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HomeMy WebLinkAboutRESOLUTION 2007-21 - ADOPTING LOCAL COASTAL PROGRAM AMENDMEN Council/Agency Meeting Held: Deferred/Continued to: Appr v d Conditional) proved ❑ Denied ZAh&JO City a 's gnatu Council Meeting Date: 3/19/2007 Department ID Number: PL07-10 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENEL PE CUI(BRET�T,DP'A, CITY ADMINISTRATOR PREPARED BY: SCOTT HESS, ACTING DIRECTOR OF PLANNIN(V/ SUBJECT: ADOPT RESOLUTION FOR LOCAL COASTAL PROGRAM AMENDMENT NO. 07-01 FORWARDING 14 ENTITLEMENTS THAT WERE PREVIOUSLY APPROVED BY THE CITY COUNCIL TO THE CALIFORNIA COASTAL COMMISSION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a resolution adopting Local Coastal Program Amendment No. 07-01 to forward eleven zoning text amendments, two zoning map amendments and one general plan amendment that were previously approved by the City Council to the California Coastal Commission. The subject legislation constitutes a minor amendment to the City of Huntington Beach Local Coastal Program. Public hearings were previously held for each of the fourteen amendments; thus, approval of the resolution is an administrative item that does not require a public hearing. Funding Source: Not applicable Recommended Action: Motion to: "Approve Local Coastal Program Amendment No. 07-01 by adopting Resolution No. 2007-21 (ATTACHMENT NO. 1), a Resolution adopting Local Coastal Program Amendment No. 07-01 and requesting its certification by the California Coastal Commission ; and forward to the California Coastal Commission for certification." E-5 i REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/19/2007 DEPARTMENT ID NUMBER: PL07-10 Alternative Action(s): The City Council may take the following alternative action(s): A. "Deny Local Coastal Program Amendment No. 07-01." B. "Continue Local Coastal Program Amendment No. 07-01 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Local Coastal Program Amendment No. 07-01 represents a request to approve a resolution to forward to the California Coastal Commission eleven zoning text amendments, two zoning map amendments and one general plan amendment approved by the City Council over the last four years. The specific amendments are listed below and generally described in Attachment No. 2. No. Ordinance/Resolution Entitlement Description City Council No. No. Approval Date 1. Ordinance No. 3626 ZMA No. 02-03 21341 Lochlea —Amend 1/5/04 zoning map from RA- FP2 to RL-FP2 2. Ordinance No. 3750 ZMA No. 04-01 21471 Newland — 10/2/06 Amend zoning from IL- O-FP2 to RM-FP2 3. Resolution No. 2006- GPA No. 04-04 21471 Newland — 9/18/06 61 Amend GP from I-F2-d to RM; Remove from Subarea 9F 4. Ordinance Nos. 3669, ZTA No. 03-02 Amend SP5 and 11/15/04 3673, 3675, 3677, Various Chapters of 5/2/05 3679, 3680, 2681, ZSO (Permit 5/16/05 3705 — 3713 Streamlining II) 5. Ordinance No. 3657 ZTA No. 04-01 Amend Chapter 235 — 8/2/04 Residential Condo. Conversions 6. Ordinance No. 3690 ZTA No. 04-03 Amend Chapter 250 — 12/6/04 Map Requirements .2- 3/2/2007 4:21 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/19/2007 DEPARTMENT ID NUMBER: PL07-10 No. Ordinance/Resolution Entitlement Description City Council No. No. Approval Date 7. Ordinance No. 3687 ZTA No. 04-04 Add Chapter 230.26 — 11/1/04 Affordable Housing 8. Ordinance No. 3689 ZTA No. 04-05 Amend Chapter 234 — 11/8/04 Mobile Home Park Conversions 9. Ordinance No. 3724 ZTA No. 05-01 Amend Various 1/3/0& Chapters of ZSO to compIy with RLU IPA 10. Ordinance No. 3730 ZTA No. 05-02 Amend Chapter 230.88 2/21/06 — lattice fence extension 11. Ordinance No. 3764 ZTA No. 06-02 Density Bonus 2/5/07 Ordinance 12. Ordinance No. 3761 ZTA No. 06-05 Amend Chapter 210 — 1/2/07 large family day care 13. Ordinance Nos. 3756, ZTA No. 06-06 Amend Various 12/4/06 3757, 3758 Chapters of ZSO — vehicle storage 14. Ordinance No. 3763 ZTA No. 06-07 Amend Chapter 231 — 2/5/07 Bicycle Parkin 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 (Downtown Specific Plan, Holly Seacliff Specific Plan, Seacliff Specific Plan, Palm and Goldenwest Specific Plan, and Magnolia Pacific 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. Staff recommends that the City Council approve Local Coastal Amendment No. 07-01 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. -3- 3/2/2007 4:21 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/19/2007 DEPARTMENT ID NUMBER: PL07-10 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. Attachment(s): City Clerk's Page Number No. Description 1. Resolution No 2007-21a Resolution adopting Local Coastal Program Amendment No. 07-01 and requesting its certification by the California Coastal Commission. 2. Summary of Subject Entitlements -4- 3/2/2007 4:21 PM ATTACHMENT #1 -----Jl RESOLUTION NO. 2007-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, STATE OF CALIFORNIA,ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 07-01 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 entitlements included in Huntington Beach Local Coastal Program Amendment No. 07-01, 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 entitlements included in the proposed Huntington Beach Local Coastal Program Amendment No. 07-01, 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. 07-01 is hereby approved, consisting of certain Ordinances pertaining to Zoning Text Amendments (ZTA), Zoning Map Amendments(ZMA) and General Plan Amendments(GPA) as listed below: Exhibit Ordinance Subject Description A. No. 3750 ZMA 04-01 Newland Street Residential B. Resolution 2006-61 GPA 04-04 Newland Street Residential C. No. 3626 ZMA 02-03 21341 Lochlea(RA-FP2 to RL- FP2) D. No. 3669 ZTA No. 03-02 Permit Streamlining Citywide E. No. 3673 ZTA No. 03-02 Permit Streamlining Citywide F. No. 3675 ZTA No. 03-02 Permit Streamlining Citywide G. No. 3677 ZTA No. 03-02 Permit Streamlining Citywide 1 07-859/7921 Resolution No. 2007-21 Ordinance Subject Description H. No. 3679 ZTA No. 03-02 Permit Streamlining Citywide I. No. 3680 ZTA No. 03-02 Permit Streamlining Citywide J. No. 3681 ZTA No. 03-02 Permit Streamlining Citywide K. No. 3705 ZTA No. 03-02 Permit Streamlining Citywide L. No. 3706 ZTA No. 03-02 Permit Streamlining Citywide M. No. 3707 ZTA No. 03-02 Permit Streamlining Citywide N. No. 3708 ZTA No. 03-02 Permit Streamlining Citywide O. No. 3709 ZTA No. 03-02 Permit Streamlining Citywide P. No. 3710 ZTA No. 03-02 Permit Streamlining Citywide Q. No. 3711 ZTA No. 03-02 Permit Streamlining Citywide R. No. 3712 ZTA No. 03-02 Permit Streamlining Citywide S. No. 3713 ZTA No. 03-02 Permit Streamlining Downtown Specific Plan T. No. 3657 ZTA No. 04-01 Residential Condo Conversions U. No. 3690 ZTA No. 04-03 Map Requirements V. No. 3687 ZTA No. 04-04 Affordable Housing W. No. 3689 ZTA No. 04-05 Mobile Home Park Conversions X. No. 3724 ZTA No. 05-01 RLUIPA Y. No. 3730 ZTA No. 05-02 Lattice Fence Extensions Citywide Z. No. 3764 ZTA No. 06-02 Density Bonus AA. No. 3761 ZTA No. 06-05 Large Family Day Care BB. No. 3756 ZTA No. 06-06 Vehicle Storage CC. No. 3757 ZTA No. 06-06 Vehicle Storage DD. No. 3758 ZTA No. 06-06 Vehicle Storage EE. No. 3763 ZTA No. 06-07 Bicycle Parking Copies of the aforesaid ordinances and resolutions are attached hereto as Exhibits A through EE, respectively, and are incorporated by this reference as though fully set forth herein. 2 07-859/7921 Resolution No. 2007-21 SECTION 2. That the California Coastal Commission is hereby requested to consider,, approve and certify Huntington Beach Local Coastal Program Amendment No. 07-01. SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 07-01 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513, and 30519. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 19th day of March ,2007. AxA• May r ATTEST: APPROVED AS TO FORM: ity Clerk � ity Attorney Q REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Ad inistrator POGrijbirector 3 07-859/7921 ORDINANCE NO. 3 7 50 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAP 14 (SECTIONAL DISTRICT MAP 13-6-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF NEWLAND STREET AND HAMILTON AVENUE FROM IL-O-FP2 (LIMITED INDUSTRIAL—OIL DISTRICT OVERLAY-FLOODPLAIN) TO RM-FP2(MEDIUM DENSITY RESIDENTIAL-FLOODPLAIN) (ZONING MAP AMENDMENT NO.04-01) 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 Map Amendment No. 04-01,which rezones the property generally located at the northwest corner of Newland Street and the terminus of Hamilton Avenue from IL-O-FP2 (Limited Industrial-Oil District Overlay-Floodplain)to RM- FP2 (Medium Density Residential-Floodplain); 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 the real property that is the subject of this Ordinance(hereinafter referred as the "Subject Property")is generally located at the northwest corner of Newland Street and the terminus of Hamilton Avenue, and is more particularly described in the legal description and sketch attached hereto as Exhibits A and B,respectively,and incorporated by reference as though fully set forth herein. t Ordinance No. 3750 SECTION 2. That the zoning designation of the Subject Property is hereby changed from IL-O-FP2 (Limited Industrial-Oil District Overlay-Floodplain)to RM-FP2 (Medium Density Residential-Floodplain) SECTION 3. That Huntington Beach Zoning and Subdivision Ordinance Section 201.04B District Map 14(Sectional District Map 13-6-11) is hereby amended to reflect Zoning Map Amendment No. 04-01 as described herein. The Director.of Planning is hereby directed to prepare and file an amended map. A copy of said District Map, as amended,shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall take effect thirty days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 t hday of September ,2006. Mayor ATTEST: APPROVED AS TO FORM: Ci lerk �C Attorney kv REVIEWED AND APPROVED: INITIATED AND APPROVED: Q ity A istrator Director of Panning ATTACHMENTS Exhibit A: Legal Description Exhibit B: Sketch 2 �x�lttT A .a Ord . No. 3750 EXHIBIT"A" BEING A PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 13, TOWNSHIP 6 SOUTH,RANGE 1 I WEST,S.B.B.M.,IN THE RANCHO LAS BOLSAS,IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 51,PAGE 14 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER, SAID POINT BEING THE CENTERLINE INTERSECTION OF NEWLAND STREET AND HAMILTON AVENUE; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER AND SAID CENTERLINE OF NEWLAND STREET,NORTH 00"17'08"EAST 50.25 FEET TO A POINT ON A LINE BEING PARALLEL WITH AND 50.25 FEET NORTHERLY OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13,SAID POINT ALSO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EAST LINE,NORTH 00'17'08" EAST 609.12 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTH ONE- HALF OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13;THENCE WESTERLY ALONG SAID SOUTH LINE,NORTH 89'24'57"WEST 1649.70 FEET;THENCE LEAVING`SAID SOUTH LINE,SOUTH 00"34'17"WEST 609.5]' TO A POINT ON SAID PARALLEL LINE;THENCE EASTERLY ALONG SAID PARALLEL LINE,SOUTH 89`25'46"EAST 1652.74 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,006,104 SQ.FT.=23.097 ACRES AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART THEREOF. MKL CAKLL NS �No. 7914 J, Exp. 12-31-05 �9rF �F CNVA rSSOCIATES EN & EXHIBIT"A" LEGAL DESCRIPTION Civil Engineers—Land Surveyors-Planners FOR PARCEL 1 2552 White Road,Suite B Irvine, CA 92614-6236 W.O.No. 1402-678-001 Date: 06/28/2004 949-660-0110 Fax:949-660-0418 Engr.B.J.W. Chk'd J.W. Sheet I of I Ord . No. 3750 Z POINT OF EXHIBIT »B" COMMENCEMENT Z SE COR. OF NW 1/4. TRUE POINT Q j FRAC. SEC. 13, OF BEGINNING =Q T6S, R1 1VV N o0'1TOEr E 609.12. _ �NEWLAND STREET N 0917'09* E 50.25' SCALE_ 1'=250' 50.25' a � SOUTH LINE OF NW 1/4 OF FRACT. SEC. 13, T6S, R 11 W t1 r PARCEL 1 23.097 ACRES of � f l CD to 3 fIrk o- Nj N m O ODD z z SOUTH LINE OF N. 1/2. c, \l OF S. 1/2 OF NW 1/4. OF FRAC. SEC. 13, T6S, =� RI 1 W \l N 50.25' pl LApQ n � t �l t r No. 7914 N 00'34'1-I' E 609.51' J, .Exp. 12-31-05 2j' F of eA��Eo k DEN & EXHIBITSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR PARCEL 1 CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS 2552 WHITE ROAD,SUITE R*IRVINE,CA 92614-6236 W.O. No_ 1402-678-001 Dote 07 O1 04 (949)660-0110 FAX"0-0419 En r. B.J.W. Chk'd J.W. Sheet 1 Of 1 3 t Ord. No. 3750 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1,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 the 18th day of September, 2006,and was again read to said City Council at a regular meeting thereof held on the 2nd day of October,2006> and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green,Coerper, Sullivan,Hardy,Hansen NOES: Cook ABSENT: None m:jj of the odgM on He in this ofitcs Attest t . M 20� ABSTAIN: None C� Clork and Ex-otiieio C4a at the l:t-i uncii of the City of Huntington BemcVW, 1,Joan L.Flynn,CITY CLERK of the City of Huntington pp 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 12,2006. In accordance with the City Charter of said City Joan L. Flynn, Qy Clerk Ci lerk and ex-officio k t� Deputy city clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2 0 0 6-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 04-04 WHEREAS, General Plan Amendment No. 04-04 proposes to amend the Land Use Plan by: I. Designating 23.1 acres of real property on the west side of Newland Street, north of the terminus of Hamilton Avenue, as more particularly described on Exhibits"A"and "B" attached hereto,from I-F2-d (Industrial-0.5 Floor Area Ratio-Design Overlay)to RM(Medium Density Residential); and 2. Removing the subject area from Subarea 9F of the Community District and Subarea' Schedule; and Pursuant to California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 04-04 and recommended approval of said entitlement to the City Council; and Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 04-04; and The City Council finds that said General Plan Amendment No. 04-04 is necessary for the, changing needs and orderly development of the community, and is necessary to accomplish, refinement of the General Plan and is consistent with other elements of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located on the west side of Newland Street, north of the terminus of Hamilton Avenue in the City of Huntington Beach, and is more particularly described in the legal description and sketch attached hereto as Exhibits "A" and `B, respectively, and incorporated by this reference as though fully set forth herein_ SECTION 2: That General Plan Amendment No. 04-04,which amends the General Plan Land Use Designation for the subject area from I-F2-d (Industrial-0.5 Floor Area Ratio-Design Overlay) to RM (Medium Density Residential) and removes the subject area from Subarea 9F of the Community District and Subarea Schedule, is hereby approved. The Director of Planning is hereby directed to prepare and file an amended Land Use Map and Community District and Subarea Schedule. A copy of said map and schedule, as amended, shall be available for inspection in Planning Department. SEP 0 5 ZO06 Reso GPA Draft Council 1 �X�113IT T . I Reso. No. 2006-61 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18thday of September ,2006. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: ty AdmAstrator 4ity Attorney INITI TED AND APPROVED: fanning irector ATTACHMENTS Exhibit A: Legal Description Exhibit B: Sketch Reso GPA Draft Council 2 EMZIT B a Reso. No. 2006-61 ZO POINT OF EXHIBIT B = COMMENCEMENT Z SE COR. OF NW 1/4, TRUE POINT j FRAC. SEC. 13, OF BEGINNING =Q T6S, R11W N o0.17'01r E 609.12' — NEWLAND STREET N 09 17'09" E 50.25' SCALE: 1"=250' 50.25' ll� SOUTH LINE OF lb NW 1/4 OF FRACT. SEC. 13, T6S, R 11 W � \f PARCEL 1 c� 0 23.097 ACRES -� rn cy to tip <k 3 3 Yk N N � N OD O Z Z \i c� SOUTH LINE OF N_ 1/2. OF S_ 1/2 OF NW 1/4, OF FRAC. SEC. 13, T6S, R11W Nr�l ` c) 50.25' k` to I\ttfy7y9lG�� C, YY No_ 7914 N 00'34'17" E 609.5 i' s Exp. 12-31-05 . Of CAt��`� k DEN & EXHIBITSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR PARCEL 1 CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS 2552 WHITE ROAD,SUITE R-IRVINE,CA 92614-6236 W.O. NO. 1402-678-001 Dote 07 01 04 (949)660-0110 FAX:66o- 18 En r. B..t_W. Chk'd J.W_ Sheet 1 Of 1 Ex bZ • Reso. No. 2006-61 EXHIBIT"A" BEING A PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 13, TOWNSHIP 6 SOUTH,RANGE I I WEST,S.B.B.M.,IN THE RANCHO LAS BOLSAS,IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 51,PAGE 14 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER,SAID POINT BEING THE CENTERLINE INTERSECTION OF NEWLAND STREET AND HAMILTON AVENUE; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER AND SAID CENTERLINE OF NEWLAND STREET,NORTH 00.17'08"EAST 50.25 FEET TO A POINT ON A LINE BEING PARALLEL WITH AND 50.25 FEET NORTHERLY OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13,SAID POINT ALSO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EAST LINE,NORTH 00.17'08" EAST 609.12 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTH ONE- HALF OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13;THENCE WESTERLY ALONG SAID SOUTH LINE,NORTH 89.24'57"WEST 1649.70 FEET;THENCE LEAVING SAID SOUTH LINE,SOUTH 00'34'17"WEST 609.51' TO A POINT ON SAID PARALLEL LINE;THENCE EASTERLY ALONG SAID PARALLEL LINE,SOUTH 89.25'46"EAST 1652.74 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,006,104 SQ.FT.=23.097 ACRES AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART THEREOF. \ON1`L LAND AllfN� �No. 7914 Exp. 12-31-05 �f9lF OF CA1 WSSOCIATES EN & EXHIBIT"A" LEGAL DESCRIPTION Civil Engineers—Land Surveyors-Planners FOR PARCEL I 2552 White Road,Suite B Irvine,CA 92614-6236 W.O.No. 1402-678-001 Date: 06/28/2004 949-660-0110 Fax:949-660-0418 Engr.B.J.W. Chk'd J.W. Sheet 1 of I r r Res. No.2006-61 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } 1, 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 an regular meeting thereof held on the 18th day of September, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen NOES: Cook ABSENT: None ABSTAIN: None spy of the original on file In this a . Attest r D 20 ft City Clerk and th"H47 Ci4klerk and ex-officio fiferk of the Council of the City of Huntington Bea a, City Council of the City of Huntington Beach, California E.k H 113 IT 13.5 ORDINANCE NO. 3626 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION CODE BY AMENDING DISTRICT MAP 14 (SECTIONAL DISTRICT MAP 13-6-11)TO REZONE THE REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF LOCHLEA LANE, AT THE INTERSECTION WITH LOMOND DRIVE FROM RA-FP2(RESIDENTIAL AGRICULTURE-FLOOD PLAIN 2)TO RL-FP2 (RESIDENTIAL LOW-DENSITY-FLOOD PLAIN 2) (ZONING MAP AMENDMENT NO. 02-03) 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 Map Amendment No. 02-03, which rezones the property generally located on the west side of Lochlea Lane at the intersection with Lomond Drive from RA-FP2 (Residential Agriculture-Flood Plain 2) to RL-FP2 (Residential Low- Density-Flood Plain 2);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 the real property that is the subject of this ordinance (hereinafter. referred to as the"Subject Property") is generally located on the west side of Lochlea Lane at the intersection with Lomond Drive, and is more particularly described in the legal description and sketch attached as Exhibits A and B, respectively, and incorporated by reference as though fully set forth herein. SECTION 2. That the zoning designation of the Subject Property is hereby changed from RA-FP2 (Residential Agriculture-Flood Plain 2) to RL-FP2 (Residential. Low-Density- Flood Plain 2). SECTION 3. That Huntington Beach Zoning and Subdivision Code Section 201.04B District Map 14 (Sectional District Map 13-6-11) is hereby amended to reflect Zoning Map Amendment No. 02-03 as described herein. The Planning Director is hereby directed to prepare and file an amended map. A copy of said District Map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall take effect thirty days after its adoption. ord/03zoning/dist 13-6-11/1124/03 1 �X� l�3►T, C . 1 Ord.No.3626 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of January 72004 Ziaw� ay ATTEST: APPROVED AS TO FORM: City erk 461�C y Atto ey U �o 7 REVIEWED AND APPROVED: INI TED AND APP VED: <5L. City AdjgMstrator PlWning Director ATTACHMENTS: Exhibit A: Legal Description Exhibit B: Sketch nrdt03zoningtdist 13-6-t1/11124103 2 F-Mbi-r C-9- Ord.No.3626 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,CONNIE BROCKWAY,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 the 15th day of December,2003,and was again read to said City Council at a regular meeting thereof held on the 5th day of January,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper,Hardy, Green, Boardman, Cook,Houchen NOES: None The foregoing instrument is a correct ABSENT: None copy of the original on file in this office. Attest z'_�$ 2®0 ABSTAIN: None L City Clerk and Ex-�51lerk of a City Council of the City of Huntington Beach. Callomia. I,Connie Brockway,CITY CLERK of the City of By Deputy 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 January 15,2004.In accordance with the City Charter of said City Connie Brockwa Ci Clerk City Clerk and ex-officio jerk Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3669 AN ORDINANCE OF THE CITY OF HUN YINUYON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED USE CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: MORA F§t _ Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics,but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification,if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification,may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment,as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. 204.06 Residential Use Classifications A. Dgy Care, Limited(or Small-Family). Non-medical care and supervision of six or fewer persons,or eight or fewer persons if two of the persons are six years of age or older,on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools,preschools, and day-care centers for children and adults. B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses,but excludes residential hotels or motels. ord/04zoninglChap204l8l23/04 Ordinance No. 3669 C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. D. Residential Alcohol Recovery,Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services,supervision,protection or assistance. This classification includes only those facilities licensed by the State of California. E. Residential Care,Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery,business and administrative offices, chapels, flower shops, and necessary maintenance facilities. B. Clubs and Lodges. Meeting,recreational,or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls,social clubs and youth centers. C. Community and Human Service Facilities. l. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse,including treatment and counseling without provision for on-site residence or confinement. 2. PrimW Health Care. Medical services,including clinics,counseling and referral services,to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. 4. Emergency Shelters. Establishments offering food and shelter programs for"homeless"people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California,which provide supervision of daily activities. 5. Residential Alcohol Recovery,General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems,in need of personal services,supervision,protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment,training,research,and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. ord/04zoning/Chap204/8/23/04 2 Ordinance No.3669 . 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court,in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California. D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring.regular medical attention, but excluding facilities providing surgical or emergency medical services. E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes Iibraries,museums, and art galleries. . F. DU Care,Large-Family. Non-medical care and supervision for 7 to 12 persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. G. Day Care, General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools,preschools, and day-care centers for children or adults. H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. 1. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities,together with incidental storage and maintenance of vehicles. J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. K. Hospitals. Facilities providing medical, surgical,psychiatric,or emergency . medical services to sick or injured persons,primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment,as well as training,research, and administrative services for patients and employees. L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment,and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. N. Park and Recreation Facilities. Noncommercial parks,playgrounds, recreation facilities, and open spaces. O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. P. Religious Assembly. Facilities.for religious worship and incidental religious education,but not including private schools as defined in this section. Q. Schools,Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. R. Utilities,Major. Generating plants,electrical substations, above-ground electrical transmission lines, switching buildings,refuse collection,transfer, recycling or disposal facilities, flood control or drainage.facilities,water or ord/04zoning/Chap204/9/13/04 3' }( �,\1�IB11 U.3 Ordinance No,3669 wastewater treatment plants,transportation or communications utilities,and similar facilities of public agencies or public utilities. S. Utilities,Minor. Utility facilities that are necessary to support legally established usesand involve only minor structures such as electrical distribution lines,underground water and sewer lines,and recycling and collection containers. 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation; including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. I. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming,and incidental medical care,and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hos ip'tals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed,and air- conditioned. Grooming and temporary(maximum 30 days)boarding of animals are included,if incidental to the hospital use. 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use,and boarding of animals not offered,for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals,including placement or erection of markers,headstones or monuments over such places of burial. C. Artists' Studios. Work space for artists and artisans,including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. ord104zoning/Chap204M23/04 4 EX H 1BIT D.q Ordinance No.3669 E. Building Materials and Services. Retailing,wholesaling,or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards,but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks,bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks,golf courses; miniature golf courses, scale-model courses, shooting galleries,tennis/racquetball courts, health/fitness clubs,pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28;card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. 1. Limited. Indoor movie theaters,game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. 1. Communications Facilities. Broadcasting,recording, and other communication services accomplished through electronic or telephonic mechanisms,but excluding Utilities(Major). This classification includes radio,television,or recording studios;telephone switching centers;telegraph offices; and wireless communication facilities. (3334-sis7.33ra-z/se,3568-aros)) J. Eating and Drinking`Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. ord/04zoning/Chap204/8/23/04 5 ��/ '&T D.5 Ordinance No.3669 K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries,liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. I. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. A Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care,preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums,mausoleums or mortuaries. N. Horticulture. The raising of fruits,vegetables, flowers,trees, and shrubs as a commercial enterprise. O. Laboratories. Establishments providing medical or dental laboratory services;or establishments with less than 2,000 square feet providing photographic,analytical,or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair,office machine repair,or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries,yacht brokerage and sales,boat yards,boat docks,and sail-making lofts. R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure,and fertilizer of any type:is stored and sold in package form only- S. Offices,Business and Professional. Offices of firms or organizations providing professional,executive,management,or administrative services, such as architectural,engineering, graphic design, interior design,real estate, insurance,investment, legal,veterinary,and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. U. Personal Enrichment Services. Provision of instructional services or facilities,including photography,fine arts,crafts,dance or music studios, driving schools, business and trade schools,and diet centers,reducing ord/04zoninp/Chap204/8/23/04 6 EX 6 I S'T D Ordinance No.3669 salons,fitness studios,yoga or martial arts studios,and massage in conjunction with Personal Services business. V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops,dry-cleaning businesses (excluding large-scale bulk cleaning plants),photo-copying,and self-service laundries. W. Research and Development Services. Establishments primarily engaged in industrial or scientific research,including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories,but excludes manufacturing,except of prototypes, or medical testing and analysis. X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores,clothing stores,and furniture stores,and businesses retailing the following goods: toys,hobby materials, handcrafted items,jewelry,cameras,: photographic supplies,medical supplies and equipment, electronic equipment,records,sporting goods,surfing boards and equipment,kitchen utensils,hardware, appliances, antiques, art supplies and services,paint and wallpaper, carpeting and floor covering, office supplies,bicycles,and new automotive parts and accessories(excluding service and installation). Y. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances,but includes, junk shops. Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths,sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. AA. Swap Meets, Indoor/Flea Markets. An occasional,periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. BB. Swan Meets,Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. DD. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. EE. Vehicle/Eguipment Sales and Services. I. Automobile Rentals. Rental of automobiles,including storage and incidental maintenance,but excluding maintenance requiring pneumatic lifts. ord/04zoning/Chap204/8/23/04 7 F_ H I T3 IT -D• Ordinance No.3669 2. Automobile Washing. Washing,waxing,or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel,lubricants,parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles,trucks, motorcycles,mobile homes, recreational vehicles, or boats, including the sale, installation,and servicing of related equipment and parts. This classification includes auto repair shops,body and fender shops, transmission shops,wheel and brake shops, and tire sales and installation,but excludes vehicle dismantling or salvage and tire retreading or recapping. a. Limited. Light repair and sale of goods and services for vehicles,including brakes,muffler,tire shops,oil and lute, and accessory uses, but excluding body and fender shops, upholstery,painting, and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles,trucks,tractors,construction or agricultural equipment, manufactured homes,boats, and similar equipment, including storage and incidental maintenance. 