Loading...
HomeMy WebLinkAboutAppeal of Joint Decision of Planning and Building Director a City ®f Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca gov Planning Division Building Division 714 536 5271 NOTICE OF ACTION 714 536 5241 November 3, 2015 HBCG Cooperative, Inc by way of Daniel G Richmond c/o Cristian L Pelrano, Peirano and Associates, Inc 1666 North Main Street, Suite 350 Santa Ana, CA 92701 SUBJECT: APPEAL OF JOINT DECISION OF PLANNING AND BUILDING DIRECTOR AND FINANCE DIRECTOR TO DENY ZONING APPROVAL, BUSINESS LICENSE AND CERTIFICATE OF OCCUPANCY FOR MEDICAL MARIJUANA DISPENSARY AT 17416 BEACH BLVD. (PLANNING APPLICATION NO. 2015-147) APPELLANT/ APPLICANT: HBCG Cooperative, Inc by way of Daniel G Richmond, c/o Cristian L Peirano, Peirano and Associates, Inc PROPERTY 11 OWNER: Phan Property Management, 1209 E 71h Street, Long Beach, CA 90813 REQUEST: Appeal of Joint Decision of Planning and Building Director and Finance Director to Deny Zoning Approval, Business License and Certificate of Occupancy for Medical Marijuana Dispensary at 17416 Beach Blvd. (Planning Application No. 2015-147) LOCATION: 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) DATE OF ACTION: November 2, 2015 On Monday, November 2, 2015, the Huntington Beach City Council took action on your appeal, and your appeal was denied with findings Attached to this letter are the findings for denial If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Jane James, the project planner, at(714) 536-5596 or via email at Ilamea0-surfaty-hb orq, or the Planning and Budding Department at (714) 536-5271 Sin4relyll S wICP Director of Planning and Building Drat:CC NOA PA 2015 147 17416 Beach Blvd doc i Notice of Action PA 15-147 November 3,2015 Page 2 SH JJ kdc Attachment Findings For Denial —PA 2015-147 c Honorable Mayor and City Council Chair and Planning Commission Fred A Wilson, City Manager Joan L Flynn, City Clerk Bill Reardon, Division Chief/Fire Marshal Michael Gates, City Attomey Michael Vigliotta, Chief Assistant City Attorney Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Building Manager Jane James, Planning Manager Phan Property Management, Property Owner Cristian Peirano, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 Project File I Draft CC NOA PA 2015 147 17416 Beach Blvd doc ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO 2015-147 FINDINGS FOR DENIAL-PLANNING APPLICATION NO. 2015-147 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007 Since then, Huntington Beach Zoning and Subdivision Ordinance(HBZSO) Section 204 18, Prohibited Uses, went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 HBZSO Section 204 18 is valid regardless of Applicant's claim that Ordinance No 4059, a 45-day interim ordinance, is invalid because it violates Government Code Section 65858 Section 20418 was adopted pursuant to regularly adopted Ordinance No 4058, and consequently, stands alone from interim Ordinance No 4059 The validity of Section 204 18 is unassailable because the California Supreme Court approved of dispensary bans in City of Riverside v Inland Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 3 Applicant was not wrongfully denied an opportunity to apply for a business license Applicant's business license application was received on June 16, 2015, and denied on June 26, 2015 The denial was subsequently appealed to the Planning Commission and City Council 4 Applicant's business license appeal correctly was directed to the Planning Commission because the Finance Director denied the application pursuant to HBMC Section 5 08 360 which provides that no business license may be issued to "any person failing to present all appropriate zoning permits " Because the Finance Director relied upon the Planning and Budding Director's conclusion that the dispensary was a prohibited land use, the Planning Director's decision was appealable first to the Planning Commission Moreover, Applicant was not prejudiced in any way by the hearing before the Planning Commission Applicant wanted a hearing before the City Council, and received one 5 The Planning and Building Director correctly considered whether Applicant should be granted a certificate of occupancy although Applicant contends the City only should have acted on its business license application No new business may open without a certificate of occupancy and no certificate of occupancy may be issued without establishing that land use is a permitted use under the HBZSO (HBMC Section 17 04 036, HBZSO Section 240 02 ) Because Applicant could not operate without a certificate of occupancy, Staff correctly determined whether a certificate of occupancy could be issued concurrently with determining whether the dispensary was a permitted use 6 The Planning and Building Director did not misappropriate the appeal fees Neither the business license nor the certificate