Facilities,
including visual blight and diminution of property value, the City endeavors to locate
antennas within commercial, industrial and other non-residential zones, screen them from
view, and encourage co-location with other Wireless Communication Facilities However,
the Federal Telecommunications Act, specifically 47 U S C Section 332(c)(7), preempts
local zoning where a Wireless Facility is necessary to remedy a significant gap in the
Wireless Provider's service Consequently, where the City determines that the Facility does
not satisfy City planning and zoning standards,the Wireless Provider may then choose to
establish Federal preemption because(n) a significant gap in wireless coverage exists, and (ii)
there is a lack of feasible alternative site locations A myriad of factors are involved in
determining if a gap is significant, such as whether the gap affects a commuter highway, the
nature and character of the area and the number of potential users affected by the alleged lack
of service, whether the signal is weak or nonexistent, and whether the gap affects a
commercial district Consequently, the City will require scientific evidence from an expert in
the field demonstrating the existence of a significant gap in service, and a lack of feasible
alternative sites The applicant will be required to pay for the cost of said expert opinion
B Definitions For the purpose of this Section, the following definitions for the following terms
shall apply
1 AccessoKy Structure Any structure or equipment that is to be located ancillary to an
antenna or antennas in the establishment and operation of a Wireless Communication
Facility
2 Co-Location or Co-Located The location or placement of multiple Wireless
Communication Facilities which are either owned or operated by more than one service
provider at a single location and mounted to a common supporting structure, wall or
building.
73032
Item 15. - 170 HB -710-
Ordinance No. 3934
3 Completely Stealth Any Wireless Communication Facility that has been designed to
completely screen all aspects of the facility including appurtenances and equipment from
public view Examples of completely stealth facilities may include, but are not limited
to, architecturally screened roof mounted antennas, fagade mounted antennas treated as
architectural elements to blend in with the existing building, church steeples, fire towers,
and flag poles and light standards of a typical diameter
4 Ground Mounted Facility Any wireless antenna that is affixed to a pole, tower or other
freestanding structure that is specifically constructed for the purpose of supporting an
antenna
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)
6 Modified Facility An existing Wireless Communication Facility where the antennas
and/or supporting structure are proposed to be altered in any way from their existing
condition, including like-for-like replacement but excluding co-location
7. 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 wireless antennas that have not yet been
constructed so long as such approval is current and not expired
8 Public Right-of-Way The area across, along, beneath, in, on, over, under, upon, and
within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks,
streets, ways, private streets with public access easements within the City's boundaries,
and City owned properties, as they now exist or hereafter will exist
9 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
10 Stealth Techniques Any Wireless Communication Facility, including any appurtenances
and equipment, which is designed to blend into the surrounding environment. Examples
of Stealth Technique include,but are not limited to, monopalms/monopines.
11 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 but not traffic signals, recreational
Facility lighting, or any other utility which meets the purpose and intent of this definition
12. 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
09-2009 002/73032 2
HB -711- Item 15. - 171
Ordinance No. 3934
13 Wireless Communication Facility or Facility or Wireless Antenna An antenna structure
and any appurtenant facilities or equipment that transmits electronic waves or is used for
the transmission or receipt of signals that are used in connection with the provision of
wireless communication service, including,but not limited to digital, cellular and radio
service
C Applicability This ordinance shall apply to all Wireless Communication Facilities which
are erected, located, placed or modified within the City of Huntington Beach
D Exceptions The following Wireless Communication Facilities shall be exempt from this
Ordinance
1 Any Facility, which is subject to a previously approved and valid entitlement, may be
modified within the scope of the applicable permit without complying with these
regulations However, modifications outside the scope of the valid entitlement or any
modification to an existing facility that does not have a previously approved and valid
entitlement is subject to the requirements of this ordinance
2 Any antenna structure that is one meter(39 37 inches) or less in diameter that is
designed to receive direct broadcast satellite service, including direct-to-home satellite
service for television purposes, as defined by Section 207 of the Telecommunication Act
of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions
thereof.