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles,trucks,buses and recreational vehicles,but does not include vehicle dismantling. FF. Visitor Accommodations. l. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. HoteIs and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and"suite"hotels may have kitchens in all units. This classification includes eating, drinking,and banquet service associated with the facility. GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. HH. Quasi Residential ord/04zoning/Chap204/8/23/04 $ L y I IT �' Ordinance No.3669 I. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests,and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit;tenancies are weekly or monthly. 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity,for life or for a term of years,to the recurrent exclusive use or occupancy of a lot,parcel,unit or segment of real property, annually or on some other periodic basis for a period of time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. 204.12 Industrial Use Classifications A. Industry,Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios,candle-making shops, and custom jewelry manufacture. B. Industry, General. Manufacturing of products,primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic,and/or outdoor storage of products,materials,equipment,or bulk fuel. This classification includes chemical manufacture or processing,food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants),small animal production and processing within an enclosed building,and power generation. C. Industry,Limited. Manufacturing of finished parts or products,primarily from previously prepared materials;and provision of industrial services,both within an enclosed building. This classification includes processing, fabrication, assembly,treatment,and packaging,but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. D. Industry,Research and Development. Establishments primarily engaged in the research, development,and controlled production of high-technology electronic,industrial or scientific products or commodities for sale,but prohibits uses that may be objectionable in the opinion of the Director,by reason of production of offensive odor,dust,noise,vibration,or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses ord/04aoninglChap204/8/23/04 9 EX H I fi3lT lD.q Ordinance No.3669 include aerospace and biotechnology firms,and non-toxic computer component manufacturers. This classification also includes assembly,testing and repair of components, devices,equipment, systems,parts and components such as but not limited to the following: coils,tubes,semi-conductors;communication,navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment;metering equipment; optical devices and equipment; photographic equipment;radar, infrared and ultraviolet equipment;radio and television equipment. This classification also includes the manufacture of components,devices, equipment,parts and systems which includes assembly,fabricating,plating and processing,testing and repair,such as but not limited to the following: machine and metal fabricating shops,model and spray painting shops, environmental test, including vibration analysis, cryogenics,and related functions,plating and processing shops,nuclear and radioisotope. This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea,or air; and facilities for film and photography, metallurgy;pharmaceutical, and medical and x-ray research. E. Wholesaling,Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages,home occupations, caretakers'units,and dormitory type housing for industrial commercial workers employed on the site,and accessory dwelling units. .204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. B. Festivals, Circuses and Carnivals. Provision of games,eating and drinking facilities,live entertainment,animal exhibitions,or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. C. Commercial Filming,Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54,Commercial Photography) D. Personal Property Sales. Sales of personal property by a resident("garage Tales") for a period not to exceed 48 consecutive hours and no more than once every six months. ord/04zonirtg1Chap204/8/23/04 10 EX H ['on IT D.l b Ordinance No. 3669 E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial,or industrial development. This classification includes "model homes." F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 96 consecutive hours(four days)no more than once every 3 months. G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. 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 15TH day of NOVEMBER ,2004. ir or ATTEST: APPROVED AS TO FORM: City C erk Z3 f 6� REVIEWED AND APPROVED: "Cityorney INI D AND AP OVED: Cij Administrator Director of Planning ord/04zoning/Chap204/823/04 I 1 EX 1131T T). I i Ord. No. 3669 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington, Beach is seven;that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 1st day of November,2004,and was again read to said City Council at a regular meeting thereof held on the 15th day of November,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan,Coerper, Hardy,Green, Boardman, Cook, Winchell NOES: None The ng lnshymnsi wract ABSENT: None COPY of stye odginel on i iMs Attest r1,b. L gp11— ABSTAIN: None O It N L. r l W4 City Clerk c nlerk C Council of the Cry �;a huntington Beach, Calffornia. 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 25,2004. In accordance with the City Charter of said City _ Joan L.Flynn,City Clerk ?!ty Clerk and ex-olffi'& Clerk Uepttry Cily clerk of the City Council of the City of Huntington Beach, California o"Z- ORDINANCE NO_ 3 6 7 3 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED PS PUBLIC-SEMIPUBLIC DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 214 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: u `� " trlc ,w . Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public,and Institutional land use designation of the certified Local Coastal Program. Land Use Plan. 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more,including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. ard/04zoningchap214/9/13/04 1 E`,, 1 ���T E ' I a Ordinance No.3673 "P/U"for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-I Hospitals PC Maintenance& Service Facilities L-I Park&Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-I Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming,Limited TU Trade Fairs P Nonconforming Uses (B) or&04zoningchap 214l4l5/04 T �.a Ordinance No.3673 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator. L-2 Permitted as an accessory use in a cultural, educational,hospital,or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a, conditional use permit from the Zoning Administrator. L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568--9/02) (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236:Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203,the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) ord/04zoningchap 214l4/5/04 3 Ordinance No.3673 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development' (A) Minimum Lot Area 2 ac Minimum Lot Width(ft.) 100 Minimum Setbacks Front(ft.) 10 (B)(C)(M) Side(ft.) 0 (D) Street Side(ft.) 10 (C) Rear(ft.) 0 (D) Maximum Height of Structures(ft.) 50 (D)(E)(N) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping (%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard,Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district,a I0-foot setback is required,and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72:Exceptions to Height Limits. (F) Planting Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. ord/04zoningchap 214/4/5/04 4 EX WE-tT Ordinance No.3673 (2) A 10-foot wide landscaped strip shall be provided along all street frontages,except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However,where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except , openings opposite a street property line,the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break,a recess or offset measuring at least 20 feet in depth and one-quarter of the building length,or a series of offsets,projections or recesses,at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (N) In the coastal zone,the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt(see Chapter 245). SECTION 2. This ordinance shall become effective 30 days after its adoption. REST OF PAGE NOT USED ord/04zoningchap 2I419/13/04 5 U�'��� Ordinance No.3673 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15TH day of NOVEMBER , 2004. M ATTEST: APPROVED AS TO FORM: City Clerk giyArney REVIEWED AND APPROVED: INITIA ED AND APPROVED: ( CityAdministrator Director of Planning ord/04zoningchap 214/8/30/04 6 tM 131T E. I: Ord. No.3673 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November,2004,and was again read to said City Council at a re lar meeting thereof held on the 15th day of November,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Sullivan,Coerper,Hardy, Green,Boardman, Cook, Winchell NOES: None ABSENT: None -Pv7';,;.: ;; kwu merit is a corm f of the odgkW on Me In We offilm ABSTAIN: None Attest 11-A— 2001 w L wj Cate-Clark wW -o fiaio.Clerk of the City Coen-0 of the City of Huntington Beach, Caffornia. I,loan L.Flynn,CITY CLERK of the City of Huntington D A' — 6 WL L 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 25,2004. In accordance with the City Charter of said City Q'-J Joan L.Flynn.Ci Clerk ty Clerk and ex-offici Clerk UI YL'l.�iA Deuuty City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3675 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED FP FLOODPLAIN OVERLAY DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: Fr- Mw- Lha Sections: 222.02 Floodplain Overlay District Established 222.04 Zoning Map Designator; Establishment of Hazard Areas 222.06 Definitions 222.08 Methods of Reducing Flood Hazards 222.10 General Provisions 222.12 Land Use Controls 222.I4 Development Standards and Standards of Construction 222.16 Variances/Appeals 222.02 Floodplain Overlay District Established The FP Floodplain Overlay District is established and applies to all areas of special flood Hazard within the City. If not controlled,periodic inundation results in loss of life and property, health and safety hazards,disruption of commerce and government services, extraordinary public expenditures for flood protection and relief;and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood Iosses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities,and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 222.04 Zoning Map Designators; Establishment of Hazard Areas A. The areas of special flood hazard identified by the Federal Emergency Management Agency(FEMA) in the Flood Insurance Study for the City of Huntington Beach dated August 16, 1982 and delineated on the Flood Insurance Rate Map(FIRM) dated February 16, 1983 (revised September 16, 1989) and the Orange County, County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or aed/04zoning/chap 22218l23l04 1 Y Ordinance No.3675 amendments are hereby adopted by reference and declared to be a part of this chapter. FEMA's most recent FIRM and flood insurance study(on file with the Director)may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. B. Three subdistricts of the FP Overlay District are designated for purposes of flood hazard provisions. I. -FPI Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan by the U.S.Army Corps of Engineers. 2. -FP2 Subdistrict shall apply to FIRM areas A,AE,AO,and AH and any other area determined by the Director to be subject to similar flood hazards. 3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area determined by the Director to be subject to similar flood hazard. C. The-FP District boundaries shall be delineated on the Zoning Map by adding a "-FP" designator to the base district designator for the area affected, followed by the appropriate subdistrict designation(1,2, or 3). 222.06 Definitions Except where the context clearly indicates otherwise, the definitions given in this section shall govern the provisions of this chapter. A. Appeal. A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance. B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance Rate Map(FIRM)prepared by the Federal Emergency Management Agency (FEMA). The base flood depths range from one to three feet; a clearly-defined channel does not exist;the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard_ The land in the floodplain within a community subject to a I percent or greater chance of flooding in any given year. This area is designated as Zone A,AO,AH,AE,V, and VE on the FIRM. D. Base flood. A flood having a I percent chance of being equaled or exceeded in any given year(also called the 100-year flood). E. Basement. Any area of a building having its floor subgrade on all sides. ord/04zoninglchap 222/8/23/04 2 Ordinance No.3675 F. Breakaway wall. Any type of wall,whether solid or lattice, and whether constructed of concrete,masonry,wood,metal,plastic,or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a California-registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. G. Coastal high hazard area. The area subject to high velocity waters including,but not limited to,coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as-FP3 in this Chapter. H. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures,mining, dredging,filling, grading,paving, excavating, or drilling operations. 1. Existing manufactured home park or subdivision.A manufactured home park or subdivision for which the construction of facilities including utilities, final grading or paving of pads and the construction of streets was completed before the effective date of the City's floodplain management regulation. J. Expansion to an existing manufactured home park or subdivision. The preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date of the provisions in this chapter. K. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source; mudslides; and condition resulting from flood-related erosion. L. Flood Insurance Rate Mqp(FIRM)and Flood Boundary and Floodway Map. The official maps on which areas of special flood hazard,the risk premium zones and the floodway applicable to the community are delineated. M. Flood Insurance Study. The "Flood Insurance Study for the City of Huntington Beach,"prepared by the Federal Insurance Administration(FIA),providing flood ord/04zoning/chap 222/8/23/04 3 Ordinance No. 3675 profiles, the Flood Insurance Rate Maps,the Flood Boundary and Floodway Maps and the water surface elevations of the base flood. N. Floodlain. Any land area susceptible to being inundated by water from any source. O. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works,and floodplain management control. P. F000dplain management regulations. Zoning and subdivision ordinances,building codes,health regulations,special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property,water, and sanitary facilities, structures, and their contents. R. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. S. Functionally dependent use. A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities,port facilities that are necessary for the loading and unloading of cargo or passengers,and ship building and ship repair facilities,but does not include long-term storage or related manufacturing facilities. T. Highest adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. U. Lowest Floor. The lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced. W. New construction. Structures for which the "start of construction" commenced on or after the effective date of the City's floodplain management control (February 16, 1983). ord/04zoning/c4ap222/8/23/04 4 �� ���� F. q Ordinance No.3675 X_ Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Y. Start of construction. The date the building permit was issued, provided the actual start of construction,repair,reconstruction,placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles,the construction of columns,or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling;or does it include the installation of streets and/or walkways; or does it include excavation for a basement, footings,piers, or foundations of the erection of temporary forms; or does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Z. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50 percent of the market value before the damage occurred. AA.Substantial improvement. Any repair,reconstruction,or improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before such repair,reconstruction, or improvement.This term includes structures which have incurred"substantial damage,"regardless of the actual repair work performed. This term does not,however, include: (3285-7/95,3334-6/97) 1. Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places that will not preclude the structure's continued designation. (3265-7/95,3334-6/97) "Market value of a structure,as used herein, shall be the replacement cost as determined by its replacement value according to the valuation figures in use by the Director prior to such repair, reconstruction, or improvement. In the alternative,the applicant may submit a report by a qualified real estate appraiser which indicates the"replacement cost"of the structure. (3285-7/95.3334-6/97) "Cost" for a repair,reconstruction, or improvement project, as used herein, shall be determined by valuation figures in use by the Director. BB. Variance: A grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited. (3285.7/95.3334-&97) oect/04zoning/chap 222/8/23/04 5 Y l Ordinance No.3675 222.08 Methods of Reducing Flood Hazards Methods and provisions for reducing flood hazard include: A. Restricting or prohibiting uses which are dangerous to health, safety,and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers,which help accommodate or channel flood waters; D. Controlling filling, grading,dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and F. Any methods and provisions for reducing flood hazard within the coastal zone shall be consistent with the Coastal Conservation District. 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed, located,extended, converted,or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate,or impair any existing easements,covenants,or deed restrictions. However,where this chapter or another chapter,easement,covenant,or deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail- B. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence,floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach,which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements,or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. C. Director--Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include,but not be limited to: ord/04zoning/chap 222 V23104 6 EA H 113 IT f. (o Ordinance No.3675 1. Reviewing building permits to determine that the permit requirements of this chapter have been satisfied,that all other required state and federal permits have been obtained,and that the site is reasonably safe from flooding. 2. Reviewing building permits to determine that the proposed development, when considered with all other existing and anticipated development,will not increase the water surface elevation of the base flood more than I foot at any point. 3. Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard. 4. Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions,and the certification required for floor elevations, for developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments; for coastal high hazard areas;for anchoring of manufactured homes; and for floodway encroachments. 5. Notifying adjacent communities and responsible staff and federal agencies prior to any alteration or relocation of a watercourse. The Director shall further ensure that the flood-carrying capacity is maintained for any watercourse, or portion thereof,which has been altered or relocated. 6. Taking action to remedy violations of this chapter as provided in Chapter 249. D. Building Permit Review. Application for building permit shall include: I. Proposed elevations in relation to mean sea level,of the lowest floor of all structures; in-FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 2. Proposed elevations in relation to mean sea level and the FIRM design flood to which any structure will be floodproofed; and 3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. All appropriate certifications required in Section 222.14. 222.12 Land Use Controls A. -FPI Subdistrict 1. Permitted Uses a. Flood control channels,levees, spreading grounds and basins, roads,bridges and storm drains. ord/04zoninglchap 22M/23/04 7 PAH1131T F .`? Ordinance No.3675 b. Agricultural uses which require no permanent structures, landfill, storage of materials or equipment,or stream alteration that would result in any increase in flood levels within the regulatory floodway. 2. Uses Requiring a Conditional Use Permit from the Zoning Administrator a. Minor Utilities. b. Temporary structures which can be readily removed in the time available after flood warning. c. Recreation areas,parks,campgrounds,playgrounds,riding and hiking trails, parking lots,wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures. 3. Uses Requiring a Conditional Use Permit from the Planning Commission a. Ma}or utilities. 4. Prohibited Uses a. Landfills,excavations, improvements, developments, or encroachments that will obstruct waterflow,cause any cumulative increase in the;elevation of the design flood water profile by more than one(1)foot at any point,tend to broaden direct flood flows out of the floodway,impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. b. All encroachments,including fill,new construction, substantial improvements, and other development unless a California-registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway. c. Permanent structures. d. Storage of substances or materials capable of floating which could add to the debris load of a flood. e. Storage of chemicals,explosives,flammable liquids,toxic materials,or anything of a nature which could create a potential danger to the public health and welfare. ord/04zoninglchap 222/8123/04 8 Ordinance No.3675 B. -FP2 Subdistrict 1. Permitted Uses a. Excavation and removal of rock, sand gravel, and other materials,providing that the flood-carrying capacity of the watercourse is preserved and the excavation area is designed to receive and release floodwaters, and such excavations will not create a potential hazard to adjacent properties resulting from flood or erosion conditions. b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters,and do not increase the elevation of the design flood by more than one'(1)foot at any point,or that can fully provide for the design flood by means of watercourse improvements. c. New structures and improvements permitted by the base district or allowed with a conditional use permit including manufactured homes,which comply with the applicable standards of construction of this chapter. 2. Prohibited Uses a. Landfills, excavations,improvements, developments, or encroachments that will obstruct waterflow,cause a cumulative increase in the elevation of the design floodwater profile by more than 1 foot at any point, tend to broaden or direct flood flows out of the natural floodplain,or otherwise cause a potential hazard to life or property resulting from flood flows. C. -FP3 Subdistrict All uses permitted or conditionally permitted in the base district with which the -FP3 district is combined are permitted subject to approval of a building permit and compliance with the standards of construction of this chapter, except for the following uses which are prohibited: 1. The placement of manufactured homes except in existing parks!or subdivisions. 2. Man-made alteration of sand dunes which would increase potential flood damage. 3. Fill used for structural support of buildings. 222.14 Development Standards and Standards of Construction Development standards for the-FP Overlay District shall be specified by a conditional use permit or shall be those of the base district with which the-FP district is combined, ord/04zoningfchap 22n23/04 } Ordinance No.3675 provided that the following standards of construction shall apply in the -FP2 and-FP3 subdistricts. A. -FP2 Standards of Construction. I. AnchorinQ- All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14A5. 2. Construction Materials and Methods.All new construction and substantial improvements shall use construction methods and practices that minimize flood damage,and shall utilize materials and utility equipment resistant to flood damage.Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. 3. Elevation and F000dproofing. a. New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except: 1. In an AO zone the lowest floor including basement shall be elevated one foot above the highest adjacent grade to a height exceeding the depth number on the FIRIv1 by one foot or at least three (3)feet if no depth number is specified, and 2. In an A zone,the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. (3285-7195,3334-6/97) Upon completion of the structure,the elevation of the lowest floor including basement shall be certified by a California-registered architect,engineer, or surveyor. The elevation certificate shall be submitted to the Director. b. Nonresidential construction shall be either elevated to comply with subsection 3a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection 3a so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director. c. Space Below the Lowest Floor. All new construction and substantial improvement with fully enclosed areas below the lowest floor(excluding basements)that are usable solely for parking of vehicles, building access or storage,and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and ord/04zoning/c6ap 222/8/23/04 10 EXH «1T F. 0 Ordinance No.3675 exit of floodwater. All proposals for using space below the lowest floor shall exceed the following requirements: (1) Be certified by a California registered engineer or architect;or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration,Federal Emergency Management Agency, or (3) Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings maybe equipped with screens, louvers,valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters. d. All preliminary development proposals shall identify the flood hazard area,the elevation of the base flood, and be consistent with the need to minimize flood' damage. All developments shall provide adequate drainage to reduce exposure to flood hazards. e. All final subdivision plans shall provide the elevation of proposed structures and pads. The lowest floor and pads shall be certified by a California registered engineer or surveyor and submitted to the Director. 4. Standards for Utilities and Mechanical Equipment. a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. c. All new construction and substantial improvements shall be constructed with electrical,heating,ventilation,plumbing and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. All subdivision proposals shall have public utilities and facilities such as sewer, gas,electrical and water systems located and constructed in a floodproof manner. 5. Standards for Manufactured Homes. a. All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located ord/04zoninglchap 222/823/04 1 1 EMB tT Ordinance No.3675 1. outside of a manufactured home park or subdivision, 2. in a new manufactured home park or subdivision, 3. in an expansion to an existing manufactured home park or subdivision,or 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. b. All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation or the manufactured home chassis supported by reinforced piers or other foundation elements of equivalent strength that are a minimum of 3 feet above grade. Where a site upon which a manufactured home has incurred substantial damage as the result of a flood, subsection 5a shall apply. c. AlI manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation,collapse,and lateral movement. B. -FP3 Standards of Construction 1. Location of Buildings a. All new construction shall be located on the landward side of the reach of the mean high tide. 2. Construction Methods: a. Elevation. All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed space shall not be used for human habitation but may be used for parking, building access or storage.(3285-7195, 3334-6/97) b. Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal portion of the structural member of the lowest floor(excluding the pilings or columns)is elevated at or above the base flood level.The pile or column foundation and structure attached thereto is anchored to resist flotation,collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the ord/04zoning/chap 222/8/23/04 12 Ordinance No.3675 base flood. Wind loading values used shall comply with standards adopted by the City. 3. Certification. A California-registered engineer or architect shall certify to the satisfaction of the Director that the proposed structure complies with the requirements of this section. The Director shall obtain and maintain records of the elevation(in relation to mean sea Ievel) of the bottom of the lowest structural member of the lowest floor(excluding pilings or columns)of all new and substantially improved structures,and whether such structures contain a basement. C. Standards for Recreational Vehicles. All recreational vehicles placed on a site within a flood hazard zone shall be fully licensed and ready for highway use, restricted to a maximum stay on site of 180 days unless the elevation and anchoring of the recreational vehicle complies with the Standards for Manufactured Homes. All recreational vehicles placed in coastal high hazard areas(V and VE zones)shall also comply with-FP3 standards for construction. 222.16 Variances/Appeals A. General Provisions. The Planning Commission shall hear and decide requests for variances from the standards of this chapter as well as requests for appeals when it is alleged there is an error in any requirement,decision, or determination made by the Director in the enforcement or administration of this chapter in accord with the procedures established in Chapter 241 and 248. I. Variances may be issued for new construction and substantial improvements on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level,providing the standards listed in this chapter are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases. 2. Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public nuisance. 3. Variances may be issued for the repair or rehabilitation of historic structures which are listed on a local or state inventory,determined by the Secretary of the Interior to be historic,or listed on the National Register of Historic Places provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure. ord/04zoning/chap 22218/23/04 13 EX N 1131T F. 13 Ordinance No.3675 4. Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. B. Factors to be Considered. In reviewing applications, the Planning Commission shall consider all relevant factors, including technical evaluations,this section,and other standards specified in this chapter. In reaching a decision on an appeal or variance,the Commission-shall consider the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility,if applicable; 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan,Local Coastal Program, and the floodplain management program for that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; 9. Expected heights,velocity,duration,rate of rise, and sediment transport of the flood waters expected at the site;and 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services,and streets and bridges. C. Findings. When granting a variance,the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241. 