of occupancy applications could be granted without zoning approval under HBMC Section 5 08 360 and HBZSO Section 240 02 Under the City Municipal Code and HBZSO, all zoning determinations are made initially by the Planning and Building Director, subject to appeals to the Planning Commission and the City Council 1 Draft CC NOA PA 2015147 17416 Beach Blvd doc The correct fees were collected for the appeals to the Planning Commission and the City Council 7 Applicant's proposed medical marijuana dispensary is located in the "Neighborhood Boulevard Segment" of Beach and Edinger Corridors Specific Plan ("BECSP"), and not the Commercial Zone of the City Consequently, whether marijuana dispensaries are a permitted use in the Commercial Zone is irrelevant the Applicant's applications 8 Even if the dispensary was located in the Commercial Zone, it is not a permitted use HBZSO Section 211 04 lists all the permitted and conditionally permitted uses in the Commercial Zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use Further, dispensaries are not comparable to any of the categories of `Retail Sales," as Identified at HBZSO Section 204104 HBZSO Section 212 04 states that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use in the Commercial Zone 9 Although"convenience uses" which include "small scale pharmacies" are permitted in the "Neighborhood Parkway Segment" of the BECSP (BECSP Section 2 2 1 ), a marijuana dispensary is still is not a permitted use 10 Medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Boulevard Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " The Council affirms the conclusion of the Planning and Building Director that dispensaries do not meet the purpose or intent of the BESCP 11 Medical marijuana dispensaries are not small scale pharmacies Pharmacies are licensed by the State Board of Pharmacy, in order to provide controlled substances, dangerous drugs, or dangerous devices by physician prescription A prescription includes the name of the prescriber, the name of the patient, the name and quantity of the drug or device prescribed, and the date of issuance of the order Medical marijuana is distributed to qualified patients and qualified caregivers through a cooperative, pursuant only to a written or oral recommendation of a physician, which is nothing like a medical prescription because there is no date or quantity 12 The City Council has chosen to ban any distribution or cultivation of marijuana in the City Medical marijuana dispensaries have been a prohibited use within Huntington Beach since the City adopted Ordinance No 3788 in 2007 In order to clarify and broaden this longstanding prohibition, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific plan areas 13 Zoning approval of Planning Application No 2015-147 is denied because medical marijuana dispensaries are a prohibited use within the City of Huntington Beach pursuant to Ordinance No 3788, and HBZSO Section 204 18, and dispensaries are not a permitted use in the IG Zone 14 Zoning Approval of Planning Application No 2015-147 is denied because medical marijuana dispensaries are a prohibited use within the City of Huntington Beach pursuant to Ordinance 2 Draft CC NOA PA 2015147 17416 Beach Blvd doc No 3788, and HBZSO Section 204 18, and dispensaries are not a permitted use in the IG Zone 15 Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary is not consistent with the General Plan Land Use Element In addition, it is not consistent with the following policy of the General Plan A Land Use Element Policy LU 7 1 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) The City has established that medical marijuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of a medical marijuana dispensary is not in compliance with the General Plan or the Zoning and Subdivision Ordinance 3 Draft CC NOA PA 2015 147 17416 Beach Blvd doe SUPPLEMENTAL COMMUNICATION Mraeting Date: �• Agenda Item No. � Lo — "- //'/- CITE' OF IIUNTINGTON BEACH Interdepartmental Communication TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM MICHAEL E GATES, City Attorney DATE: November 2, 2015 SUBJECT: AGENDA ITEMS 10, 11, 12 AND 13 REGARDING APPEALS CONCERNING MEDICAL MARIJUANA DISPENSARIES AT: 410 - 17511 Griffin Lane, 46 (Planning Application No 2015-137), 411 - 19142 Beach Blvd., Suite Y(Planning Application No. 2015-146); 412 - 17416 Beach Boulevard(Planning Application No. 2015-147); and 413 - 17416 Beach Boulevard(Planning Application No. 2015-145) There are four appeals related to medical marijuana dispensaries scheduled for public hearings before the City Council on November 2, 2015 The Request for Council Action for Public Hearing Items No 10, 11, 12, and 13 in the November 2, 2015 City Council Agenda require corrections Each of the four items had separate public hearings before the Planning Commission and the record should