3. Any antenna structure that is two meters (78 74 inches) or less in diameter located in
commercial or industrial zones and is designed to transmit or receive radio communication
by satellite antenna
4 Any antenna structure that is one meter(39 37 inches) or less in diameter or diagonal
measurement and is designed to receive Multipoint Distribution Service, provided that no
part of the antenna structure extends more than five (5) feet above the principle building
on the same lot
5 Any antenna structure used by authorized amateur radio stations licensed by the FCC
E Process to Install and Operate Wireless Communication Facilities
No Facility shall be installed anywhere in the City without first securing either a Wireless
Permit or a Conditional Use Permit as required below.
1 Wireless Permit Application The applicant shall apply to the Planning and Building
Department for a Wireless Permit by submitting a completed Wireless Permit Application
("Application") and paying all required fees The Application shall be in the form
approved by the Director, and at a minimum shall provide the following information-
a Precise location of the Facility
b Evidence that the Facility is compatible with the surrounding environment or that the
facility is architecturally integrated into a structure
c Evidence that the facility is screened or camouflaged by existing or proposed
topography, vegetation, buildings or other structures as measured from beyond the
boundaries of the site at eye level (six feet)
09-2009 002/73032 3
Item 15. - 172 HB -712-
Ordinance No. 3934
d. Evidence that the massing and location of the proposed facility are consistent with
surrounding structures and zoning districts
e Evidence that no portion of the Facility will encroach over property lines
f Property owner authorization or evidence of fee ownership of property where the
Facility will be installed. In the case of City-owned property or any public right-of-
way, the applicant shall provide a license, lease, franchise, or other similar agreement
from the City to place any Facility over, within, on, or beneath City property or right-
of-way
g Locations of all other Wireless Antennas within 1,000 feet of a proposed ground
mounted facility Co-location of ground mounted facilities shall be required where
feasible whenever such a facility is proposed within 1,000 feet of any existing
Wireless Antenna
h Any other relevant information as required by the Director of Planning and Building
The Planning and Building Department will initially review and determine if the
Application is complete The City may deem the Application incomplete and require re-
submittal if any of the above information is not provided
2 Director Approval. Following submittal of a complete Application, the City will
determine whether the Facility may be approved by the Director or whether a Conditional
Use Permit or other entitlement is required Wireless Permit applications will be
processed based upon the location and type of antennas defined in herein Although said
classifications are assigned at project intake, a re-evaluation of antenna classifications may
occur at any point in the process including at the time of review by the Director, Zorung
Administrator, Planning Commission or City Council
A Facility not subject to any other discretionary approval may be administratively
approved by the Director by issuing a Wireless Permit if it is
a Co-located on an existing approved Wireless Facility, does not exceed the
existing Wireless Facility heights, and employs Stealth Techniques such that the
co-located Wireless Facility is compatible with surrounding buildings and land
uses, or
b A modified Facility that complies with the base district height limit plus up to an
additional 10 feet of height as permitted in Section 230 72 and compatible with
surrounding buildings and land uses by incorporating stealth techniques; or
c A Facility that complies with the base district height limit plus up to an additional
10 feet of height as permitted in Section 230 72, is Completely Stealth, and is not
ground or utility mounted
The Director may require conditions of approval of the Facility in order to minimize
adverse health, safety and welfare impacts to the community
09-2009 002/73032 4
HB -713- Item 15. - 173
Ordinance No. 3934
A decision of the Director to grant a Wireless Permit shall become final ten(10) days
following the date of the decision unless an appeal to the Planning Commission is
filed as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO)
The Director shall issue findings of approval that the Facility meets the above criteria
and is not a detriment to the health, safety and welfare of the community
3 Zoning Administrator Approval. In the event the Director determines that the
applicant does not meet the requirements for Director approval of a Wireless Permit,
then the applicant shall apply for a Conditional Use Permit (CUP)to the Zoning
Administrator pursuant to Chapter 241 of the HBZSO. Notwithstanding any other
provisions of the HBZSO, any new ground or utility mounted wireless facilities shall
be required to obtain a CUP. CUP applications shall also include the same
information required under subsection E 1.
The Zoning Administrator may require, as a condition of approval of the CUP that the
applicant minimize significant adverse impacts to the community and public visual
resources by incorporating one or more of the following into project design and
construction
a Completely Stealth installations;
b. Stealth Techniques,
c Co-location and locating Facilities within existing building envelopes,
d. Colorization or landscaping to minimize visual prominence, and/or
e Removal or replacement of Facilities that are obsolete
Further conditions of approval of a facility CUP may be imposed as provided in
Chapter 241 of the HBZSO The Zoning Administrator's decision may be appealed
to the Planning Commission in accordance with Chapter 248 of the HBZSO.