1. The project provides the minimum deviation to afford relief from the provisions of Chapter 222. ord/04zoning/chap 222/823/04 14 EX W'BB T :F. ►� Ordinance No.3675 2. The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense;create a nuisance,cause fraud or victimization of the public, or conflict with existing local laws or ordinances. D. Authority to Impose Additional Conditions. In addition to the authority to impose conditions under Section 24I.14, the Planning Commission may attach conditions to the granting of variances as deemed necessary. E. Records. The Director shall maintain a record of all variance actions and findings to justify their issuance, and report such variances to FEMA and FIA upon request. (3285-7/95,333"/97) 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 1 5TH day of NOVEMBER ,2004. ATTEST: APPROVED AS TO FORM: ,,=Al JJr City Clerk (Yo!��CiA�mey $2?, REVIEWED AND APPROVED: INITIA D AND APPROVED: City fUrninistrator v Director of Planning or&04zoning/chap 222/8/23MA 15 Ord.No, 3675 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } I,JOAN L. FLYNN,the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 1st day of November,2004,and was again read to said City Council at a reaular meeting thereof held on the 15th day of November,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Sullivan,Coerper,Hardy, Green,Boardman,Cook, Winchell NOES: None The foregoing instrument is a correct ABSENT: None copy of the original on file in this office. Attest 2061 ABSTAIN: None y a p, City Clerk and Ex-off icia Clerk bf the City Council of the City of Huntington Beach, California I,Joan L Flynn,CITY CLERK of the City of Huntington By 4A. Q, Deputy(a Beach and ex-officio Clerk of the City Council,do hereby J (� certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Joan L.Flynn,Ci1y Clerk ity Clerk and ex-offici Jerk 10, 1� Deputy city Clerk of the City Council of the City of Huntington Beach,California R ORDINANCE NO. ,77 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OFF-STREET PARKING AND LOADING PROVISIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 1� oa mWjVr �� Sections: 231.02 Basic Requirements for Off-Street Parking and Loading 231.04 Off-Street Parking and Loading Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231.12 Parking Spaces for the Handicapped 231.14 Parking Space Dimensions 23 1.16 Application of Dimensional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visibility 231.24 Landscape Improvements 231.26 Parking Area Plan Required 231.28 Oceanside or On-Street Parking within the Coastal Zone 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site,construction of a structure, or major alteration or enlargement of a site or structure,off-street parking facilitit;s and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50 percent of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. B. Nonconforming Parking or Loading: No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter,provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: ordl04zoninglchap 231l823/04 1 �XH 1131T G?. Ordinance No.3677 l. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. C. Spaces Required for Alteration or Enlar eg ment. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement,or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case,the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. D. Spaces Required for Multiple Uses. If more than one use is located on a site,the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only . to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06A,but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent Iot may be used which is in the same person's-possession as the structure or use. Such possession may be by deed or long- term lease,approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent Iot unless substitute parking is provided. Parking facilities provided by a parking district or parking-authority are not subject to these locational requirements. I. Parking in Yards in R Districts. The parking of motor vehicles,trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the Iot except as provided below. (a) Oversized vehicles(see Definitions Chapter 203),campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (b) Commercial oversized vehicles (see Definitions Chapter 203)or special purpose machines shall be prohibited in any yard area. ord/04zoning/chap 231/8/23/04 2 Ordinance No.3677 2. Parking in Yards in C or I Districts. Required yards may be used for required parking,subject to the Iandscaping standards of Chapter 232. 3. Access. When a lot abuts an arterial highway and a local street,access to on-site parking shall be from the local street. When a lot abuts an alley,then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. F_ Computation of Spaces Required. If,in the application of the requirements of this chapter,a fractional number is obtained, one additional parking space or loading space shall be required. G. Other Requirements. l. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. 231.04 Off-Street Parking and Loading Spaces Required A. Non-residential uses shall provide one loading space(minimum fourteen [14] feet in width,twenty [20] feet in length, and fourteen [14] feet in height)for each 20,000 square feet, or fraction thereof, of gross floor area; however,a maximum of three(3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. B. Off-street parking spaces shall be provided in accord with the following schedule. . References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. Where the use is undetermined,the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination,the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five(5)spaces. The change of use request must be on a site with two or more uses, have minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. (3526-2102) ord/04zoning/chap 23118123104 3 _ Ordinance No.3677 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A Use Classification Spaces Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclosed and 2 open' 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the RMH-A district 2 enclosed spaces per unit with up to three bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom I enclosed space per unit 2 bedrooms 2 spaces(1 enclosed)per unit 3 or more bedrooms 2.5 spaces(I enclosed)per unit Guests 0.5 space per unit Senior Studio/one bedroom I covered space per unit Two bedrooms 1.5 spaces per unit(I covered) Manufactured Homes 2 spaces per unit; one covered, and one may be behind the first Guest 1 per 3 manufactured homes Rooming House I space per guest room plus I space per owner/manager plus I space per each 10 guest rooms Residential Care, Limited I per 3 beds Public and Semi-public Clubs and Lodges I per 35 sq. ft. used for assembly purposes of I per 3 fixed seats(18 inches=one seat), whichever is greater 'Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis. or&04zoning/chap 231/923/04 4 ci .q Ordinance No.3677 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Cultural Facilities 1 per 300 sq. ft_gross floor area Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals I per 1.5 beds Maintenance and Service Facilities I per 500 sq. ft. Park and Recreation Facilities As specified by conditional use permit for private facilities Public Safety Facilities As specified by the conditional use permit Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (I8 inches= 1 seat), whichever is greater Residential Care, General I per 3 beds; plus additional spaces,as specified by conditional use permit Schools,Public or Private Preschools,nursery day care I per staff member,plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Trade schools, music I per 35 sq. ft. of instruction area conservatories Utilities, Major As specified by conditional use permit Commercial Ambulance Services I per 500 sq.ft.; plus 2 storage spaces Animal Sales and Services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. Artists' Studios I per 1,000 sq. ft. Banks and Savings& Loans I per 200 sq.ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services I per 1,000 sq. ft.of lot area;minimum 10 plus 1/300 sq.ft. office area ord/04zoning/chap 231/8/23/04 5 EX N1�3�T Gq .5 Ordinance No.3677 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (concinoed) Use Classification Off-Street Parking Spaces Catering Services 1 per 400 sq.ft. Commercial Recreation and Entertainment Bowling Alleys 3 per lane,plus I per 250 sq. ft. of public assembly and retail areas Electronic Game Centers I per 200 sq.ft. Health Clubs I per 200 sq. ft. except that area designated for group instruction shall be parked at a ratio of 1 per 100 sq.ft. Stables I per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court Theaters I per 3 fixed seats, or I per 35 sq. ft. seating area if there are no fixed seats Other Commercial As specified by the Zoning Administrator or Recreation and Entertainment Planning Commission Communications Facilities I per 500 sq. ft. Eating and Drinking Establishments with less than 12 seats I per 200 sq.ft. with more than 12 seats I per 60 sq. ft_ or I per 100 sq. ft. when on a site with 3 or more uses with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales I per 200 sq. ft. Furniture and Appliance Stores I per 500 sq. ft. excluding areas used for storage or loading,but not less than 5 Funeral and Interment Services I per 35 sq.ft. of seating space Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or loading,but not less than 5 Horticulture,Limited I per 2 acres Laboratories 1 per 500 sq.ft. Maintenance and Repair Services I per 500 sq. ft. Marine Sales and Services I per 500 sq. ft. Nurseries I per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing,but no less than 10;plus 1 per 300 sq. ft. office area Offices,Business and Professional I per 250 sq. ft. for less than 250,000 sq.ft.; I per 300 sq. ft. for 250,000 sq. ft. or more Offices,Medical and Dental 1 per 175 sq.ft. (includes out-patient medical/surgery centers) ord/04zoning/chap 23Il8/23/04 6 Ordinance No.3677 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Pawn Shops I per 200. sq. ft. Personal Enrichment Services 1 per 35 sq. ft. of instruction area; or Maximum I per 200 sq. ft.provided the number of students per classroom does not exceed required number of parking spaces,plus instruction area does not exceed 75 percent of floor area. Personal Services I per 200 sq. ft. Research and Development Services I per 500 sq. ft. Retail Sales Not Listed Under Another I per 200 sq.ft. Use Classification Sex Oriented Business Cabaret with less than 12 seats, 1 per 200 sq. ft.;with 12 seats or more, I per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses Encounter center 1 per 35 sq. ft. of instruction area Escort bureau I per 250 sq. ft. Hotel/Motel 1.1 per guest room;plus 1 per passenger transport vehicle(minimum of 2 stalls)and 2 spaces for any manager's unit and parking for other uses as required- by this schedule Mini-motion picture theater, I per 3 fixed seats, or I per 35 sq. ft. seating area if motion picture theater or there are no fixed seats motion picture arcade Retail sales 1 per 200 sq. ft. Swap Meets,Indoor/Flea Markets 1/100 sq.ft. except as maybe modified by the . Planning Commission through the conditional use permit process,after submittal,review and approval of a traffic engineering study ordl04zoninglchap 231/8l23l04 7 Ordinance No.3677 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Vehicle/Equipment Sales and Services Automobile Rentals I per 1,000 sq.,ft. of indoor/outdoor sales and/or display lot area accessible for public viewing,but no less than 10;plus 1/300 sq. ft. office area; 1/200 sq.ft. auto service area Automobile Washing(Car Wash) Full-service(attended) 10 With fuel sales 12 Self-service(unattended) 1.5 per wash stall Service Stations full-serve/repair garage I per 500 sq. ft. but no less than 5 self-serve 2 with convenience markets I per 200 sq.ft. of retail space but no less than $ with self-serve car wash 4 with self-serve car wash 10 and convenience market Vehicle/Equipment Repair I per 200 sq.ft. but no less than 5 Vehicle/Equipment Sales 1 per 1,000 sq.ft. of indoor/outdoor sales and/or and Rentals display lot area accessible for public viewing, but no less than 10;plus I per 300 sq.ft. office area; 1 per 200 sq. ft. auto service area Vehicle Storage 1 per 5,000 sq. ft. lot area;no less than 5 Visitor Accommodations: Bed and Breakfast I per guest room plus 1 guest and I manager/owner space Hotels,Motels 1.1 per guest room;plus I per passenger transport vehicle(minimum of 2 stalls)and 2 spaces for any manager's unit and parking for other uses as required by this schedule Single Room Occupancy, 1.0 per unit, 10%shall be designated as visitor Residential Hotels parking; I per passenger transport vehicle (minimum of 1 stall)one loading space,and 2 spaces for any manager's unit,plus 0.5 per all remaining personnel (3494-5101) Warehouse and Sales Outlets I per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10%office area) Manufacturing,research assembly, I per 500 sq. ft. packaging ord/04zoninglchap 231/8123/04 $ EXH t131T Ci.g Ordinance No.3677 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Wholesaling,warehousing and I per 1,000 sq. ft. distributing space Offices I per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage,wrecking/ I per 5,000 square feet of lot area,but no less salvage and Iumber yards than 5 Mini-storage facilities Single-story I per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit 231.06 Joint Use Parking In the event that two(2)or more uses occupy the same building, lot or parcel of land,the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: l. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and 2. There shall be no conflict in the operating hours based_ on parking space requirements for the different uses on the parcel; and 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy,whichever occurs first. 231.08 Reduced Parking for Certain Uses A. The Zoning Administrator may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule"A"in Section 231.04, provided that the following findings are made: (3334-6i97,352&2m2) 1. The parking demand will be less than the requirement in Schedule A; and 2. The proposed use of the building or structure,will not generate additional parking demand; and ord/04zoning/chap 231l8/23l04 9 EXH1131T G�.9 Ordinance No.3677 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. B. The Zoning Administrator may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant's request and expense as a basis for approval of a reduction in required parking. 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to conditional use permit approval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy,whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval. 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. 231.14 Parking Space Dimensions Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. Angle of Stall Stall Aisle Width' Parking Width Depth 1-way 2-way 00 9 19 (with 8 ft. Striped _ 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 45° 9 19 15 20 600 9 19 20 20 900 9 19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 'Minimum 24 feet when determined by Fire Department to be a fire lane. ord/04zoninpkhap 231/8/23/04 10 EXHI15IT C-;1 .[0 Ordinance No.3677 '., 300 ,450 & 600 Parking: ZI&\� A� OV \ fib' fit@ 900 Parking 24 In. Exterior Dimension ----------------- LJL ' 1 I 19 Ft. j 18 In. Interior Dimension I Parallel Parking \ 9 ft. \ 8 ft. _(_ 19 ft. _i_ 19 ft. g ft 6:%DMDRAW=tSTRP.BM STRIPING REQUIREMENTS DIAGRAM A ord/04zoning/chap 231/8/23/04 EXHIBIT 6�. 11 Ordinance No.3677 231.16 Application of Dimensional Requirements A. Relation to Walls and Posts/Columns. A parking space on a site with more than five (5)parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three(3)feet. Post/columns may be permitted along the side of each space only within three (3)feet of the head and foot of each stall. B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet,except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations(Title 24, Part 2, Chapter 2-71). - For residential uses,non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance,provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space. C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence,wail,building or walkway. D. Parking Space Dimension Reduction. When a parking space abuts a Iandscape planter, the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that aL surface waters will drain into a public street,alley, storm drain,or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits,drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Commercial centers which have 200 parking spaces or more shall have at Ieast one main entrance designed as depicted in Diagram B. or&04zoning/chap 231/8/23iO4 12 Ordinance No.3677 t t t t t t 100, t 1 OMt t t t - __ --� 72a4_ft Oft. ' GDIV90RAwIDiENT.BN COMMERCIAL CENTER MAIN ENTRANCE FOR PARKING LOTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot-bv-3-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. . Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. r-� 2 ft. Wheel— �\ Maneuvering 19 ft. II stop area f r E9 h. L i_ 26 ft_ aft 3ft.l 12"Step off area G.TMDRAWa314MD.BMP TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C ord/04zonin8/chap 231/8/23/04 13 EN1BtT Gj. 13 Ordinance No.3677 C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. D. Residential parking. 1. Garages and Carports. All required garages and carports,permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. 3. Turning Radius. The minimum turning radius for any garage,carport or open parking space, entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) STREET GA GE ------- ---—-—-RtLEY- L F DRIVEWAY STREET STREET 6:1DIV9D RAW 1231-TUR N.BMP TURNING RADIUS DIAGRAM D ordl04zoning/chap 231 23I04 14 x14113►T C1. I Ordinance No.3677 4. Driveway yWidth. Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multi-family dwellings Greater than 150 feet 20 feet clear width Exception: when designated as fire lane,all Fire Department requirements shall apply. 5. Guest Parking. All guest parking shall be fully accessible. 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter,the additional required parking spaces may be in tandem with enclosed spaces,provided the tandem space is assigned to an enclosed space and complies with the required turning radius. 7. Planned Residential Developments. In a planned residential development where a' garage is constructed a minimum of 20 feet from the curb,the.driveway in front of the garage may be used to provide one of the required uncovered spaces. 8. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 1) Fire Department approval for location and emergency entry-. (3526-2/02) 2) Postmaster approval of location for mail boxes or entry for postal carrier. 3) Shall provide a driveway within a minimum of twenty(20)feet for vehicle stacking. 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky,except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. 10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. 11. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)parking spaces on-site. E. Non-residential Parking and Loading. 1. Designated Parking. Parking spaces within an integrated,non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. 2. Parking,Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: ord/04zoning/chap 231/8/23/04 15 EXIT 1131T 61.15 Ordinance No.3677 1) Fire Department approval for location and emergency entry. 2) Postmaster approval of location for mail boxes or entry for postal carrier. 3) Shall provide a driveway with a minimum of twenty(20)feet for vehicle stacking. 3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure. 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. 5. Loading Location. On a site adjoining an alley,a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading,dock facilities,and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter,Fire Department requirements,and the following standards: I. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. 2. Boundaries of such lots shall be marked off and secured by chain or cable,with posts a minimum of 3 feet in height, solidly built. At a minimum, posts shall consist of 4" x 4"wood or equivalent metal posts a minimum of 1-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood),or asphalt or concrete curbs,or any other design that will provide adequate protection. 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. ord/04zoning/chap 231/&/23/04 16 EXWBIT �. 1� Ordinance No. 3677 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way,or at a distance recommended by the Department of Public Works and approved by the Director. 7. An attendant shah be on duty at all times during business hours of seasonal parking lots. 8. An approved fire extinguisher shall be provided on the premises during business hours. 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. For seasonal parking lots,a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of$1,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements.. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. G. Parking;Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition,parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking structures shall comply with the following requirements: I. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. 3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the ord/04zoninJchap 231/8/23/04 17 �`] Ordinance No.3677 following factors in reviewing a proposal: bulk, scale,proportion,building materials, colors,signage,architectural features, and landscaping. 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. 231.20 Bicycle Parking 1. Bicycle Parking Requirements: A. Non residential developments shall provide one(1)bicycle stall for every twenty (20)parking spaces. Racks shall be made available to both customers and employees. B. Residential multiple family projects shall provide at a minimum one(1)bicycle stall per four(4)units in a secured, enclosed and covered area. The Planning Director shall approve Iocation and provisions as set forth. 2. Design Standards: A. Bicycle parking facility shall include provision for locking of bicycles,either in lockers or in secure racks in which the bicycle frame and wheels may be locked by the user. Bicycle spaces shall be conveniently located near the primary entrance of structures or central location and shall be protected from automobile damage. The Planning Director shall approve all the aforementioned criteria 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. 231.24 Landscape Improvements Landscape,planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. 231.26 Parking Area PIan Required Prior to the construction,reconstruction,or restriping of an off-street parking area,a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include: A. Location and description of fencing and architectural screen walls. B. Location and placement of parking stalls, including bumpers,striping and circulation, all dimensioned to permit comparison with approved parking standards. C. Location and placement of lights provided to illuminate the parking area. D. A drainage plan showing drainage to a public way in accordance with accepted standards or practices. E. A landscape,planting and irrigation plan prepared consistent with the requirements of Chapter 232. ord/04zoning/chap 231/11/10/04 18 EXHIBIT (ai . l7 Ordinance No.3677 F. Existing off-street parking areas that were approved at a reduced dimension (e.g.width, length,aisle width)may be reconstructed and re-striped or only re-striped at their previous reduced dimension. G. When re-striping,parking stalls shall be as depicted in Section 231.14, Diagram A. H. If a parking area is proposed to only be re-striped;no Iandscape, drainage, or lighting plan is required. Single-family dwellings on pre-existing lots are exempt from this requirement. 231.28 Oceanside or On-Street Parking within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available. 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 15TH day of NOVEMBER _ ,2004. Ma o ATTEST: APPROVED AS TO FORM: City C er City Altorney 0yl REVIEWED AND APPROVED: INITI D AND APPROVED: City Adn Iinistrator Director of Planning ord/OAzoning/chap 231/8123/04 19 EMBI-T C-4-17 Ord. No. 3677 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 1st day of November,2004,and was again read to said City Council at a regular meeting thereof held on the 15th day of November,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper,Hardy, Green,Boardman, Cook,Winchell NOES: None The foregoing instrument is a correct copy of the original on file in this office. ABSENT: None Attest • U. 20L City Clerk and Ex-officio Clerk of the City ABSTAIN: None Council of the City'.of Huntington Beach, Callornia. yy Ll)sputy 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 25,2004. In accordance with the City Charter of said City y ( � Joan(L.Flynn,Qi1y Clerk y Clerk and ex-offici Jerk Deuuty City Clerk of the City Council of the City of Huntington Beach, California Ex� iT3trt C�.� ORDINANCE NO. 3679 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NONCONFORMING USES AND STRUCTURES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 236 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: pteono- kt>cu _ � � Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions A. A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases,the subsequent use of such land, structure or building site shall be in conformance with the regulations. specified by this code. B_ A nonconforming use shall not be resumed,reestablished,or reopened after it has been abandoned, discontinued or changed to a conforming use. C. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six(6)months. D. A nonconforming use which is not housed in any structure,but occupies a lot or portion of a lot, shall not be enlarged or extended to any other portion of the lot or any other Iot not so occupied at the time the use became classified as nonconforming. E. A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming. 236.04 Destruction of a Nonconforming Structure or Use These provisions shall govern reconstruction of the nonconforming structures andlor uses listed below after such structure or use is destroyed by fire,explosion,act of nature or act-of the public enemy by the percentage of value specified. ord/04zoning/chap 236/8/23/04 1 E H (B Ordinance No.3679 A. Nonconforming structures and nonconforming uses destroyed 50%or less of the value prior to damage may be completely rebuilt. B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50%of the value may be completely rebuilt. C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50%of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: I. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or 2. The Director permits such alteration subject to Neighborhood Notification pursuant to Chapter 241 and the following findings: a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. b. That the alteration or addition will not increase the number of stories. C. That the alterations will not cause the floor area to exceed more than ten(10%)percent of the floor area the structure contained at the time the use became nonconforming. C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to Director approval and Neighborhood Notification pursuant to Chapter 241. E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50%of the area of the structure as it exists on the effective date of this ordinance. 236.08 Sex Oriented Businesses A. Any sex oriented business lawfully operating on the effective date of the Ordinance No. 3378 that is in violation of Section-212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of three years with possible one year extensions(maximum ord/04zoning/chap 236/8123/04 2 ExHvi3fr .a Ordinance No.3679 extensions of five (5)years)to be granted by the Planning Commission only upon a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use,unless sooner terminated for any reason or voluntarily discontinued for a period of thirty(30)days or more. Such nonconforming uses shall not be increased,enlarged,extended or altered except that the use may be changed to a conforming use. If two(2) or more sex oriented businesses are within 750 feet of one another and otherwise in a permissible location,the sex oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es)is nonconforming. B. A sex oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex oriented business zoning permit, of a building used for religious assembly, school,park and recreational facility or any property zoned RL, RM,RMH,RH,RMP,and any properties with equivalent designations under any specific plan within five hundred feet(500')of the sex oriented business. C. Any application for a building permit to operate a sex oriented business in a location that is in violation of Section 212.04 that is filed prior to,but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to Section A. Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378. 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 15TH day of NOVEMBER ,2004. IF M ATTEST: APPROVED AS TO FORM: d City Cler '-a f City tto, REVIEWED AND APPROVED: INI ED AND PROVED: City&dministrator Director of Planning ord/04zoning/chap 236/8/23/04 3 Ord.No. 3679 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November,2004,and was again read to said City' Council at a re ular meeting thereof held on the 15th day of November,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Sullivan, Coerper,Hardy,Green,Boardman,Cook, Winchell NOES: None The foregoing instrument is a correct ABSENT: None copy of the original on fi in this offer. Attest f U, 20 f ABSTAIN: None a L. City Clerk and Ex-officic ClerkWaL ® City Council of the City of Hugfington Beach, California. I,Joan L.Flynn,CrrY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby fdlt certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Joga L.Flynn,Ci1y Clerk ity Clerk and ex-offi Clerk Deputy City Clerk of the City Council of the City of Huntington Beach,California EX H 173IT H.Ll ORDINANCE NO. 3680 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING.CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED DESIGN REVIEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 244 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: Ch Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.02 Applicability Design review is required for projects in redevelopment areas,and applicable specific plans areas designated by the City Council,and for projects abutting or adjoining PS districts. 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director, Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appointed by and responsible to the City Council. The membership shall consist of the following: I. Two(2)At-large members,consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 2: One(I)current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. The Director of his/her designee. or&04zoning/chap 2"423/04 I EX t IT .