reflect that there were slight variations in each of the hearings Item 10 (Planning Application No. 2015-137) Page 3 Section C. Planning Commission Meeting and Recommendation—the second paragraph should be replaced in its entirety with: "Two people spoke during the public hearing. Both speakers stated their opposition to the Director's decision and to the proceedings themselves One speaker, Sean Bozarth, an attorney representing the applicant, stated he thought they were appealing denial of the business license,not the Planning and Building Director's decision regarding denial of zoning for the land use The applicant's attorney also stated that the medical marijuana use was a retail sales use and should be permitted in the IG, Industrial General zone." The description of Planning Commission Action on August 25, 2015 should state that the motion was made by Kalmick and seconded by Mandic. Item 11 (Planning Application No. 2015-146). Page 3 Section C. Planning Commission Meeting and Recommendation—the second paragraph should be revised to reflect the name of the public speaker as Sean Bozarth. 1 128007 doc Item 12 (Plannine Application No. 2015-147)- Page 3 Section C Planning Commission Meeting and Recommendation—the description of the Planning Commission's action on August 25, 2015 should state that the motion was seconded by Semeta. �3 Item IZ(Planning Application No. 2015-145)- Page 3 Section C Planning Commission Meeting and Recommendation—the second paragraph should be revised to reflect the name of the public speaker as Sean Bozarth. CHAEL E GATES 6ty Attorney cc- Fred Wilson, City Manager Joan Flynn, City Clerk Scott Hess,Director of Planning and Building 2 128007 doc Dept ID PL 15-022 Page 1 of 8 Meeting Date 11/2/2015 if�ovtszl 6 -o- CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/2/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building, Michael Gates, City Attorney, and Lori Ann Farrell, Director of Finance SUBJECT: Appeal Of Joint Decision Of Building And Planning Director And Finance Director Denying Business License And Certificate Of Occupancy For Medical Marijuana Dispensary At 17416 Beach Boulevard Because Dispensaries Are A Prohibited Land Use (Planning Application No 2015-147) Statement of Issue On or about June 4, 2015, Huntington Beach Care Givers, Inc , and Daniel Richmond, President/Sole Owner (collectively "Applicant") submitted applications for a business license and a certificate of occupancy to operate a medical marijuana dispensary in the "Neighborhood Boulevard Segment" of the Beach and Edinger Corridors Specific Plan ("BECSP"), at 17416 Beach Boulevard No new business may open without a business license and a certificate of occupancy. (HBMC Sections 5 08 010 and 17 04 036) Further, no business license or certificate of occupancy may be issued without establishing that the use is permitted under the Huntington Beach Zoning and Subdivision Ordinance ("HBZSO") (HBMC Section 5 08 360, HBZSO Section 240 02 ) Consequently, the Director of Planning and Building and the Finance Director jointly considered and denied the applications on the basis that dispensaries are not a permitted land use pursuant to City Ordinance No 3788 and HBZSO Section 204 18 Applicant appealed the denial, which Staff directed to the Planning Commission as a request to obtain zoning approval because no business license or certificate of occupancy may be issued without zoning approval, and only the Planning Commission may review the Planning and Building Director's determination that a proposed use is prohibited (HBZSO Section 204 02, BECSP Section 2 2 ) The Planning Commission affirmed that marijuana dispensanes are not a permitted land use, and Applicant appealed to the City Council The Planning Commission and Staff recommend denial of the appeal with findings Financial Impact Not applicable Recommended Action Planning Commission and Staff Recommendation 1 127850 doex HB -767- Item 12. - 1 Dept ID PL 15-022 Page 2 of 8 Meeting Date 11/2/2015 1 Deny Applications for Business License and Certificate of Occupancy (Appeal of Directors' Decision)with Findings for Denial (Attachment No. 1), and 2 Deny Planning Application No 2015-147 Alternative Action(s) The City Council may make the following alternative motion Continue Planning Application No 2015-147 (Appeal of Director's Decision) and direct staff accordingly Analysis A Project Proposal- Applicant/Appellant Huntington Beach Care Givers, Inc., and Daniel Richmond, President/Sole Owner and to the Attention of Cristian L Peirano, Peirano and Associates, Inc, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 Property Owner Phan Property Management, 1209 E 7t" Street, Long Beach, CA 90813 Location 17416 Beach Blvd., 92647 (east side of Beach, 350 feet north of Slater) Planning Application No. 2015-147 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd B Background- Applicant began operating a medical marijuana dispensary at 17416 Beach Boulevard on October 13, 2014 (the "Dispensary"). Prior to opening, Applicant did not seek zoning approval, a certificate of occupancy, or a business license to open and operate the Dispensary Not until June 4, 2015, did Applicant submit business license and certificate of occupancy applications to operate a medical marijuana dispensary at the subject site (Attachment No 4) On September 11, 2014, the City filed suit against the Applicant in City of Huntington Beach v Richmond, Case No 30-2014-00745511 On April 15, 2015, the Court granted the City's motion for a preliminary injunction, which closed the Dispensary pending trial Trial begins November 28, 2016 Prior to June 2015, the City refused to accept business licenses applications from medical marijuana dispensaries because they were banned under the HBZSO pursuant to City Ordinance No 3788 However, on May 29, 2015, the Court ordered the City to "accept and consider" Applicant's business license application The Court did not order the City to approve the business license Rather, the Court expressly stated that the City Codes provide the "Finance Director and the Planning and Building Department with the discretion to grant or deny a business license, and expressly prohibit them from issuing a license in certain situations," including under HBMC Section 5 08 360, which states that no business license "shall be issued to any person failing to present all appropriate zoning permits' Following the Court Order, the City accepted applications for a business licenses and certificate of occupancy from Applicant on June 4, 2015 (Attachment No 3 of Planning Commission staff report) 2 127850 docx Item 12. - 2 HB -768- Dept ID PL 15-022 Page 3 of 8 Meeting Date 11/2/2015 By letter, dated June 26, 2015, the Director of Finance and the Director of Planning and Building denied issuance to the Applicant of a business license and certificate of occupancy because medical marijuana dispensaries are a prohibited use within the City (Attachment No 3 of Planning Commission staff report) Applicant appealed the Directors' decision to the Planning Commission on July 6, 2015 (Attachment No 4 of Planning Commission staff report) C Planning Commission Meeting and Recommendation On August 25, 2015, the Planning Commission heard Applicant's appeal. Because the City Attorney is presently suing the Applicant on behalf of the City, the City retained attorney Matthew Silver to advise the Commission during the public hearing (Mr Silver will similarly advise the City Council ) One person spoke during the public hearing and stated his opposition to the Director's decision and to the proceedings themselves The speaker, Cristian Peirano, Applicant's attorney, stated he thought they were appealing the denial of the business license, not the Planning and Building Director's decision denying zoning approval for the land use Mr Peirano also stated that the medical marijuana use was a permitted use under City zoning Planning Commission Action on August 25, 2015 The motion by Kalmick, seconded by Brenden, to deny Planning Application No 2015-147 (Appeal of Director's Decision) with findings for denial (Attachment No 3) carried by the following vote AYES Crowe, Semeta, Pinchiff, Kalmick, Mandic, Brenden, Hoskinson NOES None ABSENT None ABSTAIN None Motion Passed D Appeal The Planning Commission appeal period expired on September 4, 2015 However, the Court ordered the City to extend the appeal for a one-week period, until September 11, 2015. Applicant filed an appeal of the Planning Commission's denial on September 11, 2015, (Attachment No 2 ) Applicant's appeal raises multiple claims, including that (1) the Appeal is for denial of business license (not for denial of zoning approval), 2) the Planning Commission should not have heard the appeal, and HBZSO Section 204.18 prohibiting marijuana dispensaries is invalid E Staff Analysis And Recommendation Applicant's appeal raises separate, but overlapping issues regarding the decisions of the Finance Director and the Planning and Building Director I Finance Director 3 127850 docx HB -769- Item 12. - 3 Dept ID PL 15-022 Page 4 of 8 Meeting Date 11/2/2015 1 The City Council Should Reject Applicant's Claim That HBZSO Section 204 18 Is Invalid. The June 26, 2015 Planning/Finance letter notes that HBMC Sections 5 04 050 and 5 08.360 prohibit issuing a business license to any person failing to present all zoning approvals It concludes that because HBZSO Section 204 18 prohibits marijuana dispensaries, the business license application is denied Effective June 17, 2015, Section 204 18 expressly prohibits any and all cultivation or distribution of marijuana throughout the City Section 204 18 repeats and broadens Ordinance No 3788, adopted in 2007, which