4. Design Review. Design review shall be required for any Wireless Communication
Facilities pursuant to the HBZSO as well as those located on public right-of-way and
on or within 300 feet of a residential district or use in the City
Notwithstanding any other provisions of the HBZSO, design review is not required
for Wireless Communication Facilities that may be approved by the Director pursuant
to subsection E 2 (Director Approval) above and have all appurtenant facilities and
equipment located underground or within an existing building or existing enclosure
F Applicant MU Assert Federal Preemption At Time of Appeal To Planning_Commission
1 If the decision on the Wireless Permit or Conditional Use Permit is appealed(either by
applicant or an aggrieved party) to the Planning Commission, the Applicant may assert
that Federal Law preempts the City from denying the application because denial would
effectively prohibit Wireless Service. The applicant shall pay a Denial of Effective
Service appeal fee in an amount to be established by City Council Resolution, which
amount shall be the estimated cost for the City to retain an independent, qualified
consultant to evaluate any technical aspect of a proposed Wireless Communications
09-2009 002/73032 5
Item 15. - 174 HB -714-
Ordinance No. 3934
Facility, including, but not limited to, issues involving whether a significant gap in
coverage exists A Denial of Effective Service appeal must be submitted prior to the
expiration of the appeal period for a Wireless Permit or Conditional Use Penrut
2 The Director shall establish the form of the Denial of Effective Service appeal At a
minimum, the Applicant shall provide the following information as part of its appeal.
In order to prevail in establishing a significant gap in coverage claim the applicant shall
establish at minimum the following based upon substantial evidence.
a Evidence demonstrating the existence and nature of a significant gap in service in
the vicinity of the proposed Facility, including but not limited to whether the gap
pertains to residential in-building, commercial in-building coverage, in-vehicle
coverage, and/or outdoor coverage
b Evidence demonstrating that the applicant has pursued other feasible sites for
locating the Facility, but that they are unavailable on commercially practicable
terms
c Evidence demonstrating the radio frequency signal strength transmission
requirements and objectives that the applicant has established for the Southern
California region, and for the City of Huntington Beach
d Radio frequency propagation maps demonstrating actual transmission levels in the
vicinity of the proposed Facility site, and any alternative sites considered
e Radio frequency drive tests demonstrating actual transmission levels in the vicinity
of the proposed Facility site, and any alternative sites considered
f Reports regarding the applicant's monthly volume of mobile telephone calls
completed, not completed, dropped, handed-off, not handed-off, originated and
not originated for the signal area to be covered by the proposed Facility.
g Any proprietary information disclosed to the city or the consultant is deemed not to
be a public record, and shall remain confidential and not to be disclosed to any
third party without the express consent of the applicant, unless otherwise required
by law In the event the applicant does not provide this information,the City may
conclusively presume that no denial of effective service exists
All of the information noted above shall be submitted to the City within 30 days of the
filing of the Denial of Effective Service appeal unless an extension is granted by the
Director.
3 The Denial of Effective Service appeal shall be considered concurrently with the
Wireless Permit or CUP appeal hearing before the Planning Commission. Prior to the
scheduling of the publicehearmg on the Wireless Pernut or CUP appeal, the City Attorney
shall be authorized to issue administrative subpoenas to compel production of such
documents, testimony and other evidence relevant to the applicant's denial of effective
service claims
09-2009 002/73032 6
HB -715- Item 15. - 175
Ordinance No. 3934
G Wireless Communication Facility Standards. The following standards shall apply to all
wireless communication facilities:
1 Screening All screening used in conjunction with a wall or roof mounted Wireless
Antenna shall be compatible with the architecture of the building or other structure to
which it is mounted, including color,texture and materials All ground or utility mounted
facilities shall be designed to blend into the surrounding environment, or architecturally
integrated into a building or other concealing structure.
2. Equipment/Accessory Structures. All equipment associated with the operation of the
Wireless Antenna, including but not limited to transmission cables, shall be screened in a
manner that complies with the development standards of the zoning district in which such
equipment is located and Section 230 76 Screening materials and support structures
housing equipment shall be architecturally compatible with surrounding structures by
duplicating materials and design in a manner as practical as possible. Chain link
fencing and barbed wire are prohibited.