�,J► 1 Ordinance No.3680 4. The Public Works Director or his/her designee. B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be our (4)years, except as hereinafter provided. One At-large member shall be appointed in 1994,and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two(2) consecutive terms,except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors and appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs,and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval,and may approve,disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. 244.06 Scope of Review A. In making its determination,the Board shall review and consider l. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that.relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping,parking spaces, driveways,potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development;and ord/04zoning/chap 2U/&a3/04 2 E X H 113( { -5 .a Ordinance No.3680 6. Whether energy conservation measures have been proposed and the adequacy of such measures,including,but not Iimited to,the use of active and passive solar energy systems. B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan. 244.08 Required Plans and Materials Plans and materials to fully describe and explain the proposed development shall be submitted as required by the application form or by the Director, as deemed necessary. 244.09 Time Limit; Transferability,Discontinuance, A. Time Limit.A Design Review Board recommendation shall become null and void one year after its date of Director approval. If the initial application is in association with another discretionary permit said permit shall become null and void one year after the final action of the hearing body. 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 15TH day of NOVEMBER , 2004. r ATTEST: APPROVED AS TO FORM: City.Clerk 4 j&,f City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City ddministrator Director of Planning ord/04zoning/chap 244/8/23/04 3 EX , I*D'T- 3:.3 Ord,No. 3680 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November,2004,and was again read to said City Council at a rezular meeting thereof held on the 15th day of November,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper,Hardy, Green,Boardman, Cook,Winchell NOES: None The foregoing instrurrlent is a coyract copy of the original on file in this office. ABSENT: None Attest � t 2011 Jow ABSTAIN: None City Clerk and Ex-offici Clerk o the City Council of the City-of Huntington Beach, Cal#orteia. �� I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby 1M1� r certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Jo L.Flynn,City Clerk ' y Clerk and ex-offici Jerk Deputy City Clerk of the City Council of the City of Huntington Beach, California EX HI T31T .z .q ORDINANCE NO. 3 6 81 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED GENERAL PROVISIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 250 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: ap ene Sections: 250.02 Citation and Authority 250.04 Consistency 250.06 Applicability 250.08 Exceptions 250.10 Definitions 250.12 Responsibilities 250.14 Map Requirements 250.16 Fees and Deposits 250.02 Citation and Authority This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach. 250.04 Consistency No land shall be subdivided and developed for any purpose that is inconsistent with the Huntington Beach General Plan,the Local Coastal Program for development within the coastal zone,or any applicable specific plan of the City or that is not permitted by Titles 20-24,Zoning, or other applicable provisions of this Code. The type and intensity of land use as shown on the General Plan, and Local Coastal Program for land within the coastal zone,and any applicable specific plan shall determine,together with the requirements of the Subdivision Map Act and this Title,the type of streets,roads,highways, utilities,and other public services that the subdivider shall provide. 250.06 Applicability The provisions set forth in this Title shall apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof lying within the City shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this chapter. or(1104zoningfchap 250/8/23/04 1 EX ')rT 7.1 Ordinance No.3681 All subdivisions and lot line adjustments located within the coastal zone that meet the definition of development as defined in Section 245.04(J)shall require approval of a coastal development permit. 250.08 Exceptions This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and'66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d)of the Subdivision Map Act,a Iot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created,provided that,the lot line adjustment is approved pursuant to Section 250.16B. 250.10 Definitions For the purposes of this Title;unless otherwise apparent from the context,certain words and phrases used in this Title are defined in this section as set forth below. All definitions provided in Chapters 1.04,245.04, and 203 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this Title and said definitions are hereby incorporated by this reference as though fully set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting , public way. Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously,or where a legal subdivision has declared such parcel as acreage. Block. The area of land within a subdivision,which area is entirely bounded by streets, highways or ways,except alleys, or the exterior boundary or boundaries of the subdivision. Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this Title. City Engineer. The City Engineer of the City of Huntington Beach. Collector Street. A street, intermediate in importance between a local street and an arterial highway,which has the purpose of collecting local traffic and carrying it to an arterial highway. Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. Cul-de-Sac. A local street, one end of which is closed and consisting of a circular turnaround. Day. A calendar day unless otherwise specified. Department. The Community Development Department of the City of Huntington Beach. Department of Public Works. The Department of Public Works of the City of Huntington Beach. Director. The Director of the Community Development Department of the City-of Huntington Beach. - Easement. A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party. ord/04zoning/chap 250/8/23/04 2 E ,H I BIT 0-•9- Ordinance No.3681 Final Man. A map showing a subdivision of five or more parcels,prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or lesser number of parcels than originally existed is not created. Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel. Parcel. A unit or portion of a unit of improved or unimproved land. Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Parkway. That area between the curb face and abutting property Iine. Person. Any individual, firm,co-partnership,joint venture, organization,corporation,estate, trust,receiver, syndicate,this City, and any other public agency. Private Street. Any street or accessway which is privately held_,maintained and utilized as access to a development. Remainder. That portion of an existing parcel which is not divided for the purpose of sale, lease,or financing nor part of the subdivision. Scenic Easement. An easement dedicated to the City that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development. Service Road. A street adjacent to and providing access to an arterial highway. Standard Plans. Plans and engineering drawings for public improvements as adopted by the Department of Public Works. Standard Engineering Specifications. Specifications for public improvements adopted by the Department of Public Works. Subdivision Committee. The Subdivision Committee of the City of Huntington Beach. Subdivision Map Act. The provisions of Division 2, Subdivisions of the California Government Code, relating to subdivisions of land and real property commencing with Section 66410. Tentative man. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it precedent to the approval of a final map. Tentative map shall include a tentative parcel map,prepared pursuant to the provisions of this Title. Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10 percent. Any portion of the parcel exceeding 10 percent shall,for the purpose of this Title,be considered slope and not usable parcel area. Vesting Tentative Map. A tentative map for a residential subdivision that has,printed conspicuously on its face,the words "vesting tentative map" at the time it is filed-with the City, and is processed in accordance with the provisions of Chapter 252 of this Title. 250.12 Responsibilities ord/04zoning/chap 250/8/23/04 3 EXHIBIT Z3 Ordinance No.3681 A. City Attorney. The City Attorney's responsibilities shall include approving as to form all subdivision improvement agreements; covenants,codes,and restrictions; security,liability agreements and insurance;and all governing documents for a community apartment project,condominium,stock cooperative, or conversion. B. City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the City of land and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels. The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission. C. Planning_Commission. The Planning Commission's responsibilities shall include approving,conditionally approving,or denying the application for tentative map approval of subdivisions of ten or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of 9 or fewer parcels. D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval,conditional approval or denial of tentative map approval of subdivisions of or less parcels,tentative parcel maps and waivers of parcel map requirements, mergers and certificates of compliance. E. City Engineer. The City Engineer's responsibilities shall include: 1. Establishing design and construction details, standards and specifications. 2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this Title. 3. The processing and certification of final maps,reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans. 4. Examining and certifying that final maps are in substantial compliance with the approved tentative map. S. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments. 6. The inspection and approval of subdivision public improvements. 7. The acceptance of dedications and public improvements for subdivisions by parcel map,and off-site dedications lying outside.a subdivision boundary which require a separate grant deed. 8. Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees. F. Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments. 1. Determinations of violations of the provisions of the Subdivision Map Act or this Title. ord/04zoning/chap 250/&/23/04 4 Ordinance No.3681 2. The management of the Planning Division in carrying out the responsibilities imposed upon it by this Title. When necessary to carry out the Director's responsibilities hereunder,the Director may designate and authorize a representative to act on his or her behalf. 3. Collection of park and recreation fees and fees associated with tentative maps. G_ Subdivision Committee. The Subdivision Committee's responsibilities shall include examining and determining that tentative and vesting tentative maps comply with the provisions of the Subdivision Map Act,this Title,the Local Coastal Program for maps located within the coastal zone, and the City's General Plan, and recommending approval,disapproval,or conditional approval of tentative or vesting tentative maps to the Planning Commission or Zoning Administrator. The Subdivision Committee shall consist of the following members or their authorized representatives: I. The Director who shall serve as chairperson and secretary; 2. The City Engineer; 3. The Fire Chief; and 4. Three members of the Planning Commission. Representatives from other departments shall attend meetings when requested to do so by the Subdivision Committee, H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over coastal development permits approved for all subdivisions and lot line adjustments located within the appealable area of the coastal zone that constitute development as defined in Section 245.04(J). 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels,or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: I. Subdivisions of a portion of the operating right-of-way of a railroad corporation,which are created by short-term leases terminable by either party on not more than 30 days'notice in writing. 2. Land conveyed to or from a governmental agency,public entity ovpublic utility,or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way,unless a showing is made by the Department in individual cases,upon substantial evidence,that public policy necessitates a parcel map. If a parcel map is not required,the dedication or offer must be indicated by a separate instrument. ord/04zoning/chap 250/8/23/04 5 E X H l B J,5 Ordinance No.3681 3. Lot line adjustments,provided: a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning)of this Code; C. The lot line adjustment shall not sever any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and f A plat map showing the lot line adjustment is prepared, approved,and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act,the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. 250.16 Fees and Deposits All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this Title and by the City Council resolution establishing applicable fees and charges. i 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 1 r day of NOVFMBFR ,2004- Yo ATTEST: APPROVED AS TO FORM: • V i /►a City C erk Ci�Ao�mey REVIEWED AND APPROVED: INI D AND APPROVED: City 4ministrator Director of Planning - ord/04zoning/chap 250/8n3/04 6 Ord. No.3681 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } I,JOAN L.FLYNN,the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November,2004, and was again read to,said City Council at a regular meeting thereof held on the 15th day of November,2004,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan,Coerper,Hardy, Green,Boardman, Cook,Winched NOES: None The foregoing instrument is a coffed copy of the original on fib in this offim. ABSENT: None Attest 20 ABSTAIN: None City Clerk and officio Clerk of the City Council of the City-of Huntington Beach, Caiifomia. I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby lAs/)XI certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Joan L.Flynn,Ci1y Clerk CUY Clerk and ex-officiogierk DMutyCityClerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3 7 0 5 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DEFINITIONS CHAPTER OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE, CHAPTER 203 The City Council of the.City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add definitions and modify the definition of Structure as follows: 203.06 Definitions 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 percent or more square footage of habitable area removed in order to remodel or construct a detached single family unit. 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. 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. SECTION 2. All other provisions of Chapter 203 not modified herein remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. ord/05zoning/Chap 203 1 X� It�IT K . 1 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of May ,2005. Aga *�K4 ATTEST: APPROVED AS T ORM: Qwd z2J vvr City Clerk CityAttorney' REVIEWED AND APPROVED: ZDireftor`of ED AND APPROVED: City A inistrator Planning ord/05zoning/Chap 203 2 EXHtVT K .a Ord.No. 3705 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1,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 the 18th day of April,2005, and was again read to said City Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Hansen, Coerper; Sullivan,Hardy, Green,Bohr, Cook NOES: None The foregoing instrument is a carry copy of the original on filet in this off° . . ABSENT: None Attest �I t ,2001 0 kiMCity Clerk an Ex-offidc of the City ABSTAIN: None Council of the /City �of Auntington Beach, California. 1,Joan L.Flynn,CITY CLERK of the City of Huntington "IQ Beach and ex-offcio 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 May 12,2005. In accordance with the City Charter of said City QNS J an L.Fl Ci Clerk Ci lerk and ex-officio rk ➢eputy City Clerk of the City Council of the City of Huntington Beach,California xH 1� IT K.3 ORDINANCE NO. 3 7 0 6 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The land use classifications set forth in the table of Land Use Control for the RL, RM, RMH, RH and RMP Districts in Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: RL RM RMH RMP Additional RH Provisions Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU SECTION 2: The Additional Provisions for the RL,RM,RMH,RH and RMP Districts set forth in Section 210.04 are hereby amended as follows: L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99) (E) See Section 210.14: RMP District Supplemental Standards. In addition,a Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (3334-6/97,34lo- 3/99) SECTION 3. The Property Development Standards for Residential Districts set forth in Section 210.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Accessory Structures See Section 230.08 SECTION 4. The Additional Development Standards for RL,RM, RMH,RH and RMP Districts set forth in 210.06, subparagraph(0), is hereby amended as follows: or&05zoning/Chap 210 1 l,XH IBI 1 L 1 (0)Open Space Requirements. (1) The minimum open space area(private and common)for multi-family residential projects in RM,RMH,including RMH-A subdistrict, and RH Districts shall be 25%of the residential floor area per unit(excluding garages). (3334-6/97,3410-3/99) (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (3334-6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (3334-6/97,3410-3/99). (d) A maximum of 50%of the private open space requirement,may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator,provided that no portion of such deck exceeds the height limit. (3410-3/99) (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials,i.e.,no solid walls or opaque walls,except an existing solid roof may be part of the enclosure. 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. or&05zoning/Chap 210 2 (3) Common Open Space. (a) Common open space,provided by interior side yards,patios,and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways,parking areas,or area required for front or street side yards. (3334-6197,3410-3/99) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse,swimming pool,tennis court,volleyball court, outdoor cooking facility,or other recreation facility. (3334-6/97,3410-3/99) (4) The Director may allow a reduction in the open space requirement to 10%of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6/97,3410-3199) SECTION 6. All other provisions of Chapter 210 not modified herein shall remain in full force and effect. SECTION 7. 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 2nd day of May ,2005. ATTEST: APPROVED AS TO FORM: City ClerkM J �- City ttorney (/ REVIEWED AND APPROVED: e INIT TED AND APPROVED: City A ministrator Director of Planning ord/05zoning/Chap 2I0 3 EX H VBIT L..3 Ord. No.3706 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 re ular meeting thereof held on the I Sth day of April,2005,and was again read to said City Council at a regular meeting thereof held on the 2nd day of May,2005,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan,Hardy, Green,Bohr, Cook NOES: None The foregoing instrument is a corm ABSENT: None copy of the original on file in this ofiloe. Attest I b. L- , 201L ABSTAIN: None City Clerk and Ex-officio Clerk of the CRY Council of the City of Huntington Beach, California. 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 May 12,2005 In accordance with the City Charter of said City y Clerk and ex-offici Jerk Jowl L.Flynn.Ci Clerk of the City Council of the City • Deouty City Clerk of Huntington Beach, California ORDINANCE NO. 3 7 p 7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED COMMERCIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as set forth in Exhibit A attached hereto and incorporated herein by this reference. SECTION 2. The table of Development Standard for the CO, CG,and CV Districts set forth in Section 211.06 of the Huntington Beach Zoning and Subdivision Ordinance shall be amended as follows: CO, CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width (ft.) 100 100 100 Minimum Setbacks Front(ft.) 10 10 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) 1.0 1.5 1.5 Minimum Site Landscaping(%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 (M) Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 SECTION 3. Subparagraph (0) of the Additional Development Standards for the CO, CG, and CV Districts set forth in Section 211.06 of the Huntington Beach Zoning and Subdivision Ordinance shall be amended as follows: 1 EX H IZ IT (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages. SECTION 4. All other provisions of Chapter 211 not modified herein shall remain in full force and effect. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2n.j day of May ,2005. ATTEST: APPROVED AS TO FORM: c 4" City Clerk City A orney `t 5�6� REVIEWED AND APPROVED- INITIA D AND APPROVED: ✓ ff City Administrator V Director 6f Planning EXHIBIT M_, EXHIBIT A TO ORDINANCE NO. 3707 211.04 CO,CG,and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/97) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (J)(Q)(R)(V) (3334-6/97,3553-5/02) Clubs and Lodges P P - (3334-6/97) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L l I L l 1 - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - ord/05zoning/Chap 211 3 Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA - Convalescent Facilities ZA ZA Cultural Institutions PC PC PC Day Care, General 3 3 - Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334-6/97) Government Offices P P PC (3334-&97) Heliports PC PC PC (B) Hospitals PC PC - (3334-9/97) Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) Schools,Public or Private PC PC - UtiIities,Major PC PC PC Utilities,Minor P P P (L) Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales& Services Animal Boarding - ZA - (3522 2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) Pet Cemetery - PC - Artists`Studios P P P Banks and Savings& Loans P P P With Drive-Up Service P P P (3522-2/02) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. L-4 L-4 L-4 (3522-2/02) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - P P (3522-2/02) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02) Food& Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance&Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business& Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2/02) Personal Services P P P Research&Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6197; 3482-12/00) Secondhand Appliances/Clothing - P - Swap Meets,Indoor/Flea Markets - PC - (T) ord/05zoning/Chap 211 4 Ex rT M.W 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 (3522-2/02) Vehicle Storage - ZA - Visitor Accommodations Bed&Breakfast Inns ZA ZA ZA (K) Hotels,Motels - ZA PC (I) (3334-M7) Quasi Residential (3334-6/97) Time Shares - PC PC (I)(J)(3334-6l97) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) (3334-6/97) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6/97) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2102) Commercial Filming,Limited - P P (M) Real Estate Sales P P P (3522-2/02) Retail Sales, Outdoor - TU TU (M) (3522-2J02) Seasonal Sales TU TU TU (M) (3522-2l02) Tent Event P (3522-2102) Trade Fairs - P - Nonconforming Uses (G)(J)(V) (3334-W97) (Rest of page not used) ord/05zoning/Chap 211 5 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. 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 permit 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. (3522-2/02). 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 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2102) 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. (3522-2/02) In addition,Personal Enrichment uses within a retail building parked at a ratio of one (1)space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and(3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet.(3522-2/02) L-I 2-Permitted for existing facilities proposing to expand up to 20%of existing floor area or display area.(3522-2/02) ord/05zoning/Chap 211 6 EAH Vf' M.G L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Reserved. (3553-5/02) (B) See Section 230.40:Helicopter Takeoff and Landing Areas. (C) Repealed (3378-2/9e) (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236:Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants -Amusement and Entertainment Premises, and Chapter 5.70:Adult Entertainment Businesses. (3341- 10/96) (1) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the PIanning 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. (3334-6/97) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44:Recycling Operations. (M) Subject to approval by the Police Department,Public Works Department,Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (I) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) (2) Restaurants,Bars-and Liquor stores Iocated 300 feet or more from any R or PS district,public or private school,church, or public use. (3522-2/02) ord/05zoning/Chap 211 7 EX.H I$IT M.'? (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50%of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise,traffic). (3522-2/02) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97,3482-12/00) (V) In the coastal zone,the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor- oriented commercial activities including specialty and beach related retail shops, restaurants,hotels, motels,theaters,museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be'permitted without a conditional use permit. (3522-2/02) , (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the Zoning Administrator. Outdoor dining 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.(3522-2/02) (Y) Neighborhood Nnotification requirements pursuant to Chapter 241. ord/05zoning/Chap 211 8 Cal `� ("1• D Ord. No. 3707 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1,JOAN L.FLYNN,the duly elected,qualified City CIerk 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 the 18th day of April,2005,and was again read to said City Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Hansen,Coerper, Sullivan,Hardy,Green,Bohr,Cook NOES: None The foregoing Instrurnent is a correct ABSENT: None copy of the original on file In this Attest U 28 ABSTAIN: None vo City Clerk and Ex-officio Cletk of the City Council of the C' of Huntington Beach, Calwomia. 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 Fountain Valley Independent on May 12,2005. In accordance with the City Charter of said City QP&J em I- Jvost-A) J an L.Fl3girl,Qi1y Clerk Vy Clerk and ex-officidglerk Deputy City Cierk of the City Council of the City of Huntington Beach,California EXH1�rC M .� ORDINANCE NO. 3708 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The land use classifications set forth in the table of Land Use Controls for the IG and IL Districts in Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL Districts: Land Use Controls (3254-10/94) Additional IG IL Provisions Public and Semipublic (M) Community and Human Service Facilities ZA ZA (L) Day Care, General ZA ZA 1 (3523-2/02) Heliports PC PC (0) Maintenance& Service Facilities ZA ZA Public Safety Facilities P P Religious Assembly L-10 L-10 Schools,Public or Private L-6 L-6 Utilities,Major PC PC Utilities,Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2/02) Animal Hospitals ZA ZA (3523-2/02) Artists'Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568-9ro2) Eating&Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food&Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics - PC Laboratories P P Maintenance &Repair Services P P Marine Sales and Services P P Nurseries P P Offices,Business &Professional L-1 L-1 (H) ord/05zoning/chap 212 1 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC- Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U-Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Quasi Residential PC PC (K) Research& Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales& Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations ZA ZA Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry,Custom P P Industry, General P P Industry, Limited P P Industry,R&D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures PiU P/U (C) Temporary Uses Commercial Filming,Limited P P (T) (3523-2/02) Real Estate Sales P P (3523-2/02) Trade Fairs P P (E) SECTION 2. The Additional Provisions for the for IG and IL Districts set forth in Section 212.04 are hereby amended as follows: Quasi Residential PC PC (K) Visitor Accommodations ZA ZA SECTION 3. The Additional Provisions for the IG and IL Districts are hereby amended as follows: L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: (3254-10/94) ord/05zoning/chap 212 2 Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-1M4) Phased development:25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254-10/94) L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. (3254-10/94) L-9 Permitted 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. (3254-10/94,3523-2/02) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Repealed. (K) Limited to: Single Room Occupancy uses (See Section 230.46). (3254-10/94) (U) Neighborhood notification requirements when no entitlement required pursuant to Chapter, 241. (3523-2/02) SECTION 4. The Schedule of Development Standards for the IG and IL Districts set forth in Section 212.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B) Minimum 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(ft.) 10 10 Rear(ft.) 0 0 (E) Maximum Height of Structures(ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping(%) 8 8 (H)(I) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 (J) Outdoor Facilities See Section 230.74 ord/OSzoning/chap 212 3 EWVBVT N 3 SECTION 6. Section 212.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 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: (3254-10194) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects including a zero-side yard exception;projects on substandard lots. (3254-10/94) B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244.(3254-10/94) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) SECTION 7. All other provisions of Chapter 212 not modified herein shall remain in full force and effect. SECTION 8. 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 2nd day of May ,2005. Qao7ti; V*40,M� ATTEST: APPROVED AS TO FORM: City Clerk City ATI TED AN rney qgoREVIEWED AND APPROVED: INID APPROVED: City Administrator V Director of Planning ord/05zoning/chap 212 4 EWT AT N. q r Ord. No. 3708 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 the 18th day of April,2005, and was again read to said City Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen,Coerper, Sullivan,Hardy, Green,Bohr,Cook NOES: None n ne gore ing instrument is a cuffed copy of the original on r in this off . ABSENT: None Attest 20-01- City Clerk and -officio Clerki of the City ABSTAIN: None Council of the City of Huntington Beach. Califarnka. 