prohibits medical marijuana dispensaries in all zones and specific plans throughout the City Applicant contends that Section 204 18 is invalid because Ordinance No. 4059, a 45-day interim ordinance violates Government Code Section 65858. However, the validity of Ordinance No 4059 is irrelevant because it expired in 45 days, and Section 65858 only applies to "interim ordinances," not regularly enacted ordinances like City Ordinance No 4058 adding HBZSO Section 204 18 Section 204 18 was adopted pursuant to Ordinance No 4058, and consequently, stands alone from interim Ordinance No. 4059 The validity of Ordinance No 4058 and Section 204 18 is unassailable because the California Supreme Court approved of dispensary bans in City of Riverside v Inland Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 Moreover, under the same case, Ordinance No 3788 which banned dispensaries in 2007 is equally effective 2 Applicant Was Not Wrongfully Denied An Opportunity To Apply For A Business License Applicant claims that before opening the Dispensary on Beach Boulevard, it attempted to apply for a business license but the City denied it However, Applicant had a remedy for the City's action, seeking a Court order requiring the City to accept the application Plaintiff did obtain such an order on May 29, 2015, and the City subsequently accepted the application and denied it on the merits However, Applicant was never justified in unilaterally opening in October 2014 without zoning approval, a business license or a certificate of occupancy Such "self-help" is never an option in place of judicial relief 3 Applicant's Appeal Was Correctly Processed Through The Planning Commission Because At Issue Is Whether The Dispensary Is A Permitted Land Use Applicant objects to the fact that its appeal went first to the Planning Commission, contending instead that the business license appeal should have gone directly to the City Council In this situation, the appeal correctly was directed to the Planning Commission because the Finance Director denied the application pursuant to HBMC Section 5 08 360 which provides that no business license may be issued to "any person failing to present all appropriate zoning permits" Because the Finance Director relied upon the Planning and Building Director's conclusion that the dispensary was a prohibited land use, the Planning Director's decision was appealable first to the Planning Commission 1 Applicant raises this claim at page 1 of its appeal and discusses it in detail at pages 3-5 4 127850 dom Item 12. - 4 HB -770- Dept ID PL 15-022 Page 5 of 8 Meeting Date 11/2/2015 Moreover, Applicant was not prejudiced by the Planning Commission hearing. Applicant wanted a hearing before the City Council, and now it has one. II Planning and Building Director 1 The Planning Director's Decision Denying Issuance Of The Certificate Of Occupancy Was Correct Although Applicant submitted a certificate of occupancy application, it objects to the fact that the Planning and Building Director denied it However, no new business may open without a certificate of occupancy and no certificate of occupancy may be issued without establishing that it is a permitted land use (HBMC Section 17 04 036, HBZSO Section 240 02) Consequently, once the Director of Planning and Building denied Applicant zoning approval because the Dispensary is an illegal land use, he was obliged to deny the certificate of occupancy 2 The Planning Commission Correctly Heard The Appeal Of The Denial Of The Business License And Certificate Of Occupancy Only if Applicant obtained zoning approval could it then obtain a business license and certificate of occupancy (HBMC Section 5 08 360, HBZSO 240.02 ) And zoning approvals are decisions made by the Director of Planning and Building, subject to Planning Commission and ultimately City Council review Consequently, the fact that Applicant would have preferred to avoid the Planning Commission is irrelevant where the decision turns on the zoning status of the Dispensary. Although the Applicant argues its business license appeal should have gone directly to the City Council, Applicant has not been harmed by the Planning Commission hearing Regardless of the Planning Commission hearing, Applicant still will receive a City Council hearing 3 The City Council Should Reiect The Claim That The Planning And Building Director Misappropriated The Appeal Fees. Applicant asks the City Council to order a refund of the $3,383 appeal fee it paid for the City Council appeal Applicant's justification for the refund is unclear The City charged the development fees set by Council Resolution As explained above, neither a business license nor a certificate of occupancy may be approved under the City Codes without zoning approval Once the Planning and Building Director and the Finance Director jointly denied the Dispensary zoning