3. General Provisions All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines.
4. Building Codes- To ensure the structural integrity of Wireless Communication Facilities,
the owners of a Facility shall ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the applicable standards for
facilities that are published by the Electronic Industries Association, as amended from
time to time
5 Co-Location Co-location of ground mounted facilities shall be required where feasible
whenever such a facility is proposed within 1,000 feet of any existing Wireless Antenna.
6 Federal and State Requirements All Wireless Communication Facilities must meet or
exceed current federal and state laws, standards and regulations of the FCC, and any
other agency of the federal or state government with the authority to regulate Wireless
Communication Facilities
7 Interference: To eliminate interference, at all times, other than during the 24-hour cure
period,the applicant shall comply with all FCC standards and regulations regarding
interference and the assignment of the use of the radio frequency spectrum The
applicant shall not prevent the City of Huntington Beach or the countywide system from
having adequate spectrum capacity on the City's 800 MHz voice and data radio
frequency systems The applicant shall cease operation of any Wireless Antenna causing
interference with the City's facilities immediately upon the expiration of the 24-hour cure
period until the cause of the interference is eliminated
8 Lighting_ All outside lighting shall be directed to prevent"spillage" onto adjacent
properties, unless required by the FAA or other applicable authority, and shall be shown
on the site plan and elevations
9 Maintenance: All facilities and appurtenant equipment including landscaping shall be
maintained to remain consistent with the original appearance of the Wireless Antenna
Ground mounted facilities shall be covered with anti-graffiti coating.
09-2009 002/73032 doc 7
Item 15. - 176 HB -7 16-
Cardin, No. 3934
10. Monitoring: The applicant shall provide a copy of the lease agreement between the
property owner and the applicant prior to the issuance of a building permit
11. Signs The Wireless Antenna shall not bear any signs or advertising devices other than
owner identification, certification, wanting, or other required seals of signage
12. Landscaping_ Landscape planting, irrigation and hardscape improvements may be
imposed depending on the location, the projected vehicular traffic, the impact on existing
facilities and landscape areas, and the visibility of the proposed Wireless Antenna.
Submittal of complete landscape and architectural plans for review and approval by the
Directors of Public Works and Planning and Building Departments may be required.
13. 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 nght-of-way, or a
written statement from the utility company that will be supplying the power or other
services, that they accept all responsibility for those lines In the public right-of-way.
H Facilities in the Public Right-of-WaX Any Wireless Communication Facility to be placed
over, within, on or beneath the public right-of-way shall comply with the Undergrounding
Ordinance(Chapter 17.64 of-HBMC).
I. Facility Removal Wireless communication facilities affecting the public view and/or located
in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Right
of Ways shall be removed in its entirety within six (6) months of termination of use and the
site restored to its natural state.
J Cessation of Operation
1 Abandonment. Within thirty (30) calendar days of cessation of operations of any
Wireless Communication Facility approved under this Section, the operator shall notify
the Director in writing. The Wireless Antenna shall be deemed abandoned pursuant to
the following sections unless-
a. The City has determined that the operator has resumed operation of the Wireless
Communication Facility within six (6) months of the notice; or
b. The City has received written notification of a transfer of the Wireless
Communication Facility
2. City Initiated Abandonment: A Wireless Antenna that is inoperative or unused for a
period of six (6) continuous months shall be deemed abandoned. Written notice of the
City's determination of abandonment shall be provided to the operator of the Wireless
Antenna and the owner(s) of the premises upon which the antenna is located. Such notice
may be delivered in person, or mailed to the address(es) stated on the permit application,
and shall be deemed abandoned at the time delivered or placed in the mall.
1
3. Removal of Abandoned Wireless Antenna- The operator of the Wireless Antenna and the
owner(s) of the property on which it is located, shall within thirty (30) calendar days after
notice of abandonment is given either(1) remove the Wireless Antenna in its entirety and
09-2009 002/73032 1 doc 8
HB -717- Item 15. - 177
Ordinance No. 3934
restore the premises, or(2)provide the Director with written objection to the City's
determination of abandonment.
a Any such objection shall include evidence that the Wireless Antenna 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.