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 Fountain Valley Independent on May 12,2005. In accordance with the City Charter of said City Joan L.Fl nn 01y Clerk y Clerk and ex-offci Jerk Deputy City clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. .3 7 0 9 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 220 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED OIL PRODUCTION OVERLAY DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 220.24 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 220.24 Criteria for Modification or Reduction of Dedication Requirements The Director shall approve,conditionally approve, or deny upon consent of Fire Chief and Director of Public Works the request for a waiver or reduction of dedication requirements after considering the following factors: A. Estimated period of time that the proposed new well(s)and related facilities will be in operation; B. Degree of intensity of development of surrounding area; C. Effect of the proposed well on vehicular traffic in the vicinity of the site; and D. Extent of the proposed oil well operation. SECTION 2. All other provisions of Chapter 220 not modified herein 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 2nd day of May ,ZOOS. ATTEST: APPROVED AS TO FORM: QA*"*j c City Clerk City Attorney j t REVIEWED AND APPROVED: INITIA D AND APPROVED: City Administrator Director of Planning ord/05zoning/Chap 220 pcH tBT o . I s Ord. No. 3709 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 the 18th day of April,2005, and was again read to said City Council at a regular meeting thereof held on the 2nd day.of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council_ AYES: Hansen, Coerper, Sullivan,Hardy, Green, Bohr,Cook NOES: None ,a ioregoing instrument is a COFFOO copy of the original on fib in this off. ABSENT: None Attest k , 20U" ABSTAIN: None City Clark and Ex-offI= Clerk of the Clty Council of the City of Huntington Beach. California. 1,Joan L.Flynn,CITY CLERK of the City of Huntington ��Q 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 May 12,2005_ In accordance with the City Charter of said City Jo n L.Fl n Q1y Clerk Ci Clerk and ex-officio &k Denuty City Clerk of the City Council of the City of Huntington Beach, California EXl IbVT O.a ORDINANCE NO. -1 71 0 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 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, or project beyond the front building line of the principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley. 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: I. They do not exceed 6-feet in height or exceed 42-inches in height when located within the front yard setback and; 2.A minimum 5-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 setback I-foot from the side and/or rear property lines for each foot of rock formation height,maximum 5-foot setback required. ord/05zoning/Chap 230 I m sETl�G� �srto p�1.CzK-. l -t-d p WALL— 0 t U1 C. Maximum Height. 15 feet,except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district,the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Separation. The distance between buildings on the same lot shall not be less than 10 feet. SECTION 2. Section 230.10, subsections A,Al,D and E, of the Huntington Beach Zoning and Subdivision Ordinance are hereby amended as follows: 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 materials, landscaping and exterior finishes to be used and parking to ord/05zoning/Chap 230 2 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 230.10 and Section 230.22 A; D. Covenant. A covenant with the ownership requirements shall be filed for recordation with the County Recorder within 30 days of Planning Department PIan 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. SECTION 3. Section 230.12, subsection C(8),of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 230.12 Home Occupation in R Districts 8. Neighborhood Notification shall be in compliance with Chapter 241 when a home occupation involves instruction and/or service,e.g.music lessons,beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. SECTION 4. Section 230.14, subsection E(3), of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 230.14 Affordable Housing Incentives/Density Bonus E. Procedure. 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. SECTION 5. Section 230.22 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods,unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets,driveways,property lines, and surrounding neighborhood. Compatibility considerations should include, but not be limited to, lot size,lot frontages,building layout,building configuration and design,building materials,product type, grade height and building height ord/oszoning/cnap 230 3 '� 11 relative to existing dwellings, and visual intrusion concerns. The Director of Planning shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements. (3301-11/95) A. Privacy Design Standards. 1. New residences 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. (3301-11/95) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling infill development. (3301-11/95) 3. Provide architectural features(projections,off-sets)to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas,a public street or permanent open space. (3301-11195) B. Noise Considerations. 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11/95) D. Public Notification Requirements. 1. Ten(10)working days prior to submittal for plan check(plan review)the applicant shall give notice of the application to adjacent property owners and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; b. Location of planned development, including street address(if known)and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; oed/QSzoning/Chap 230 4 EXHIBIT �. y� e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10)working days from plan check (plan review) submittal; and £ The address of the Department of Community Development. 2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s)when submitting the application for plan check(plan review). The adjacent property owners shall have ten(10)working days from plan check (plan review)submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. SECTION 6. Section 230.36, subsection C(3), of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 230.36 Transportation Demand Management C. Applicability: 3. Notwithstanding "1" above,the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. a. Other temporary use classifications or as authorized by the Zoning Administrator/Director when such temporary activities are for a period not to exceed 30 days and held no more than once a year. SECTION 7. Section 230.38 is hereby amended as follows: 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 following 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. Hours of Operation for Minors under 18 Years of Age. No game center owners,manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. ord/057oning/Chap 230 5 EX�11�31T' �5 D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district,or within 500 feet of a liquor store,a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site,the district boundary, or the property line of the liquor store,nightclubs,cocktail lounge,or bar; as the case may be. E. Restrictions. The 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. SECTION 8. Section 230.40 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to correct a sequential error by renaming subsection"F"to"D". No other changes to this section have been made. SECTION 9. Section 230.42, subsection(A) is hereby amended as follows: 230.42 Bed and Breakfast Inns A. Permit Required. The Zoning Administrator may approve a conditional use permit fora bed and breakfast inn in any C District and RMH-A District, after a duly noticed public hearing upon finding that: 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. SECTION 10. Section 230.88 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add subsection(A)(2)(b), and modify subsections A(6),and B(2)as follows: 230.88 Fencing and Yards A. Permitted Fences and Walls. 2(b). Exception:A maximum two foot (2')lattice extension (wood or piastic)that is substantially open may be added to the top of a six foot (6')high wall or fence on an interior property line without Building Permits pursuant to Chapter 241 Neighborhood Notification. 6. Only at the time of initial construction of the dwellings and in order to allow variations in the street scene in R districts, fences or walls exceeding forty-two(42)inches in height may be permitted at a reduced front setback of six (6)feet subject to plan review approval by the Director in conformance with the following criteria: ord/05zoning/Chap 230 6 u-,XH 1131 `�• b a. The reduced setback shall be only permitted for five(5)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(7.5)feet along the driveway and ten (10)feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. B. Required Walls. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties,constructed of a minimum six (6)inch wide decorative masonry block,and designed with landscape pockets at thirty-five(35)foot intervals along.the street side sufficient in size to accommodate at least one(1) 15-gallon tree. Approval by the Director shall be required prior to construction of such walls. SECTION 11. Section 230.92, subsections D and E(2),of the Huntington Beach Zoning and Subdivision Ordinance are hereby amended as follows: 230.92 Landfill Disposal Sites 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. 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: 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. SECTION 12. Section 230.94,subsection F,is hereby amended as follows: 230.94 Carts and Kiosks . F. Neighborhood Notification. Pursuant to Chapter 241. ordl05zoning/Chap 230 7 EX 1B IT T'.. `7 SECTION 13. All other provisions of Chapter 230 not modified herein shall remain in full force and effect SECTION 14. 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 2nd day of May ,2005. ATTEST: APPROVED AS TO F ORM: faqt�N>k City Clerk City A orneyrr REVIEWED AND APPROVED: INITI ED AND APPROVED: City A ministrator Director of Planning ord/05zoning/Chap 230 8 Ord. No. 3710 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1,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 the 18th day of April,2005,and was again read to said City Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan,Hardy, Green,Bohr, Cook NOES: None n i o€r ing#UMerd is a cord t copy sat the original on file.in this . ABSENT: None Attest 20m— JOAN L. w o fj ABSTAIN: None City Clerk and -officio Clerk of the Clay Council of the City of Huntington Bet:N, C��prnia. I,Joan L.Flynn,CITY CLERK of the City of Huntington a�n Beach and ex-officio Clerk of the City Council,do hereby 1 certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on May 12,2005. In accordance with the City Charter of said City Joan L.Flypn.01y Clerk Ci Clerk and ex-officio 4gerk Deputy City Clerk of the City Council of the City of Huntington Beach,California ORDINANCE NO. 3 711 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SIGNS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 233.04, subsections C and E, of the Huntington Beach Zoning and Subdivision Ordinance are hereby amended to read as follows: 233.04 Permits Required C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than20 %in sign height or sign area. Ten(10)working days prior to submittal for a building permit, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: (3527-2/o2) 1. Name of applicant. (3527-2/02) 2. Location of planned development or use, including address. (3527-2/02) 3. Nature of the proposed development shall be fully disclosed in the notice. (3527-2/02) 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3527-2/02) 5. The date by which any comments must be received in writing by the Planning; Department. (3527-2/02) 6. Planning Director shall receive entire list including name and address of those: receiving the mailing. (3527 2/02) The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 20 in sign height or sign area supergraphics, three-dimensional signs, and relief from the strict application of Section 233.06. Neighborhood Notification required pursuant to Chapter 241. The following findings shall be made prior to approval of any sign code exception: (3334-6/97,3360-t2/97,3527-2/02)) 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. (3334-6/97,3360-12/97) 2. The sign will not adversely affect other signs in the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) E. Design Review Board. When authorized by the provisions of this code,the Design Review Board (DRB)shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director, Planning Commission,etc.)on the ord/05zoning/Chap 233 1 EX�IS1T" �, 1 following items prior to application for a sign permit to the Building Department: (3360- 12/97,3527-2/02) 1. Electronic Readerboard Signs. (3360-12197,3527 2/02) 2. Signs on properties within the following areas: (336042/97,3527-2/02) a. Redevelopment project areas; (3360-12/97,3527-2/02) b. Areas subject to specific plans which do not include design guidelines for signs; (3360-12/97,3527 2/02) C. OS-PR(Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and (3360-12/97) d. Areas designated by the City Council. (3360-12/97) SECTION 2. Section 233.12 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.12 Electronic Readerboards Electronic readerboards may be permitted subject to the review by the Design Review Board, and approval of a conditional use permit by the Zoning Administrator. (3334-6/97,3360-12/97) A. Required Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign,the Zoning Administrator shall make the following findings: (3334-6/97) 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter; (3334-6/97) 2. The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; (3334-6/97) 3. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian traffic; and (3334-6/97) 4. The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial and/or residential neighborhoods. (3334-6197) B. Readerboard Sign Criteria: (3360-12/97) 1. Electronic readerboards may be freestanding or wall type signs. (3334-6/97) 2. The maximum number of electronic readerboards shall be one per site. (3334-6/97) 3. The maximum sign area shall be 115 square feet; 90 square feet for message center; and 25 feet for other information. (3334-6/97) 4. The maximum height of a freestanding electronic readerboard sign shall be 25 feet. (3334-6/97,3360-12/97) 5. The electronic readerboard shall have cylinders,a shade screen and a photocell for. reducing the intensity of lighting at night. (3334-6/97) ord/05zoninp/Chap 233 2 6. The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at any property line. (3334-6/97) C. Location Requirements: (3334-6/97) l. Electronic readerboards shall only be allowed on parcels abutting a freeway and on parcels abutting Beach Boulevard,excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway. (3334- 6/97) 2. Minimum lot frontage: 200 feet. (3334-6/97) 3. Minimum distance between electronic readerboards: 150 feet. (3334-6/97) 4. Minimum distance to any residence: 150 feet. (3334-6/97) D. Other Standards: (3334-&" 1. Where a site has an electronic readerboard, temporary banners,balloons,flags,etc. shall be permitted a maximum of 15 days per calendar year. (3334-6/97) 2. Hours of operation: 6:30 AM to 10:30 PM. At least 10 percent of the message time,or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. (3334-6/97) 3. Messages in an electronic readerboard shall be no faster than one message every four seconds, and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted. (3334-&97) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 5. In addition to the electronic readerboard sign, one monument sign,maximum of seven(7)feet in height and a maximum fifty(50)square feet in sign area,may be permitted and all other signage shall be brought into conformance with this chapter. (3334-6/97) SECTION 3. Section 233.14 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to replace the reference to the"Planning Commission"with"Zoning Administrator". No other changes to this section have been made. SECTION 4. All other provisions of Chaper 233 not modified herein shall remain in full force and effect. SECTION 5. This ordinance shall become effective 30 days after its adoption. ord/05zoning/Chap 233 3 EX�1r31T 3 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of May ,2005. ATTEST: APPROVED AS TO FORM: City Clerk � ey REVIEWED AND APPROVED: INITIATED AND APPROVED: City A nistrator Director of Planning ord/05zoning/Chap 233 4 r Ord.No. 3711 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 the 18th day of April,2005,and was again read to said City Council at a re ular meeting thereof held on the 2nd day of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan,Hardy, Green,Bohr,Cook NOES: None foregoing instrument is a corred y of the original on file In this ifs' . ABSENT: None Attest 120 D4W ABSTAIN: None City Clerk an Ex-officio Cleilk of the CIS Council of the City of Huntington Beaci% CIil�arnla. I,loan L.Flynn,CITY CLERK of the City of Huntington ��� Beach and ex-of icio 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 May 12,2005. In accordance with the City Charter of said City Jam L.FI n City Clerk C(J Clerk and ex-officio Yerk Deputy City Clerk of the City Council of the City of Huntington Beach, California EXH t�31T � :5 ORDINANCE NO. 3 712 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 241 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO CONDITIONAL AND TEMPORARY USE PERMITS,VARIANCES; AND WAIVER OF DEVELOPMENT STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 241.02 of the Huntington Beach Zoning and Subdivision Ordinance is . hereby amended to read as follows: 241.02 Procedures Established This chapter establishes procedures for approval,conditional approval,or disapproval of applications for conditional use permits, and variances,temporary use permits, and waivers of development standards, and neighborhood notification. A. Conditional use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. B. Variances may be granted to resolve practical difficulties or unnecessary physical hardships that may result from the size,shape,or dimensions of a site or the location of existing structures thereon; from geographic,topographic,or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards,height of structures,distances between structures,open space,off-street parking and off-street loading,and performance standards. C. Temporary use permits may be granted for temporary use classifications and for other uses of a temporary nature. D. Waivers of certain development standards may be granted to improve project design, subject to limitations. E. Neighborhood Notification is a procedure that shall notify property owners and tenants within a 300 foot radius when no entitlement is required. SECTION 2. Section 241.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator,as the case may be,shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code,consistent with the requirements of Section 241.10. The ord/05zoning/Chap 241 1 Ordinance No. 3712 Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding twenty percent deviation from site coverage,separation between buildings, height, setback,parking,and landscape requirements. (3334-6i97,s41asiss) SECTION 3. Section 241.20,subsections B and C of the Huntington Beach Zoning and Subdivision Ordinance are hereby amended to read as follows: 241.20 Temporary Use Permits B. Director. The Director shall act on temporary uses held for four or fewer consecutive days that do not include live entertainment. The Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for 4 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. (3528a-2/02) C. Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held for more than four days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions,or deny a complete application within a reasonable time. (3528s-2/02) SECTION 4. Section 241.22,subsection D,of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.22 Waiver of Development Standards D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or density. Also, projects not otherwise subject to discretionary review(i.e., conditional use permit, variance, coastal development permit, or subdivision approval)may not apply for waiver SECTION S. Section 241.24 is hereby added to the Huntington Beach Zoning and Subdivision Ordinance, said section to read as follows: 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance or Downtown Specific Plan,the review and approval process shall include an Administrative Permit and notification to property owners and tenants within a 300 foot radius of the subject property. Notification requirements are as follows: A. Notification.Ten(10)working days prior to submittal for a building permit or certificate of occupancy or approval for initial establishment of the use,the applicant shall notice property owners and tenants by first class mail. B. Notice of Application shall include the following_. 1. Name of applicant. 2. Location of planned development or use, including address.(map is optional) ord/05zoning/Chap 241 2 �.XH�bi�C2.a ORDINANCE NO. 3712 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. Planning Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. 6. Planning Department shall receive entire list including name and address of those receiving the mailing. C. Notice of Action. The Director's decision shall be made in writing with information regarding the appeal process and sent to the applicant and the City Council on the next business day and posted. on the City s website. D. Appeals. The Director's decision may be appealed in accord with Chapter 2.48. SECTION 6. All other provisions of Chapter 241 not modified herein shall remain in full force and effect. SECTION 7. 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 j6 t h day of May , 2005. ATTEST: APPROVED AS TO FORM: QA&4J-.-a(jzow -;:" (Y) 1�- City Clerk City Attorney REVIEWED AND AND APPROVED: INITIAT D AND APPROVED: City Administrator Director of Planning ord/OSaoning/Chap 241 3 EX�4t31� �.3 a Ord.No. 3712 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 the 2nd day of May,2005, and was again read to said City Council at a regular meeting thereof held on the 16th day of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan,Hardy,Green,Bohr,Cook NOES: None instrument� qao ,py of the o4ginal on file in this ABSENT: None Attest 2001 f ABSTAIN: None City Clark and Ex-off icio Cleik of the C Ey Council of the City of Huntington Beach, OaRbrnia. I,loan L.Flynn,CITY CLERK of the City of Huntington ��Ao K 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 May 12,2005. In accordance with the City Charter of said City /- JJx0$W) Joan L.Flynn,City Clerk y Clerk and ex-oflici Jerk • ¢ Deputy City Clerk of the City Council of the City of Huntington Beach,California EX�11�1�T �Z•'� ORDINANCE NO. 3 713 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING DEVELOPMENT STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: The Downtown Specific Plan of the City of Huntington Beach, Chapter 4-Development Standards, is hereby amended by modifying certain sections thereof as follows: SECTION 1. The Downtown Specific Plan shall be amended to change all references to the"Huntington Beach Ordinance Code"to the"Huntington Beach Zoning and Subdivision Ordinance." SECTION 2. The Downtown Specific Plan of the City of Huntington Beach shall be amended to change all references to the "Department of Community Development"to the "Department of Planning". SECTION 3. Section 4.1.01 shall be amended to read as follows: 4.1.01 Approvals Required All development within the Downtown Specific Plan shall be subject to one or more of the following,as identified in each district: a Conditional Use Permit from the Planning Commission,and/or Zoning Administrator;review and recommendation of the Director pursuant to the Design Review Board provisions of the Huntington Beach Zoning and Subdivision Ordinance. All physical development shall be required to be reviewed by the Design Review Board prior to processing additional entitlements if required. The Historical Resources Board shall provide recommendations for structures considered to be historically significant. In addition, a Conditional Use Permit shall be required for any residential cooperative subdivision,mixed-use development,or any project which requires a special permit (Section 4.1.02). The Director,Design Review Board,Zoning Administrator,Planning Commission or the City Council shall also consider the following: (a) Projects shall be in conformance with the adopted Design Guidelines for the area. (b) 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. (c) Architectural features and complimentary colors shall be incorporated into the design of all exterior surfaces of the buildings in order to create an aesthetically pleasing project. (d) Particular attention shall be given to incorporating signs, including their colors, into the overall design of the entire development in order to achieve uniformity. ord/05zoning/DowntownSP 20024-6-05 version 1 EX" VBIT ). � (e) Vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance. SECTION 4. Section 4.1.02 shall read as follows: 4.1.02 Special Permit The Downtown Specific Plan development standards are designed to encourage developments creating an aesthetically pleasing appearance, enhancing the living environment, and facilitating innovative architectural design and adaptation of the development to the unique surrounding environment. A special permit may not be granted for deviations from maximum density or parking or from requirements of the Conservation Overlay in any district. Nor shall any special permits be granted for deviations from maximum building height in District 1,2,4, 10, 11. Special Permits allow for minor deviations from the development regulations of this Specific Plan. Special Permits may be granted at the time of project approval for unique architectural siting or features, including but not limited to site coverage, setbacks,open space and landscaping. Special Permits shall only be allowed when, in the opinion of the Planning Commission or Zoning Administrator, significantly greater benefits from the project can be provided than would occur if all the minimum requirements were met. Some additional benefits, i which may make a project eligible for approval of Special Permits include: greater open space, greater setbacks,unique or innovative designs,public parking,public open space, and the use of energy conservation or solar technology. The developer may request a Special Permit at the same time as the filing of an application for a Conditional Use Permit and both requests shall be heard concurrently. The Planning Commission and Zoning Administrator may approve the Special Permit in whole or in part only upon the finding that the proposed development,in addition to providing greater benefits as required above,will also: (a) Promote better living environments; and (b) Provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, Iandscaping, site layout and design; and (c) Not be detrimental to the general health,welfare, safety and convenience of the neighborhood or City in general,nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general; and (d) Be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment; and (e) Be consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act; and (f) Comply with State and Federal law. SECTION S. Section 4.2, GENERAL PROVISIONS, shall read as follows: ord/05zoning/DowntownSP 20024-"S version 2 �X�41�31T S.a The general provisions of this article shall apply to all developments within the Downtown Specific Plan area wherever the size or type of development proposed would make such provisions applicable. All development shall comply with all existing standard plans and specifications and all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Codes. SECTION 6. Section 4.2.01 shall be amended to read as follows: 4.2.01 Permitted Uses. Permitted uses shall be established in each District and shall be required to meet all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. In addition,the following shall apply: (a) All structures incidental and accessory to a permitted principal use or structure may be erected on any parcel containing a main building provided that such structure(s) shall not exceed fifteen(15)feet in height nor to be closer than ten (10)feet to any other structure on the same parcel and shall conform with all setback requirements of the District. Exception: Parking structures are excluded from this provision. (b) Parcels which,prior to the effective date of this ordinance,had an oil suffix (O,O 1) and are identified in Figure 4.14, shall retain such suffix in combination with the new zoning designation "Downtown Specific Plan" (see Section 4.14). (c) Parcels which,prior to the effective date of this ordinance,had a Mobile home District(MH), shall retain such designation in combination with the new zoning designations in the "Downtown Specific Plan" serving as an overlay, for the effected Districts(see Section 4.16). (d) All non conforming uses or structures,or uses which have been abandoned for more than six(6)months,shall be required to meet all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance in each of the following: Any expansion of floor area greater than ten(10)percent;increase in height;or an increase in the permitted density shall require a conditional use permit to the Zoning Administrator and shall be required to comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. Deviations to parking and density development standards are not allowed. Minor deviations to other development standards shall be subject to special permits. Any change of use, expansion of use,or change in occupant to a use which would require additional off street parking shall provide the required off street parking according to the Huntington Beach Zoning and Subdivision Ordinance or as required by the Downtown Parking Master Plan. If fifty percent(50%)or more of an existing structure is demolished and reconstructed,the new structure must provide the required off-street parking. The parking may be provided through the payment of in-lieu fees as allowed by the Downtown Specific Plan in-lieu fee parking program. ord/05zoningMowntownSP 20024-"5 version 3 El" �i t}1 � �- Exception: Any building alteration,rehabilitation or facade improvement which does not exceed ten.(10)percent expansion of the existing floor area; does not increase the height;or result in an increase in permitted density. The Design Review Board shall review and approve any proposed exterior modifications. SECTION 7. Section 4.2.29, subparagraph(iv), shall be amended to read as follows: 4.2.29 Compliance with certain requirements of the Coastal Zone(CZ) Suffix: iv) Outdoor Dining: Outdoor dining on public or private property may be permitted subject to review and approval by the Director of Planning with Neighborhood Notification (pursuant to HBZSO), when in compliance with this Section. The sale of alcohol shall be subject to the review and approval of a conditional use permit by the Zoning Administrator and compliance with this section. Exce tp ion: For any existing restaurant with alcohol sales with an existing outdoor dining area,the sale of alcohol in the outdoor dining area shall be subject to the review and approval by the Director of Planning and the Police Chief with Neighborhood Notification pursuant to Chapter 241 and compliance with this section. 1) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: a) The outdoor dining shall be an extension of an existing or proposed eating establishment on contiguous property. b) Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. c) Outdoor dining located on the sidewalk area of the public right-of-way of the first block of Main Street and Pacific Coast Highway within District 3 and on the Municipal Pier shall provide a minimum ten (10) foot clear passage area for pedestrian access. Outdoor dining located on the sidewalk area of the public right-of-way and on all other areas shall provide a minimum eight(8) foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Director or Zoning Administrator. d)No outdoor dining shall be allowed in mini-parks,publicly owned plazas,or beach areas excluding concession carts with no seating. e)Outdoor dining establishments which do not serve alcohol and are located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon and removed when not in use. f)Establishments which serve alcoholic beverages outdoors are required to provide a physical barrier of 36 inches in height surrounding the outdoor dining area that will prohibit passing of alcohol through the barrier. g)All tables,chairs, and umbrellas of outdoor dining located on public property shall be removed when not in use. ordt05zoningJDowntownSP 20024-"5 version 4 h) Outdoor dining on private sidewalk areas shall provide a minimum eight(8) foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum five(5)foot clear passage area shall be provided. i)At street intersections,the triangular area formed by measuring 25 feet along the curb lines, shall be clear passage area. j)Temporary,mobile or free-standing food service providers are not eligible under these provisions. 2) Operating requirements,provisions, and conditions. a) A License Agreement including use fees shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination at any time upon a I0-day prior written notice upon determination of the Director or Zoning Administrator that one or more of the conditions or provisions of this Section 4.2.33 have been violated or that one or more factors listed in Subsection(5)below have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property. Termination of a License Agreement shall nullify the conditional use permit. b) The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Director or Zoning Administrator for the outdoor dining. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. c) All outdoor dining operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. d) No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. e) Alcoholic beverages shall be served in glass containers only. Each glass container shall be permanently printed with a number identifying the establishment serving alcohol. f) The applicant(or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code, including the fee established for use of public property,prior to operation of the outdoor dining use. g) All provisions of the Huntington Beach Municipal Code and Zoning and Subdivision Ordinance shall apply. h) Alcoholic beverages may be served on public and/or private property subject to the provisions provided herein. i) The conditional use permit may be transferred upon sale or transfer of the restaurant subject to a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement will be ord/05zoning/MwntownSP 20024-6-05 version 5 EX�I l�l�" S•5 required prior to transfer of the conditional use permit for outdoor dining on public property. A conditional use permit transfer or License Agreement renewal or amendment may be denied if one of the factors listed in Subsection (5)have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. 3) Parking. Parking shall comply with the Huntington Beach Zoning and Subdivision Ordinance or the Downtown Parking Master Plan; however,no parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed the following: Total Restaurant Area Outdoor Dining Area a) 1,200 sq. ft. or less with: Maximum 5 tables and 20 seats b)greater than 1,200 sq.ft.with: Maximum of 20%of the restaurant area, not to exceed 400 sq. ft. Any outdoor dining area which exceeds these standards shall provide 100%of the required parking for the entire area. 4) Enforcement. Enforcement of Section 4.2.33 shall be by the Director of Planning or his/her designee. Any outdoor dining use within the Downtown Specific Plan that has been established without prior conditional use permit approval must obtain a conditional use permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. Any establishment that plans to serve alcoholic beverages in an outdoor dining area must obtain a new conditional use permit and a new License Agreement from the City. 5) Necessary Findings. a) In order to approve outdoor dining the Director or Zoning Administrator shall make the following findings: The sidewalk's public use,pedestrian,transit and business services including but not limited to loading zones,bus stops, public phones,and benches, are not restricted. b) Building entryways are not obstructed. c) Pedestrian traffic volumes are not inhibited. d) Handicapped accessibility is provided where required. SECTION 8. Section 4.3.01 shall be amended to read as follows: 4.3.01 Permitted Uses. ord/05wning/DowntownSP 20024-6-05 version 6 (a) The following list of Visitor-Serving Commercial uses in District No. I may be allowed. Other visitor serving related uses as described in the Land Use Plan,and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Art gallery Bakery Banks and savings and loans branch offices(no drive-up windows;not to exceed five thousand(5,000) square feet) Beach, swimming and surfing equipment Bicycle sales,rental and repair Boat and marine supplies Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance CIothing stores Delicatessens Drug stores Florists Grocery(convenience) Ice cream parlors Laundromats,Laundries Meat or fish markets Newspaper and magazine stores Newsstands Office Outdoor dining pursuant to 5.4.2.33 Photographic equipment sales Photographic processing Public Facilities Shoe stores Sporting goods Tourist related public and semipublic buildings,services and facilities Travel agency (b) The following list of Visitor Serving Commercial uses or change of such use in District No. I may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator. For example:. Dry Cleaning Restaurants (c) The following list of Visitor Serving Commercial uses and any new construction, or change of such use in District No. I may be allowed subject to approval of a Conditional Use Permit from the Planning Commission. For example: Dancing and/or live entertainment Health and sports clubs Liquor Stores Motels Permanent parking lots and parking structures Residential uses pursuant to(e)below ordt05zoningMowntownSP 20024-6-05 version 7 EY"113 Fr , S.tr • Service station(minimum 14,000 square feet of net lot area,subject to the development standards outlined in Section 9220.14 of the Huntington Beach Zoning and Subdivision Ordinance) (d) Visitor-serving commercial uses must be a part of all development proposed in this District,with the following minimum requirements:for projects with less than a half-block of frontage,the entire street Ievel must be devoted to visitor- serving uses; for projects with a half-block or more of frontage,either the entire street level, or at least one-third(1/3)of the total floor area must be devoted to visitor-serving commercial uses. (e) Residential uses are allowed only in conjunction with visitor-serving commercial uses. The required visitor-serving commercial portion of any initial construction shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is completed. Projects which are proposed to be phased must proportionately develop the commercial and residential concurrently. SECTION 9. Section 4.4.01 shall be amended to read as follows: 4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For example: (a) Single Family Detached Dwellings that comply with the development standards herein may be allowed subject to approval by the Director. (1) Parking requirements shall be subject to Section 231.04 of the HBZSO, RMH-A District. (2) Maximum building height shall be three stories and 35 feet. All provisions of Section 210.06(M)(1)shall apply except for subdivisions(c),(d)(1), and (d)(2)including its subparts In addition,the building height in the front and rear 25 feet of the lot shall be a maximum of 25 feet. (3) See Section 4.4.02. (b) New construction of multi-family housing, apartments,condominiums,and stock- cooperatives are subject to the approval of a Conditional Use Permit from the Zoning Administrator. SECTION 10. Section 4.5.01 shall be amended to read as follows: 4.5.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 3 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which may have the same parking demand as the existing use not specified herein may be allowed pursuant to (d)below subject to the approval of the Director. Change of use shall be subject to the approval of the Director: For example: Art gallery ordl05zonin&'DowntownSP 20024-"5 version 8 Bakeries Banks and savings and loans branch offices (no drive-up windows;not to exceed five thousand(5,000)square feet) Barber,beauty,manicure shops Beach, swimming and surfing equipment Bicycle sales,rental and repair Boat and marine supplies Bookstores Carts and Kiosks pursuant to Section 230.94 of the .Huntington Beach Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Florists Ice cream parlors Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Shoe stores Sporting goods Tourist related public and semi-public buildings,services and facilities Travel Agency (b) The following list of uses or change of such use in District No. 3 may be allowed pursuant to(d)below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Restaurants Retail sales, outdoor Theaters Note: The ground floor or street level of all buildings in this District shall be devoted to visitor-serving commercial activities. (c) The following list of uses and any new construction,or change of such use in District No. 3 may be allowed pursuant to(d)below subject to approval of a Conditional Use Permit from the Planning Commission: For example: Hotel and licensed bed and breakfast designed as a commercial establishment Dancing and/or live entertainment Health and sports clubs Liquor stores Permanent Parking lots and parking structures Residential uses pursuant to(d) (d) All uses and new construction shall comply with the following development requirements: • The ground floor or street level of all buildings in this District fronting Main Street and Pacific Coast Highway shall be devoted to visitor-serving commercial activities. ord/05zoning/DowntownSP 20024-"5 version 9 C.X1�IT S .q • Visitor-serving commercial uses must be a part of all development proposed in this District with a minimum requirement that the entire street level, or at least one-third(1/3) of the total floor area be devoted to visitor-serving commercial uses. • Residential uses shall only be permitted if the development includes consolidation of a one block or greater area. Residential uses are allowed only in conjunction with visitor-serving commercial uses. Up to one-half(1/2)of the floor area of projects may be devoted to residential uses. • The required visitor-serving commercial portion of any project shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is complete. • In the event of a consolidation of a minimum one block area,non-priority (residential)uses may be located in separate structures or on separate portions of the parcel in the context of a planned development,provided no less than one- half of the total floor area permitted is devoted to visitor-serving uses,and provided that substantial public open space and pedestrian access amenities are provided to maintain a predominantly visitor-serving orientation. SECTION 11. Section 4.6.01, subparagraph(b), shall be amended to read as follows: 4.6.01 Permitted Uses (b) The following list of uses and any new construction,or change of such use in District No. 4 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Residential Use -multi-family housing,apartments, condominiums and stock cooperatives. Mixed-Use -Mixed Residential/Office Use developments shall be permitted provided that residential uses: . Be segregated to a separate structure or restricted to the second story or above; . Not occupy any portion of the same story with non-residential uses,unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; Be provided with separate pedestrian ingress and egress; Be provided with secured, designated parking. SECTION 12. Section 4.6.03 shall be amended to read as follows: 4.6.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by maximum Floor Area Ratio(FAR)for the District. The Floor Area Ratio shall apply to the whole District. The Floor Area Ratio shall be 1.5 calculated on net acreage, except that for a single family residence,the maximum FAR shall be 1.0. ord105zoning/DowntownSP 20024-&05 version 10 Lot Size(Frontage) Maximum Allowable Density Less than 50' 1 du 5l'up to full block I du/1,452 sq. ft. of net lot area or 30 units per net acre SECTION 13. Section 4.7.01 shall be amended to read as follows: 4.7.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 5 may be allowed. Other commercial/office/`residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director: For Example: Antique stores Art gallery Bakeries Banks and savings and loans branch offices Barber, beauty,manicure shops Beach, swimming and surfing equipment Bicycle sales,rental and repair Boat and marine supplies Bookstores Boutiques Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Dry cleaning Florists Groceries General retail Hardware stores Hobby supplies Ice cream parlors Jewelry stores Laundromats Newsstands Office Supplies Offices Outdoor dining pursuant to 5.4.2.33 Photographic equipment sales Photographic processing Public facilities Shoe repair Shoe stores Sporting goods Stationery stores Tailor shops Travel agency ord/05zoning/DowntownSP 20024-6-05 version 11 (b) The following list of uses or change of such use in District No. 5 may be allowed pursuant to (d)below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Restaurants (c) The following list of uses and any new construction, or change of such use in District No. 5 may be allowed pursuant to(d)below subject to approval of a Conditional Use Permit from the Planning Commission: For example: Dancing and/ live entertainment Health and sports clubs Liquor stores Permanent parking lots and parking structures Residential uses as part of a Mixed Use Development (d) All uses and new construction shall comply with the following development requirements: • The street level of all buildings fronting Main Street and 5th Street in this District shall be devoted to commercial activities. (4)Commercial or residential may be permitted on the street level between Olive and Orange Avenue fronting 5th Street and 3rd Street. • The following uses may be permitted above the first floor: (i)Commercial Use-all commercial uses allowed on the first floor may be allowed on the second floor. (ii)Office Use -professional, general business and non-profit offices provided that: No sales either wholesale or retail which involve delivery of any goods or material to or from the premises occur. No inventory is kept on the premise other than samples. No processing, manufacturing, storage or repair of merchandise of any kind occurs. • Residential Use—Multiple family residential uses are allowed only in conjunction with commercial uses in this District. Detached single family units are not permitted. Up to one-third(1/3)of the floor area of projects on parcels smaller than one-half(1/2)block may be devoted to residential uses;projects on one-half(1/2)block or larger parcels,except projects fronting on Main St.,up to two-thirds(2/3)of the floor area may be devoted to residential uses;projects on full block or larger parcels,fronting on Main St., up to one-half(1/2)of the floor area may be devoted to residential uses provided that residential uses in addition to the following: Be segregated to a separate structure or restricted to the second story or above; ord/05zoning/DowntownSP 20024-6-05 version 12 Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; Be provided with separate pedestrian ingress and egress; Be provided with secured,designated parking. SECTION 14. Section 4.8.01 shall be amended to read as follows: 4.8.01 Permitted Uses (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed pursuant to(d)below subject to the approval of the Director. Change of use shall be subject to the approval of the Director: For Example: Antique stores Art Gallery Bakeries Banks Barber, beauty, manicure shops Bicycle sales,rental and repair Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Dry cleaning Florists Glass shops Groceries Hardware stores Ice House Laundromats, laundries Newspaper and magazine stores Newsstands Offices Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Photographic studios Public facilities Shoe repair Shoe stores Sporting goods Tailor shops Travel agency Undertakers ord/05zoning/DowntownSP 20024-6-05 version 13 (b) The following list of uses or change of such use in District No. 6 may be allowed pursuant to(d)below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Restaurants (c) The following list of uses and any new construction,or change of such use in District No. 6 may be allowed pursuant to(d)below subject to approval of a Conditional Use Permit from the Planning Commission: For example: Dancing and/or live entertainment Health and sports clubs Liquor stores Permanent parking lots and parking structures Residential Uses (d) AlI uses and new construction shall comply with the following development requirements: • Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit from the Planning Commission. Single family dwellings are subject to Director approval. The following shall apply: All ground Ievel uses of buildings fronting Main Street within the Downtown Specific Parking Master Plan(DTPMP)boundaries(between Orange Ave. and Acacia Ave.)shall be commercial. (e) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be residential. SECTION 15. Section 4.9.01 shall be amended as follows: 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other visitor serving related uses as described in the Land Use Plan,and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director: Art gallery Bakeries Banks and savings and loans branch offices(not to exceed five-thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales,rental and repair Boat and marine supplies Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance Clothing stores Delicatessens Florists ord/05wning/DowntownSP 20024-6-05 version 14 Groceries(convenience) Ice cream parlors Laundromats,laundries Meat or fish markets Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Professional Office(not to exceed fifty [501 percent of total floor area) Public Transportation Center Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travel agency Note: Visitor-serving commercial uses must be a part of all development proposals in this District,with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. (b) The following list of uses or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit from the Zoning Administrator. For example. Automobile service stations Dancing and/or live entertainment Health and sports clubs Liquor stores Restaurants Taverns Theaters (c) The following list of uses and any new construction,or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit from the Planning Commission. For example: Hotels and motels • Permanent parking lots and parking structures • Timeshare Units pursuant to section 4.9.12 SECTION 16. Section 4.11.02 shall be amended as follows: 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same.parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance Retail sales Tourist related uses ordl05zoning/DowntownSP 20024-6-05 version 15 Outdoor dining pursuant to S.4.2.33 (b) The following list of uses or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator. For example: Dancing and/or Live entertainment Recreational facilities Restaurants (c) The.following list of uses and any new construction, or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission. For example: Hotels,motels Timeshare Units pursuant to section 4.11.13 SECTION 17. Section 4.12.01 shall be amended to read as follows: 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other pier related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Bait and tackle shops Beach rentals • Carts and Kiosks pursuant to Section 230.94 of the Httntington Beach Zoning and Subdivision Ordinance • Retail sales(beach-related) Outdoor dining pursuant to S.4.2.33 (b) The following list of uses or change of such use in District No. 10 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator. .For example: Museums Restaurants(including fast food with take out windows) (c) The following list of uses and any new construction,or change of such use in District No. 10 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission. For example: Aquariums Commercial uses or public recreation facilities(beach-related) Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls,etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Note: Only parking uses are permitted in this District northwest of Sixth Street. ord/05zoninWDowntownSP 20024-"5 version 16 �X�1�3IT S. 1 h SECTION 18. All other provisions of the Downtown Specific Plan not modified herein shall remain in full force and effect. SECTION 19. This ordinance shall become effective immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of May ,2005. a ATTEST: APPROVED AS TO FORM: 1 N ^ n City Clerk City A orney �J S !/ INIT TED AND APPROVED: REVIEWED AND APPROVED: Director o Planning City Wdministrator ord/05zoningtDowntownSP 20024-6-05 version 17 �X ���T Z . 17 Ord. No. 3713 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 the 18th day of April,2005, and was again read to said City Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan,Hardy,Green,Bohr, Cook NOES: None 'i7,­aioregoing instmrnentis a coverl o of the ofiginal on Elie in this offim. ABSENT: None Anest 20 City Clerk and Bimofficio C eck the City ABSTAIN: None council of the City of Huntington Besets, ' Catuomoa. 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 May 12,2005. In accordance with the City Charter of said City Joan L.Flynn,City Clerk CoClerk and ex-officio rerk • -Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3657 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 235 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO RESIDENTIAL CONDOMINIUM CONVERSIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 235.02 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 235.02 Definitions The following definitions shall apply to the provisions of this chapter except where the context indicates otherwise. General definitions are contained in Chapter 203. A. Applicant: The owner, developer, subdivider or authorized agent of a project. B. Date of approval: The date the Zoning Administrator, Planning Commission, or City Council on appeal, approves the conditional use permit and tentative subdivision or parcel map applications. However, if the project is Iocated in appealable area of the coastal zone and includes action on a coastal development permit, Section 248.30 shall apply. C. Date of conversion: The date a final map for a project was approved by the City Council or parcel map for a project was approved by the City Engineer. D. Proiect: An existing apartment house, apartment complex,apartment hotel, hotel,multiple dwelling or group dwelling proposed for conversion to a condominium, community apartment, or stock cooperative. E. Affordable unit: A residential unit, sold to or occupied by a tenant earning up to 100 percent of Orange County's gross median income, as determined by the County of Orange, and shall include any subsequent change in such income range, adopted by the Housing Agency of Orange County. F. Tenant: One or more persons. SECTION 2. That Section 235.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 235.04 Permits Required In addition to the applicable requirements and procedures set forth in Title 25, Subdivisions, conversions of existing rental housing to condominiums, community apartments, stock ord/04zonine,/chap 235 revised/7/14104 1 EX H V 5IT -T• Ordinance No. 3657 cooperatives and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements of this chapter. Conversions shall be subject to conditional use permit approval by the Planning Commission pursuant to Chapter 241. Within the coastal zone, a coastal development permit shall also be required. Exception for apartments and stock cooperatives with two to four units on a parcel that were sold as condominium units without approval of a conditional use permit and tentative parcel map prior to June 1,2004:the provisions of Title 25, Subdivisions, and only Sections 235.02,235.04, 235.06 B., 235.08 A.—C., and 235.16 herein shall apply. A conditional use permit subject to approval by the Zoning Administrator shall be required. In addition, an inspection by a City of Huntington Beach Building and Safety Inspector shall be required to verify compliance with the minimum construction standards of Section 235.08 A. and to determine if there are any obvious health and safety code violations. Conversion of lower or moderate-income rental housing developed with federal, state or local assistance shall not be permitted. Within the coastal zone no visitor serving use, including hotel use, shall be converted to condominium,community apartment, stock cooperative,or time share. SECTION 3. That Section 235.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 235.06 Required Reports and Information In addition to the conditional use permit,coastal development permit(where applicable),and tentative map applications,the applicant shall submit the reports and/or information required by this section.The cost of all reports shall be paid by the applicant. The reports shall include information on what improvements,if any, shall be accomplished by the developer and when such improvements shall be completed.All improvements cited in the reports,whether required or voluntary, shall be considered conditions of approval A. Physical Elements Report: A report on the physical elements of all structures and facilities shall be submitted,containing the following: I. A report by a California-licensed structural engineer,civil engineer or architect, describing in detail the structural condition, any evidence of soils problems,code violations,useful life, and any apparent deferred maintenance of all elements of the property,including,but not limited to, foundations,electricity,plumbing,utilities,walls,ceilings,windows, frames,recreational facilities, sound transmissions of each building, mechanical equipment,parking facilities, and drainage facilities.Such report also shall describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; fireplaces; and exterior lighting. The level of compliance with the standards listed in Section 235.08 A. shall also be described in detail. ord/04zoning/chap 235 revised/7/14/04 2 ExHIbITT. Ordinance No. 3657 2_ A report by a California-licensed mechanical contractor detailing the age, condition, size, and the cost of replacement for each appliance and mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed. 3. A report by a California-Iicensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage,if present. Any infestation shall be remedied prior to sale. - 4. A report by a California-licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint(minimum 20 year warranty) will be applied on all building interior and exterior surfaces may take the place of such report. Such statement shall include the brand name of the; paint and the exterior colors to be used. 5. A report by a California-licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement. A statement that new roof material will be applied may take the place of such report. Such statement shall include the specifications of the proposed roofing material. B. Covenants, conditions and restrictions: A declaration of the covenants, conditions, restrictions, and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project shall be submitted.The declaration shall include,but not be limited to: the conveyance of units; the assignment of parking and storage areas; and an agreement for common area maintenance,together with an estimate of any initial assessment fees anticipated for such maintenance, and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit. The CCR's shall be approved as to form by the City Attorney and recorded in the office of the County Recorder. C. Conversion Plan: Specific information concerning the demographic and financial characteristics of the project shall be submitted, including,but not limited to,the following: I. The date of construction of all elements of the project,and the date and description of each major repair or renovation of any structure or structural element, since the date of construction. For purposes of this ordl04zoning/chap 235 revisedn/14l04 3 Ordinance No. 3657 subsection, "major repair" shall mean any repair for which an expenditure of more than$5,000 was made; 2. A statement of a major use of said project since construction; 3. A statement regarding current ownership of all improvements and the underlying land; 4. The square footage and number of rooms in each unit; 5. The rental rate history for each type of unit for the previous two years;_ 6. The monthly vacancy rate for each month during the preceding two years; 7. A complete list of the number of tenants and tenant households in the project,including the following information: a. Households with persons 62 years or older; b. The family size of households, including a breakdown of households with children 5 years and younger; and between 5 and 18 years; C. Households with handicapped persons; d. The length of residence; e. The designation of low- and moderate-income households and whether any are receiving federal or state rent subsidies. When the subdivider can demonstrate that demographic information is not available,this requirement may be modified by the Director. 8. The proposed price of each of the units; 9. The proposed homeowners'association budget,detailed to include fixed costs, operating costs, reserves, administration,and contingencies; and 10. A statement of intent as to the types of financing programs to be made available,including any incentive programs for existing residents. 11. The method to be implemented to assure availability of affordable units to tenants. 12. Signed copies from each tenant of the notice of intent to convert, as specified in this chapter. The applicant shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted. ord/04zoning/chap 235 revised/7/14/04 4 EX fl 1131T T. Ordinance No. 3657 D. Vacancy Rate Analysis: A citywide vacancy rate analysis for multiple-family rental units for the past twelve months shall be submitted. E. Acceptance of Reports: The final form of the physical structure elements report, Conversion Plan, and other documents shall be approved by the Planning Commission.The reports in their acceptable form shall remain on file with the Department for review by any interested person. SECTION 4. That Section 235.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 235.08 Condominium Conversion Standards A. Minimum Construction Standards: The project shall be brought into compliance with the minimum construction standards as listed below unless the Building Official approves an alternate method of construction. Prior to recordation of the final map or parcel map, applicable building permits shall be obtained, constructed and receive final inspection approval for all issues identified in this section and for any health and safety code violations. 1. For all structures built prior to February 1, 1985, draft stops shall be installed in attics to create horizontal areas that are 3,000 square feet or less. For all structures built after February 1, 1985, draft stops shall be in attics above and in line with the walls separating individual units. 