b. At any time after thirty-one (31) calendar days following the notice of abandonment,
or immediately following a notice of determination by the Director, if applicable,the
City may remove the abandoned Wireless Antenna and/or repair any and all damage
to the premises as necessary to be in compliance with applicable codes. The City
may, but shall not be required to, store the removed Antenna(or any part thereof)
The owner of the premises upon which the abandoned Antenna was located, and all
prior operators of the Antenna, shall be jointly liable for the entire cost of such
removal, repair, restoration and/or storage, and shall remit payment to the City
promptly after demand thereof is made The City may, in lieu of storing the removed
Wireless Antenna, convert it to the City's use, sell it, or dispose of it in any manner
deemed appropriate by the City.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5t h day of March ,20 12
Mayor
ATTEST APPROVED AS TO FORM:
City Clerk C' y Attorney
REVIE?1iND APPROVED: INITIATE N A ROVED.
�VWnager Di ector o Planing and Building
09-2009 002/73032 9
Item 15. - 178 HB -718-
Ord. No. 3934
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on February 6,2012, and was again read to said City Council at a
regular meeting thereof held on March 5,2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Dwyer, Hansen, Carchio, Bohr
NOES: Shaw, Harper, Boardman
ABSENT: None
ABSTAIN: None
1,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and cx-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 15,2012
13
In accordance with the City Charter of said City
Joan L Flynn, Cijy Clerk C9 Clerk and ex-office Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
HB -7 1 9- Item 15. - 179
Res. No. 2016-16
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on May 2, 2016 by the following vote
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize
NOES: Peterson
ABSENT: None
ABSTAIN: None
City CI rk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
FATTA C #2
ATTACHMENT NO. 2
SUMMARY OF ENTITLEMENTS
LCPA No. 15-001
1. ZONING TEXT AMENDMENT NO. 15-004: This application amends
Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision
Ordinance to define medical marijuana dispensaries and add a Prohibited Uses
section
2. ZONING TEXT AMENDMENT NO. 15-001: This application amends
Chapter 233 — Signs of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) HBZSO) to define non-commercial signs, add provisions for permitting
non-commercial signs on private property and within public rights-of-way, and
delete references to political signs pursuant to Chapter 247 of the HBZSO
3. ZONING TEXT AMENDMENT NO. 14-002: This application amends
Section 230 96 (Wireless Communications Facilities) of the Huntington Beach
Zoning and Subdivision Ordinance It adds definitions for "City property" and
"data collection unit" and simplifies the process for installation of such
infrastructure
4. ZONING TEXT AMENDMENT No. 13-002 & ZONING MAP
AMENDMENT No. 13-002: The zoning text amendment establishes the Senior
Residential (-SR) Overlay district, including design and performance standards in
the HBZSO The zoning map amendment establishes the Senior Residential (-
SR) Overlay designation for two existing senior mobilehome parks in the City
pursuant to Huntington Beach Zoning and Subdivision Ordinance (HBZSO)
Chapter 247 The zoning district map for Rancho Del Rey and Huntington Harbor
senior mobilehome parks includes property within the Coastal Zone boundary
5. ZONING TEXT AMENDMENT NO. 12-002: This application amends
Chapter 254 (Dedications and Reservations) of the HBZSO by deleting the site-
specific-appraisal approach for determining park in lieu fees for residential
projects that require tentative maps and replace it with standard citywide fees and
incorporate other related changes This application also includes deletion of
Section 230 20 of the HBZSO pertaining to park fees for projects not requiring a
tentative map
6. ZONING TEXT AMENDMENT NO. 12-001: This application amends four
chapters of the HBZSO to reorganize entitlements of certain applications to the
lower hearing body, codify existing policies, and clarify certain sections of the
Zoning and Subdivision Ordinance (ZSO) The proposed Chapters are. Chapter
203, Definitions (Page Nos 5, 15, and 16), Chapter 211, C Commercial Districts
(Page Nos 4 and 6), Chapter 212, I Industrial Districts (Page No 4), Chapter 230,
Item 15. - 180 HB -720-
Site Standards (Page Nos 1, 2, 3, 4, 5, 13, 14, 22, 26, 31, 32, 37, 43, 46, 47, and
50)
7. ZONING TEXT AMENDMENT NO. 09-002: This application amends
Section 230 96 (Wireless Communication Facilities) of the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) by revising the citywide permitting
and entitlement process for wireless communication facilities as well as other
provisions of the current ordinance
H B -721- Item 15. - 181