2. Each unit shall have access to the electrical branch circuits that serve the unit. 3. Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and the remaining detectors shall be located per currently adopted code and may be battery or hard-wired operated. 4. Ground Fault Circuit Interrupter(GFCI)protection shall be provided where required by the currently adopted electric code. B. Compliance with Zoning Provisions: The project shall comply with the parking requirements of Chapter 231, and landscape improvements shall comply with Chapter 232. For apartments and stock cooperatives with two to four units on a parcel that were sold as condominium units without approval of a conditional use permit and tentative parcel map prior to June 1,2004,a reduction in these development standards may be granted when an applicant agrees to pay an affordable housing in-lieu fee to off-set the loss of affordable rental housing stock. The fee shall be paid according to a resolution adopted by City Council. ord/04zoning/chap 235 revised/720/04 5 Ordinance No. 3657 C. Refurbishing and Restoration:All main buildings, structures,fences,patio enclosures,carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Planning Commission(or Zoning Administrator for exempted units as defined in Section 235.04) shall be refurbished and restored as appropriate for a high standard of appearance, quality, and safety. D. Affordable Housing: Where a project consists of 3 units or more,the applicant shall agree to sell or rent at affordable prices 25 percent of the total units to low- and moderate-income households,with a minimum of 20 percent of the affordable units affordable to low-income households for a period of sixty(60) years. If the units are to be made available for purchase, the maximum sales price of units intended for low- or moderate-income households shall not exceed 2.5 times the annual median income for such households as defined by the California Health and Safety Code, Section 50093. Resale controls shall be included as a deed restriction. If the units are to be for rent,the maximum rent allowed shall keep the units within the low-or moderate-income housing stock. SECTION 5. That Section 235.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 23 5.10 Tenant Benefits and Notification A. Notices of Intent: Applicants for condominium conversions shall give notice of intent to convert to existing tenants and prospective tenants as required by Sections 66452.8 and 66452.9 of the California Government Code. The notice of intent shall be posted on-site in at least one location readily visible to tenants- B. Notices of Public Hearing and Decisions. I. The Department shall notify the residents of the public hearing not less than 10 days prior to the proposed hearing date on the application.The notice shall include notification of the tenant's right to appear and be heard. The Department shall notify the residents of the decision of the Planning Commission within ten days and shall include a copy of all conditions imposed on the project. The list-of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the applicant. Service shall be by mail at the expense of the applicant. 2. Final Map or Parcel Map Approval: The applicant shall give written notification to each tenant with 10 days of approval of the final map or parcel map. The applicant shall also provide notice of application for public report,as issued by the California State Department of Real Estate, which shall be available on request. ord/04zoning/chap 235 revised/7/14/04 6 x i� lt3I T' T• � Ordinance No. 3657 C. Tenants' Discounts: Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant,and shall be ratified by the applicant at the time of conversion. D. Vacation of Units: Each non-purchasing tenant,not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have-not less than 120 days after the date of the tentative map approval by the City or'until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after a conversion application. E_ No Increase in Rent: A tenant's rent shall not be increased within two months prior to a project application,nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place. In addition,all non-purchasing tenants 62 years old or older and all non-purchasing medically-proven permanently disabled tenants shall receive a lifetime lease. Rents for such tenants shall not be increased for 2 years after the filing of the project application. F. Moving Expenses: The applicant shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with all the terms of the subject lease and/or financing,who relocates from the building to be converted after City approval of the use permit authorizing conversion of the units. When the tenant has given notice of his intent to move prior to City approval of the use permit, eligibility to receive moving expenses shall be forfeited. G. Relocation Assistance: Relocation assistance shall be provided by the applicant to non-purchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the applicant on a calendar quarterly basis. Copies of the list shall be posted on- site, dated, and provided to the Department. The following non-purchasing tenants shall receive a minimum of 12 months`relocation time, measured from the tentative map approval,to find replacement housing: I. Tenants with low or moderate incomes;and 2. Tenants with minor children in school. H. Discrimination:No discrimination in the sale of any unit shall be based on race, color, creed,national origin, sex, or age, and a statement to this effect shall be included in the covenants, conditions, and restrictions. Projects created exclusively for the purpose of providing senior citizen housing shall be exempted from this requirement. ord/04zoning/chap 235 revised/?/14/04 7 EXH l�lT T• '7 Ordinance No. 3657 SECTION 6. That Section 235.12 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 235.12 Effect of Proposed Conversions on the City's Low-and Moderate-Income Housing Supply In reviewing requests for the conversion of existing apartments to condominiums,the Planning Commission(or Zoning Administrator for exempted units as defined in Section 235.04) shall consider the following: A. Whether displacement of tenants,if the conversion is approved,would be - detrimental to the health, safety,or general welfare of the community; B. The role the rental units play in the existing housing rental market and whether they serve low- and moderate-income households; and C. The need and demand for lower-cost homeownership opportunities which are increased by the conversion of apartments to condominiums. SECTION 7. That Section 235.14 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 235.14 Bonus for Including Low- and Moderate-Income Housing Consistent with the requirements of Section 65915.5 of the California Government Code,the City shall offer a density bonus or other incentives of equivalent financial value to condominium conversions including low-or moderate-income housing units or lower-income household units. When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, or 15 percent of the total units to lower-income households, as defined in Section 50079.5 of the California Health and Safety Code,the Planning Commission shall either(1) grant a 25 percent density bonus or(2)provide other incentives of equivalent financial value. Any density bonus or other incentives of equivalent financial value provided under this section shall be governed by the requirements of Section 235.08. A. For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments permitted and provided within the existing structure or structures proposed for conversion. "Other incentives of equivalent financial value" shall not be construed to require the City to make any cash transfer payments or other monetary compensation to the applicant,but may include the reduction or waiver of any required fees or the condominium conversion standards prescribed in Section 235.08. ord/04zoning/chap 235 revised/7/14/04 8 Ordinance No. 3657 B. No applications for a density bonus shall be accepted if the apartments proposed for conversion constitute a housing development for which a density bonus was provided under the provisions of Section 230.14_ SECTION 8. That Section 235.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 235.16 Findings The Planning Commission(or Zoning�Administrator for exempted units as defined in Section 235.04)may approve an application for a condominium conversion if it finds that the proposed conversion meets the following requirements: A. That all the provisions of the Subdivision Map Act,this chapter, and other applicable provisions of this ordinance are met; and B. That the proposed conversion is consistent with the General Plan and any applicable specific plan; and C. That the proposed conversion will conform to the provisions of this ordinance in effect at the time of the project approval,except as otherwise provided in this chapter; and D. That the overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, and safety; and E. That either(1)the proposed conversion will not displace a significant percentage of low-or moderate-income,permanently or totally disabled, or senior citizen tenants or delete a significant number of low-and moderate-income rental units from the City's housing stock at a time when no equivalent housing is readily available in the Huntington Beach area,or(2)the applicant agrees to pay an affordable housing in-lieu fee pursuant to Section 235.08 B.; and F. That the dwelling units to be converted have been constructed and used as rental units for at least 5 years prior to the application for conversion; and G. That the applicant has not engaged in coercive, retaliatory action regarding. tenants after the submittal of the first application for city review through the date of approval. H. That either(1)the project is not located within the coastal zone, or(2)the project is located within the coastal zone and the existing use to be converted is not a visitor serving use (including hotels). SECTION 9. This ordinance shall become effective 30 days after its adoption. ord/04zoning/chap 235 revised/7/I4/04 9 Ex i tT �.q Ordinance No. 3657 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of August , 2004. ATTEST: APPROVED AS TO FORM: City Clerk City ttorney INITIAT AND APP VED: REVIEWED AND APPROVED: irector of Planning City Ahministrator ord/04zoninglchap 235 revised/7/14104 10 Ord. No. 3657 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L.FLYNN,the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 19th day of July,2004, and was again read to said City Council at a regular meeting thereof held on the 2nd day of August,2004,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Green,Boardman,Cook NOES: None The foregoing instrument is a correct Dopy of the original on file in this office. Attest ' of'� D"20 ABSENT: Houchen,Hardy, Coerper K, City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, ABSTAIN: None Calffomla. By Deputy P 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 August 12,2004. In accordance with the City Charter of said City Joan L.Flynn,City Clerk ity Clerk and ex-offfi6t Clerk 4W" Deputy City Clerk of the City Council of the City of Huntington Beach, California EX�11C3�T T- h ORDINANCE NO. 3690 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO GENERAL PROVISIONS—MAP REQUIREMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 250 of the Huntington Beach Zoning and Subdivision Ordinance entitled General Provisions is hereby amended by amending Section 250.14,said section to read as follows: 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: 1. Subdivisions of a portion of the operating right-of-way of a railroad. corporation,which are created by short-term Ieases terminable by either party on not more than 30 days'notice in writing. 2. Land conveyed to or from a governmental agency,public entity or public utility, or for Iand conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way,unless a showing is made by the Department in individual cases,upon substantial evidence,that public policy necessitates a parcel map. If a parcel map is not required,the dedication or offer must be indicated by a separate instrument. 3. Lot line adjustments,provided: a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning)of this Code; C. The lot line adjustment shall not sever any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and (3530-2/02) f. A plat map showing the lot line adjustment is prepared,approved, and filed in accord with the provisions of Section 253.24. orcU04zoning/chap 250 1 L-04 1 ''' EXI�1�1T u • ( Ordinance 3690 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. 5. Subdivision of property with two to four apartment or stock cooperative units that were converted to and sold as condominium units without approval of a conditional use permit and tentative parcel map prior to June 1,2004, provided: a. Sale of condominium units is evidenced by recorded documents; b. No dedications or improvements are required by the Zoning and Subdivision Ordinance; e: Covenants, conditions, and restrictions(CC&Rs) are recorded at the County of Orange; d. A plat map showing the condominium subdivision is prepared, approved by the City Engineer, and recorded at the County of Orange; e. A conditional use permit is approved pursuant to Section 235.04 and a Certificate of Compliance is issued by the Director and recorded at the County of Orange. C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act,the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. 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 6 th day of December 2004. A 93&emn,�ZL ATTEST: APPROVED AS TO FORM: ' City der City Attorney 0 fit, /W REVIEWED AND APPROVED: INI TED AND APPROVED: ( City Wdministrator Director of Planning ordl04zoninglchap 25©[1-04 2 E x H' Ord.No. 3690 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 re ular meeting thereof held on the 29th day of November,2004,and was again read to said City Council at a regular meeting thereof held on the 6th day of December,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Hansen, Coerper, Sullivan,Hardy, Green,Bohr, Cook NOES: None . 1-he foregoing instrument is a correct ABSENT: None copy of the original on file to this None o�� �> �L�NN ABSTAIN:• City Clerk and Ex-officio 01erk of the City Council of the City of Huntington Beach, California. �Doput,s" 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby 0. L certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on December 16,2004. In accordance with the City Charter of said City Joan L_Flynn,City Clerk CU Clerk and ex-officio Merk fqowi Deputy City Clerk of the City Council of the City of Huntington Beach, California E,XH1'3iT U .3 y ORDINANCE NO. 3687 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND J SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.26 THERETO ENTITLED"AFFORDABLE HOUSING" WHEREAS,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the Huntington Beach Zoning and Subdivision Ordinance is hereby amended by adding new Section 230.26 thereto,entitled"Affordable Housing,"said chapter to read as follows: 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 very low, low-and median 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. B. Applicability. This section shall apply to new residential projects three(3)or more units in size_ 1. A minimum of ten(10)percent of all new residential construction shall be affordable housing units. 2. Rental units included in the project shall be made available to very low or low- income households based on the Orange County Median Income,adjusted for appropriate family size, as published by the United States Department of Housing and Urban Development or established by the State of California,pursuant to Health and Safety Code Section 50093,or a successor statute. 3. For sale units included in the project shall be made available to very low, low or median income level households based on the Orange County Median Income, adjusted for appropriate family size,as published by the United States Department of Housing and Urban Development or established by the State of California,pursuant to Health and Safety Code Section 50093, or a successor statute. 4. Developers of residential projects consisting of nine or fewer units may elect to pay a fee in lieu of providing the units on-site to fulfill the requirement of the Section, unless the affordable housing requirement is outlined as part of a specific plan Document3 EXHlbrr V. � Ordinance No. 3687 project. 5. Developers of residential projects may elect to provide the affordable units at an off. site location pursuant to subsection B 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 determining the required number of affordable housing units, only new units shall be counted. C. Fees in Lieu of Construction. l. 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. 2. The amount of the in-lieu fees shall be calculated using the fee schedule established annually by resolution of the City Council. 3. One hundred (100)percent of the fees required by this Section shall be paid prior to issuance of a building permit. 4. Fees paid as a result of new residential projects shall be based upon the total number and size 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 California 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 Huntington Beach. 1. Off-site projects may be new construction or major physical rehabilitation,equal to more than one-third the value of the existing improvement, excluding land value,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. I. The conditions of approval for any project that requires affordable units shall specify the following items: Document3 Ordinance No. 3687 (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 related to Orange County Median Income; 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 prior to issuance of the first building permit. 3. The Agreement shall specify an affordability term of not less than sixty(60)years. 4. In a project requiring an in-lieu fee,the applicant shall execute and record an Agreement to pay an Affordable Housing In-Lieu Fee. 5. 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. 6. All affordable units shall be reasonably dispersed 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. 7. Affordable Housing Trust Funds shall be used for projects which have a minimum of fifty(50)percent of the dwelling units affordable to very low-and low- income households,with at least twenty(20)percent of the units available to very low- income households. Concurrent with establishing the annual fee schedule pursuant to subsection C,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 sixty(60)years. The funds 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. 8. 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 Document3 Ek H 1131T V. 3 Ordinance No. 3687 (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 units shall be sold or rented at prices affordable to very low, low-or median-income households pursuant to terms of the Affordable Housing Agreement. SECTION 2. This ordinance shall become effective thirty(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 1—day of November _ 52004 A_ vt ayo ATTEST: City erk R EVI nE)WED AND PR V &APOVED AS TO FORM: ann V V City Administrator. - ttorney U L rim fU up10 INITI D AND APPROVED: Dae&oT of Planning Document3 EX tt3�T V-Y Ord. No. 3687 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) 1,JOAN L.FLYNN,the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of October,2004, and was again read to said City Council at a regular meeting thereof held on the 1 st day of November,2004,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan,Boardman, Cook,Winchell NOES: Green;Coerper The for ing instrtatn�rat is acorrect copy of the original on fie in this office. rl ABSENT: Hardy Attest L , 20 — ��.�r�� ABSTAIN: None City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, Callornia. 6—Deputy' I,Joan L Flynn,CITY CLERK of the City of Huntington 1 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:Fotrntain Valley Independent on November 11,2004. In accordance with the City Charter of said City Joan L.F1vnn.City Clerk Citiblerk and ex-officio rk Deputy City Clerk of the City Council of the City of Huntington Beach,California ORDINANCE NO. 3 6 a A AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO MOBILEHOME PARK CONVERSIONS. The City Council of the City of Huntington Beach hereby ordains follows: SECTION 1. Section 234.04 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.04 Definitions Words and phrases whenever used in this chapter shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household's gross income for low income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person,firm, corporation,partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and shall not mean the adoption, amendment,or repeal of a park rule or regulation. "Change of use"may affect an entire park or any portion thereof, and such "change of use" shall include,but is not limited to, a change of a park or any portion thereof to a condominium, stock cooperative,planned unit development, commercial use, industrial use,or vacant land. D. Eligible owner. Any mobilehome owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Manufactured home. Shall mean the same as Mobilehome as used in this Chapter. F. Market rate unit. A residential unit that is sold on the open market without constraints imposed on the sales price,rental rate, or buyer qualifications. G. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle,as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218. ord/04zoning/chap 234 or&]0/20/04 1 Ex�� �T W. Ordinance No. 3689 H. Mobilehome Park. An area of land where two or more mobilehome sites are rented,or held out for rent,to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. I. Mobilehome space. Any area,tract of land, site, lot,pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. J. Notice of intent to change use. Notification as required by California Civil Code Section 798.56(g)(2). (3595—1/03) K. Senior citizen unit. A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. SECTION 2. Section-234.08 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation-Relocation Assistance Plan: A. Consistent with California Government Code Section 65863.7(e), the applicant shall take steps to mitigate the adverse impact of the conversion,closure or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. These required steps shall not exceed the reasonable cost of relocation as detailed in (1)below. 1. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of relocation. As used in this section,the reasonable costs of relocation shall include the cost of relocating displaced homeowners' mobile/manufactured home,accessories and possessions to comparable mobile/manufactured home park within twenty(20)miles of its existing location, including costs of disassembly,removal,transportation, and reinstallation of the mobile/manufactured home and accessories at the new site,and replacement or reconstruction of blocks, skirting, siding,porches,decks, awnings or earthquake bracing if necessitated by the relocation;reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site;payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve(12)months of the relocated tenancy. 2. Mobilehome Purchase. If the mobilehome cannot be relocated to a comparable mobile/manufactured home park within twenty(20)miles of its existing location,and the homeowner has elected to sell his or her mobile/manufactured home,the reasonable costs of relocation shall include the cost of purchasing the mobile/manufactured home of a displaced homeowner, including any optional equipment and/or tag-a-longs and expando rooms at its in-place value. Such value shall be determined after consideration of relevant factors, including the value of the mobile/manufactured home in its current location,assuming the continuation of the mobile/manufactured home park in a safe, sanitary.and well maintained condition and not considering the effect of the change of use on the value of the mobile/manufactured home,but at no time shall the value of the mobile/manufactured home be less than the replacement cost of a new home of similar size and square footage. ord/04zoning/chap 234 ord/1020/04 2 EX� 1�3�T W. a Ordinance No. 3689 B. Extensions of time; In-park relocation I. The applicant may grant one (1) six-month extension to the length of time given to the mobilehome owners in the notice of intent to change use by notifying the mobilehome owners of such extension at least four(4)months prior to the date specified in such notice. The extension shall be granted for no more and no less than six (6)months. 2. An applicant may,with the consent of the mobilehome owner,transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. Including reasonable living expenses of the residents from the date of actual displacement until the date of occupancy at the new site. All damages to the home incurred during the relocation shall be immediately repaired or replaced by the applicant. C. In order to facilitate the intentions of the mobilehome owners and an applicant for a change of use with regard to a change of use,the parties may agree to mutually satisfactory relocation assistance. To be valid,such an agreement shall be in writing,shall include a provision stating that the mobilehome owner is aware of the provisions of this chapter,shall include a copy of this chapter as an attachment, shall include a provision in at least ten-point type which clearly states the right to seek and the importance of obtaining an attorney's advice prior to signing the agreement,and shall be drafted in form and content otherwise required by applicable state law. No mobilehome owner signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any mobilehome owner signing such an agreement may rescind it in writing within ten days of signing it. Any such agreement which is procured by fraud,misrepresentation,coercion or duress, of any kind, shall be void and unenforceable. D. No benefits shall be provided to any person who is renting a mobilehome from the park owner(who owns the mobilehome)where such tenant shall have executed a written agreement with such park owner waiving his or her rights to any such benefits. No such waiver shall be valid,unless it contains the text of this section,and unless such tenant shall have executed a written acknowledgment that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them. E. No waiver by an eligible mobilehome owner of any of his/her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in subsection C of this section. F. Alternative Housin&. If the mobilehome owner cannot be relocated in accordance with the procedures contained herein,the applicant has the option of making available suitable,and acceptable, alternative housing,together with compensation,to such mobilehome owner. Where alternative housing is proposed, it shall be available in the following categories: ord/04zoning/chap 234 ord/1020/04 3 EXH1T31T k/. 3 ordinance No. 3689 I. Senior citizen housing; 2. Affordable housing; and 3. Market rate housing. G. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty(30)days after the mobilehome owner has notice of the amount he/she is to receive. The applicant shall acknowledge any appeal within thirty(30)days, and if an agreement cannot be reached,the matter shall be referred to a professional arbitrator. H. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right- of-refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. I. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plan was approved. That the applicant has complied with the conditions of approval, including the following items: l. Mobilehome owners will not be forced to relocate prior to the end of their leases. 2. Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assistance plan. 3. DemoIition or construction will not occur until the relocation assistance plan is approved and the eighteen(18)month notification period has expired. SECTION 3. Section 234.09 is hereby added to Chapter 234 of the Huntington Beach Subdivision and Ordinance Code, said section to read as follows: 234.09 Application for Exemption from Relocation Assistance Obligations. A. Any person who files an application for change of use of a mobilehome park may, simultaneous with such application,file an application for total or partial exemption from the obligation to provide relocation assistance. B. If such application is filed,notice of such application,with the information contained therein, and distribution thereof to the owners and residents of the mobilehome park shall be provided with the application for change of use. C. Any such application shall state that it is made on either or both of the following bases: l. That provision for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobilehome park would eliminate substantially all reasonable use ord/04zoning/chap 234 ord/10/20/04 4 F-xHVBIT W `� Ordinance No. 3689 or economic value of the property for reasons not caused or contributed by the park owner or applicant. 2. That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobilehome park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part. D. Any such application made pursuant to subsection(c)(1) shall contain, at a minimum,the following information: I. Statements of profit and loss from the operations of the mobilehome for the most recent five-year period of the date of the application or request,certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act. 2. If the applicant contends that continued use of the property as a mobilehome park necessitates repairs or improvements or both,that are not the result of the park owner or applicant's negligent failure to properly maintain said property,and that the costs thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the Iaws of the State of California certifying that such contractor has thoroughly inspected the entire mobilehome park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent,safe and sanitary condition, and that those certain repairs are not the result of the park owner or applicant's negligent failure to properly maintain said property; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof of repairs, and improvements, if any,due to deferred maintenance separately identified. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or applicant's negligent failure to properly maintain said property. If the director requires an analysis of the information submitted by the general contractor,the director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant. 3. The estimated total cost of relocation assistance which would otherwise be required to the provided pursuant to this chapter,which shall be based upon documented surveys,included with the application, of the available mobilehome spaces within twenty miles of the mobilehome park,residents of the park who are willing to relocate and those who would elect to sell their mobilehomes, and the value of the mobilehomes in the park. 4. An estimate of the value of the mobilehome park by a qualified real estate appraiser if the park were permitted to be developed for the change of use proposed in the ord/04zoning(chap 234 orN1O/20/04 5 EXg113IT W. 6 Ordinance No. 3689 application for redevelopment of the park,and an estimate of the value of such park by such appraiser if use of the property as a mobilehome park is continued. 5. Such other information which the applicant believes to be pertinent,or which may be required by the director. E. Any such application filed pursuant to subsection(c)(2)shall be accompanied by adequate documentation as to the title,case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments,orders, and decrees of such court. SECTION 4. 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 gtb day of November ,2004. ayo PREPARED BY: ATTEST: QM.*%) t-50(I/AdM-142 Cit Attorney /okAy V' City Clerk REVI WED A P ED: City Administrator -� ord/04zoning/chap 234 ord/1020/04 6 EX 151 r W. Co Ord. No.3689 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly appointed,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of October,2004,and was again read to said City Council at a adjourned meeting thereof held on the 8th day of November,2004,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Sullivan,Hardy,Boardman, Cook, Winchell NOES: Coerper,Green The foregoing instrument is a correct copy of the original on file in this offlos. ABSENT: None Attest 201J_ �• jow ABSTAIN: None City Clark and. officio Cuark of the City Council of the City o9 Huntington Beach, Califomia. 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby v certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 18,2004_ In accordance with the City Charter of said City ...{� Joan L.Flynn,City Clerk CV Clerk and ex-officio lerk ►Cd Deputy City Clerk of the City Council of the City of Huntington Beach, California EXHIBIT W.7 ORDINANCE NO. 3 7 2 4 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING VARIOUS SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO RELIGIOUS ASSEMBLY/LAND USE The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 204.16,subsection K,of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: K. Tent Event. Allows for the overflow of any assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. SECTION 2. Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 210.04 RL,RM,RMH,RH,and RMP Districts: Land Use Controls L-3 A conditional use permit from the Planning Commission is required,and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use,subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. SECTION 3. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to change the Use Classification of Religious Assembly to ZA and to delete subsection L- 10. SECTION 4. Section 230.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby deleted in its entirety. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rdday of January ,200. 6 Mayor ATTEST: APPR ED AS TO FORM: Vt City Me& City A'16rney 1?4►141 S REVIE D PPROVED: INI TED AND APPROVED: on City Administra Director of Planning ord/05 zoning Rluipa EX�yi�,�T k . l Ord.No. 3724 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 the 19th day of December,2005,and was again read to said City Council at a regular meeting thereof held on the 3rd day of January,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Coerper, Sullivan,Hardy,Hansen, Cook NOES: None : oregoing instrument is€ � ^i of the original on file in this of e. ABSENT: Bohr attest �` ` 20 City COerk and mac-officio Cie of the City ABSTAIN: None Council of the City of Huntington BMW, isc�snia. 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 January 12,2006. In accordance with the City Charter of said City OE J an L.Flynn.01y Clerk CoClerk and ex-officio OjW Deputy City Clerk of the City Council of the City of Huntington Beach, California EXH 1151T X a ORDINANCE NO. 3730 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.88 A. 2. Permitted Fences and Walls of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: A.2. Fences or walls a maximum of six(6)feet in height may be located in required side or rear yards, except as excluded in this Section. Fences or walls exceeding six(6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight(8)feet including retaining wall with the following: (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3) The property owner shall be responsible for the care and maintenance of the landscape area(s) and wall(s)and required landscape area(s) (4) Approval from Public Works Department. b. Excettion: A_maximum two foot(2)lattice extension(wood or plastic)that is substantially open may be added to the top of the six foot(6)high wall or fence on the interior property line without Building Permits so long as notification to the adjacent property owners is provided. 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 30 days after its adoption. ord/06zomng/&ap 230 1 EX H 1131r Y. Ord. NO. 3730 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of February , 2006. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Aalninistrator City Attorney �. t INIT TED AND APPROVED: ector o laming or"62oreing/thap 230 2 r Ord. No. 3730 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 the 6th day of February,2006,and was again read to said City Council at a regular meeting thereof held on the 21st day of February,2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Sullivan,Hardy,Hansen, Cook NOES: None y d the orinal on fi In this ofiLM. ABSENT: None Attest �" 1 2®u 1 p M �` 0 Cl�rlc art Ex-off icic Is c of the Ci ABSTAIN: None f°cuncil of the City of N ington Beami�� 1,Joan L.Flynn,CITY CLERK of the City of HuntingtonQ, 1 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 2,2006 In accordance with the City Charter of said City ity Clerk and/ex-officW Clerk Joan L.Fl nn Ci Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California EX lb IT YZ ORDINANCE NO. 3764 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.14 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: 230.14 Affordable Housing Density Bonus. A. When a developer of a residential property which is zoned and general planned to allow five (5)or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and 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. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus and incentives or concessions,the developer of a residential project shall elect at least one of the following: a. Provide at least ten percent(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(5%)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 ten percent (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. 06-392/3972 1 EXN1BlY 2 . 1 Ordinance No.3764 2. Duration of affordability. 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 thirty(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. Where there is a direct financial contribution to a housing development pursuant to Government Code Section 65915 through participation in cost of infrastructure, write-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 230.1413.4 shall specify the mechanisms and procedures necessary to carry out this section. 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 funding source of law. The following shall apply to the equity-sharing agreement: a. Upon resale,the seller of the unit shall retain the value of any improvements,the downpayment, 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. b. 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-income household,plus the amount of any downpayment 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. C. 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. Affordabilityagreement. 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 building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on 06-392/3972 2 �XHI�IY Z .a. Ordinance No.3764 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 in which vacancies will be marketed and filled; d. A description of the location and unit type(bedrooms, floor area, etc.)of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.14D unless the City makes a written finding pursuant to Section 230.14J. 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 Section 230.14B. a. For housing developments meeting the low income criteria of Section 230.14B.1.a,the base density bonus of 20 percent 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 percent. b. For housing developments meeting the very low income criteria of Section 230.14B.1.b, the base density bonus of 20 percent shall be increased by two and one-half percent for every one percent increase in the percentage of very low income units above 5%. The maximum density bonus shall be 35 percent. C. For housing developments meeting the senior citizen housing criteria of Section 230.14B.1.c,the density bonus shall be 20 percent. d. For housing developments meeting the moderate income criteria of Section 230.14B.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 percent. 06-392/3972 3 Ex H ibrr Z.3 Ordinance No.3764 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 Section B, "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 subsection 230.14B.1. D. Incentives and Concessions. l. 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: 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 Section 230.1413 at ratios that shall not exceed: 1. Zero to one bedroom: one onsite parking space. 2. Two to three bedrooms: two onsite parking spaces. 3. Four or more bedrooms: two and one-half onsite parking spaces. ii. 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 "onsite 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. 06-392/3972 4 C XH IPBI-r Z.`f Ordinance No.3764 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 include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. b. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households,at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. C. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households,at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. 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 § 65915 (h). G. Child Care Facilities. 1. When a developer proposes to construct a housing development that includes affordable units that conform to Section 230.1413 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: 06-392/3972 5 EXHISM �r z.5 Ordinance No.3764 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 Section 230.1413.2. 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 schoolage child care centers. H. Procedure. I. 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(5) units to qualify for a density bonus. b. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. C. A description of the requested incentive or concessions that the developer requests. d. A calculation of the density bonus allowed. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested incentives or concessions shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council. 3. The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the City Council. (3710-6/05) 06-392/3972 6 Ordinance No.3764 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. Rewired findings for ap rp oval. 1. Density bonus. In granting a conditional use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: a. The proposed project,which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. The proposed project,which includes a density bonus,will not have a significant adverse impact on traffic volumes and road capacities, school enrollments,or recreational resources. c. The proposed project, which includes a density bonus, is compatible with the physical character of the surrounding area. d. The proposed project,which includes a density bonus, is consistent with the overall intent of the General Plan. e. If located within the coastal zone, the proposed project which includes a density bonus will not result in the fill,dredge, or diking of a wetlands. (3334-6/97) J. Required findings 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 either 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). 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 06-392/3972 7 n EX H Ordinance No.3764 is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate-income households. SECTION 2. All other sections of Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance 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 5th day of February ,200 7 AWWAS MA Ma ATTEST: APPR VED AS TO FORM: 6r City C er 1 'City Attorney Q4ry MOD REVIEWED AND APPROVED: INITIATW&P OVED: City Administrator Director of P anning 06-392/3972 8 s Ord. No. 3764 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 the 16th day of January,2007,and was again read to said City Council at a regular meeting thereof held on the 5th day of February,2007,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Bohr,Carchio, Cook,Coerper, Green, Hansen, Hardy NOES: None cqv of the o inai on Map in this a size, ABSENT: None A#94 fib. M 20�L ABSTAIN: None City Cieric and Ex-officio Ct rK of 019 0'14 Council of the City of Huntington f3eacivn Caiyom a. Dya 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 Fountain Valley Independent on February 15,2007. In accordance with the City Charter of said City 11 Joap L.AA Flynn,Cfty Clerk Cif/Clerk and ex-officio erk Deputy City Clerk of the City Council of the City of Huntington Beach, California CXHIFAT Z. q ORDINANCE NO. 3 7 61 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO RESIDENTIAL DISTRICTS-DAY CARE CENTERS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended by changing the land use controls for Day Care-Large Family,as. follows: 210.04 RL,RM,RMH,RH,and RMP Districts: Land Use Controls In the following schedules,letter designations are used as follows: "P"designates use classifications permitted in residential districts. "L"designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. "PC"designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA"designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU"designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U"designates that accessory uses are permitted,however,accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions"column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) 0&493/4219 1 Ordinance No. 3761 RL,RM,RMH,RH,and P = Permitted RMP DISTRICTS: L = Limited(see Additional Provisions) tJ3344" LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RMH RMP Additional RH Provisions - Residential Uses (A)(M)(Q) Day Care,Ltd. P P P P Group Residential - - PC - Multi-family Residential (BxC)(D)(R) 2-4 units ZA P P - 5-9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential,Alcohol Recovery,Ltd. P P P P Residential Care,Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R) Public and Semipublic (A)(0) Clubs&Lodges PC PC ZA ZA Day Care,Large-family L-6 L-6 L-6 L-6 Day Care,General L-1 ZA ZA ZA Park&Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC ` Religious Assembly L-3 PC PC PC Residential Care,General - L-1 PC PC Schools,Public or Private PC PC PC PC Utilities,Major PC PC PC PC Utilities,Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U PAJ P/U P/U (AXG)(H)(I)(LXM) Temporary Uses (J)(M) Commercial Filming,Limited P P P P Real Estate Sales P P P P (N) Personal Property Sales P P P P Street Fairs TU - TU TU TU Nonconforming Uses (KXL) 0"93/4219 2 -EXH 113 T AA` a Ordinance No. 3761 RL,RM,RMH,RH,and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre(gross acreage)or greater fronting an arterial in RL District. L-2 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities,including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required,and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use,subject to a conditional use permit,if the Planning Commission finds that it would be compatible with adjacent areas' and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq.&or greater in RMH-A subdistrict. See also Section 230.42:Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area,or a structural or architectural alteration to the building exterior,shall require an amendment to the previously approved conditional use permit,if any,or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens(See Section 210.08),for affordable housing(See Sections 210.10 and 230.14),or for density bonus(See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street;or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition,a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition,Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. 0"93/4219 3 E:XN (BIT AA-3 Ordinance No. 3761 (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. (J) See Section 241.20:Temporary Use Permits. (K) See Chapter 236:Nonconforming Uses and Structures. (L) See Chapter 233: Signs. _ (M) Tents,trailers,vehicles,or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R) SmalI lot development standards for RM,RMH,and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. SECTION 2. All other Chapters of the Zoning and Subdivision Ordinance not amended hereby shall 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 2nd day of January ,200�. • AjW r ATTEST: APPROVED AS TO FORM: City C erk w 471t;Attorney Fj$jov REVIEWED AND APPR VED: INITIA PROVED: Yde,�L — City Kdrnmistrator \R&Ggibirector of Planning 0&49 la21s 4 IT EX�h 113 �' I Ord.No.3761 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 ula meeting thereof held on the 18th day of December,2006,and was again read to said City Council at a reeular meeting thereof held on the 2nd day of January,2007,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr,Cook,Coerper,Green,Hansen,Hardy NOES: Carchio •�i'a'� �is"ix�y°3�tt'3&:`n�i ��2,F�zs���, ABSENT: None cq y of the original on file in this of&v— Attest �'� 2001_ ABSTAIN: None Oft# Clerk and Ex-off€cio ClGrK of the CIRY Council of the City of Huntington Ee&co, I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Cleric of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 11,2007. In accordance with the City Charter of said City Joan .Flynn.Ci Clerk C' Clerk and ex-officio erk i Deputy City Clerk of the City Council of the City of Huntington Beach,California E:xH �i3rT AA .5 ORDINANCE NO. 3756 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DEFINITIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 203.06 Definitions of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following definition: Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period. 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 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 4 T H day of D E C E M B E R 112006. • Ma ATTEST: PROVED AS TO FORM: City Clerk V City Xttomey REVIEWED AND APPROVED: INITI D AND APPROVED: f City A4ministrator Dir ctor of Planning 11--&-ov 06-539/4681 tX H 1 B IT 138 . 1 , Ord. No. 3756 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } 1, 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 the 20th day of November,2006, and was again read to said City Council at a regular meeting thereof held on the 4th day of December,2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr,Carchio, Cook,Coerper, Green, Hansen, Hardy NOES: None x - oing in umeft a� ABSENT: None = y of flee original on file in this off , Attest b �g, 20 ABSTAIN: None Cher Clerk and lac-officio Clack of tha Ci Council of the City of Huntington recce, CZiornia 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 December 14,2006. In accordance with the City Charter of said City In Joan L.Fl nn Ci1y Clerk C' Clerk and ex-officio erk e uty City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 37 5 7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED USE CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 204.10 FF.7 Vehicle Storage of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 7. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period, including, but not limited to,the storage of parking tow-aways, impound yards, and storage lots for automobiles,trucks,buses and recreational vehicles, but not including vehicle dismantling. (3334-6/97) SECTION 2. All other provisions of Chapter 204 not modified herein shall 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_ 4 t h day of December , 2006. s Ma ATTEST: APPROVED AS TO FORM: City Clerk City A orney 4 REVIEWED AND APPROVED: INITIA D D APPROVED: Z�� La!—ak(',,A City AdYninistrator r Director of Planning 06-539/4680 ' EXHI*BI1j� CC • 1 Ord. No. 3757 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } 1, 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 the 20th day of November,2006,and was again read to said City Council at a re ular meeting thereof held on the 4th day of December,2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green,Hansen,Hardy NOES: None QWy of the original on file in this &*- ABSENT: None Attest . 20 JOAM �• 00 ABSTAIN• None City Clerk are Ex-of 1do Clerk of the C`ty Council of the City of Huntington Beach, i�sniat. 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 December 14,2006. In accordance with the City Charter of said City Joan L.Flynn,City Clerk CuClerk and ex-officio Verk Den1y City Clerk of the City Council of the City of Huntington Beach,California x H 1817-CC.2 ORDINANCE NO. i 7 r,g AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED OFF-STREET PARKING AND LOADING PROVISIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 231.18 E Non-residential Parking and Loading of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following: 8. Parking spaces shall not be utilized or occupied by any other use or for any other purpose than as parking for the associated on-site uses as required by this chapter,unless in compliance with section 231.06,Joint Use Parking. SECTION 2. All other provisions of Chapter 231 not modified herein shall 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 4 t h day of December , 2006. • /7 d `1 B May/ J ATTEST: APPROVED AS TO FORM: ryr City Clerk City Attorney 25l0(� REVIEWED AND APPROVED: INITI D AND APPROVED: 12" City A ministrator Di ec or of Tanning 06-539/4679 t Ord. No. 3758 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 the 20th day of November,2006, and was again read to said City Council at a regular meeting thereof held on the 4th day of December,2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr,Carchio, Cook,Coerper, Green,Hansen,Hardy NOES: None ~�•� oir ; �rurner�is a rlerA y of the original on file in this Mae. ABSENT: None Attest . It 20 LAMM ABSTAIN• None City Clerk and Ex-officio GIGMI of the G: Council of the City of Huntington Semi, 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 Fountain Valley Independent on December 14,2006. In accordance with the City Charter of said City Q84— Joan L-Flynn, Ci Clerk Cit#lerk and ex-officio C k er)utv City Clerk of the City Council of the City of Huntington Beach, California Ex H (b►r 'DD.,k ORDINANCE NO. 3763 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO OFF-STREET PARKING AND LOADING PROVISIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. In Section 231.18 of the Huntington Beach Zoning and Subdivision Ordinance, subsections 231.18 D.8. and E.2. are hereby amended to read as follows: 231.18 Design Standards D. Residential Parking 8. Privacy Gates: Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 1) Fire Department approval for location and emergency entry. 2) Public Works Department approval of stacking and location. 3) Postmaster approval of location for mail boxes or entry for postal carrier. 4) Shall provide a driveway with a minimum of twenty(20) feet for vehicle stacking. 5) No adverse impacts to public coastal access, including changes in the intensity of use of water, or of access thereto, shall result from installation of the privacy gates. E. Non-residential Parking and Loading. 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: I) Fire Department approval for location and emergency entry. 2) Public Works Department approval of stacking and location. 3) Postmaster approval of location for mail boxes or entry for postal carrier. 4) Shall provide a driveway with a minimum of twenty (20)feet for vehicle stacking. 5) No adverse impacts to public coastal access, including changes in the intensity of use of water, or of access thereto, shall result from installation of the privacy gates. SECTION 2. Section 231.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 06-447/4235 1 Ordinance No. 3763 231.20 Bicycle Parking 1. Bicycle Parking Requirements: a. Non-Residential Uses: 1) Buildings up to 50,000 square feet of gross building area: One bicycle space for every twenty-five (25)automobile parking spaces required; minimum of three(3). 2) Buildings over 50,000 square feet of gross building area: The Director shall determine the number of bicycle spaces based upon the type of use(s) and number of employees. b. Multiple-Family Residential Uses: One bicycle space for every four units. 2. Facility Design Standards: Bicycle parking facilities shall include provision for locking of bicycles, either in lockers or in secure racks in which the bicycle frame and wheels may be locked by the user. Bicycle spaces shall be conveniently located on the lot,close to the building entrance as possible for patrons and employees, and protected from damage by automobiles. SECTION 3. All other chapters of the Huntington Beach Zoning and Subdivision rdinance not amended hereby shall remain in full force and effect SECTION 4. 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 5th day of February 12007 Mayo ATTEST: APPROVED AS TO FORM: O 171!6 City Clerk City Attorney W i() 11(( REVIEWED AND APPROVED: INCIITI ED AND APPROVED: City(,ldministrator Di Pc of Planning 06447/4235 2 EEX ( 1'(� EE . � tl Ord. No. 3763 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 the 16th day of January,2007,and was again read to said City Council at a r ular meeting thereof held on the 5th day of February,2007,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green,Hansen, Hardy NOES: None -' ioig instra haft is a Cw. oWi of the original on file in thisofike. ABSENT: None Attest t 20 �o �► �LAW ABSTAIN: None cuy Clark and Ex-offie io Clark of the ,ty Council of the City of Huntington Beao%, CaIbmia. 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 February 15,2007. In accordance with the City Charter of said City Joao L. Fi nn Ci Clerk City erk and ex-officio Cl Q Deputy City Clerk of the City Council of the City of Huntington Beach, California EXHIBIT EE.S Res. No. 2007-21 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 the 19th day of March, 2007 by the following vote: AYES: Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: Bohr ABSTAIN: None em CU Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 SUMMARY OF ENTITLEMENTS LCPA 07-01 11. ZONING MAP AMENDMENT NO. 02-03: This application rezoned properties located on the west side of Lochlea Lane at the intersection with Lomond Drive (District Map 14; Sectional District Map 13-6-11). The zoning on the 2.17 acre parcel was changed from RA-FP2 (Residential Agriculture - Flood Plain 2) to RL-FP2 (Residential Low-Density — Flood Plain 2) in order to facilitate construction of an approved 10-lot single-family residential subdivision. The property is not located within the coastal zone. 21. ZONING MAP AMENDMENT NO. 04-01 and GENERAL PLAN AMENDMENT NO. 04-04: This application rezoned 23.1 acres of property located at 21471 Newland Street from IL-0-FP2 (Limited Industrial — Oil District Overlay— Flood Plain 2) to RM-FP2 (Medium Density Residential — Flood Plain 2) and changed the General Plan Land Use designation from I-F2-d (Industrial—0.5 F.A.R. — Design Overlay) to RM (Medium Density Residential). This application also amended the General Plan Land Use Element by removing the subject area from Subarea 9F of the Community District and Subarea Schedule. Approval of these applications provides for the construction of a 204-unit residential development. The property is not located within the coastal zone. 3. ZONING TEXT AMENDMENT NO. 03-02: This application amends 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance and Downtown Specific Plan (SP5) by streamlining entitlements in order to decrease processing time, reduce application fees, and improve customer service. This application also codified existing policies. 4. ZONING TEXT AMENDMENT NO. 04-01: This application amends Chapter 235, Condominium Conversions, of the Huntington Beach Zoning and Subdivision Ordinance to establish procedures for permitting units previously converted to condominiums without City approval. 5. ZONING TEXT AMENDMENT NO. 04-03: This application amends Chapter 250, Subdivisions General Provisions, of the Huntington Beach Zoning and Subdivision Ordinance eliminating tentative parcel map procedures for apartments and stock cooperatives that were converted and sold as condominiums prior to June 1, 2004 without City approval. 'Any zoning map amendment affecting property in one of the District Maps(Zoning Maps)in the Local Coastal Program(LCP)Implementing Ordinances must be forwarded to the Coastal Commission even if the property is not in the Coastal Zone. Only those District Maps that include property within the Coastal Zone are included in the LCP. 6. ZONING TEXT AMENDMENT NO. 04-04: This application amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance to require affordable housing in conjunction with the construction of new residential projects. The ordinance requires the equivalent of 10 percent of a project with three or more units to be affordable to very low, low or median income households consistent with existing City policy. 7. ZONING TEXT AMENDMENT NO. 04-05: This. application amends Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance pertaining to Mobile Home Park Conversions by updating definitions and added sections regarding relocation assistance of mobile home park residents. 8. ZONING TEXT AMENDMENT NO. 05-01: This application amends four sections of the Huntington Beach Zoning and Subdivision Ordinance in order to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. The amendment ensures that religious assembly uses are protected under RLUIPA citywide. 9. ZONING TEXT AMENDMENT NO. 05-02: This application amends the Huntington Beach Zoning and Subdivision Ordinance, Section 230.88 A, by deleting the Neighborhood Notification requirement for two-foot lattice extensions on the top of a six-foot high fence or wall on an interior property line. The purpose of this zoning text amendment is to reduce processing times and fees for property owners. 10. ZONING TEXT AMENDMENT NO. 06-02: This application amends the Huntington Beach Zoning and Subdivision Ordinance Section 230.14 Affordable Housing Incentives/Density Bonus in compliance with recent changes to State density bonus law. 11. ZONING TEXT AMENDMENT NO. 06-05: This application amends Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance to allow Large- family Day Care uses (7-12 children) in residential zoning districts with an Administrative Permit (Neighborhood Notification: 300-foot radius) with no applicable fee or architectural plans. 12. ZONING TEXT AMENDMENT NO. 06-06: This application amends Sections 203.06, 204.10.FF7, and 231.18E of the Huntington Beach Zoning and Subdivision Ordinance to define vehicle storage, to clarify storage activity, and to clarify how non-residential parking and loading is intended to be utilized. 13. ZONING TEXT AMENDMENT NO. 06-07: This application amends Chapter 231, Off Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance, by correcting and adding text to Section 231.20 Bicycle Parking and provided minor cleanup of Section 231.18 relating to parking controls and privacy gates. RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING DEPARTMENT SUBJECT: LOCAL COASTAL PROGRAM AMENDMENT NO. 07-01 COUNCIL MEETING DATE: March 19, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attome ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attome ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) El Attach Not A elicable i Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not A plicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator Initial ) City Administrator Initial ) City Clerk ( ) EXPLANATION FOR RETURN OF`ITEM: (Below • . For Only) RCA Author: SH:MBB: JV x1661