approval, Applicant's only option was to appeal to the Planning Commission, and then the City Council The City charged the standard fees for both appeals Consequently, Applicant's claim that the Planning and Building Director"misappropriated" fees is meatless II Land Use Issues Applicant Directs To Finance Director's Decision 1 Pursuant To Ordinance Nos 3788 and 4058, Medical Marijuana Dispensaries Have Been A Prohibited Land Use Since 2007. Applicant's appeal is based primarily on its misplaced belief that prior to the adoption of HBZSO Section 204 18 this year, medical marijuana dispensaries were a permitted use To the contrary, in March 2005, the City Council adopted Ordinance No 3703 allowing medical marijuana dispensaries only in the Industrial and Limited Industrial Zones of the City In November 2007, the City Council adopted Ordinance No 3788, which amended the HBZSO to specifically repeal the 5 127850 docx HB -771- Item 12. - 5 Dept ID PL 15-022 Page 6 of 8 Meeting Date 1102015 authorization of dispensaries in the Industrial Zone By repealing the singular authorization of dispensaries in the Industrial Zone, the result was to prohibit them throughout the City Ordinance No 3788 was adopted in response to a U S Supreme Court decision and several subsequent Federal Court decisions establishing that marijuana remains an illegal drug regardless of California's authorization of marijuana, In fact, the City broadened the prohibition effective, June 17, 2015, through the adoption of Ordinance No 4058, adding HBZSO Section 204 18 Section 204 18 prohibits marijuana from being "sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in conjunction with the distribution of marijuana 2 Medical Marquana Dispensaries Are Not A Permitted Use In The General Commercial Zone Or The BECSP As explained above, dispensaries been prohibited throughout the City However, Applicant makes the specific claim in its appeal that regardless of the general prohibition on dispensaries, its individual dispensary is a permitted use in the General Commercial Zone. The City Council should reject this claim First, as the Applicant's Appeal acknowledges, the Dispensary is in the BECSP, not the Commercial Zone, so whether the latter permits marijuana dispensaries is irrelevant Second, the Commercial Zone does not permit dispensaries HBZSO Section 211 04 lists all the permitted and conditionally permitted uses in the Commercial Zones Medical marijuana dispensaries are not listed as a permitted use. HBZSO Section 211 04 further provides that "Use classifications that are not listed are prohibited." Section 204 02 adds that because use classifications describe one or more uses having "similar characteristics," but do not list "every use," the Director of Planning and Building shall determine whether a specific use is permitted within the use classification The Director shall exclude the use "if its characteristics are substantially different than those typical of uses named within the classification " (HBZSO Section 204 02) (Attachment No 7 ) Applicant claims that dispensaries share the same characteristics as "Retail Sales," a permitted use in the Commercial Zone Section 204 104 defines "Retail Sales" as follows- "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) " Applicant contends that this definition authorizing the sale of merchandise "not specifically listed under another classification" authorizes the sale of anything at all, be it medical marijuana or any other illegal substance This is patently wrong, because by listing numerous types of merchandise as expressly permitted, all other uses are prohibited 6 127850 docx Item 12. - 6 HB -772- Dept ID PL 15-022 Page 7 of 8 Meeting Date 11/2/2015 The City Zoning Code is structured such that all uses are prohibited unless specifically permitted In a recent medical marijuana case, the Court explained that a zoning code identifying permitted uses would be "pointless" without the "corollary that unlisted commercial uses that cannot reasonably be included in any listed use classification are not permitted." (City of Monterey v Camnsh/mba (2013) 215 Cal App 4th 1068, 1093-94 ) Finally, Applicant claims that medical marijuana dispensaries are permitted in the BECSP because they are"convenience uses" which the BECSP permits. The Dispensary is located in the "Neighborhood Boulevard Segment" of the BECSP which permits "convenience uses" including "small scale pharmacies " (BECSP Section 2.2 7.) However, a marijuana dispensary is still is not a permitted use First, medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Boulevard Segment of the BECSP, and consequently, are presumptively prohibited. To distinguish between permitted and prohibited uses, BESCP Section 2.2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " However, the Planning and Building Director has already determined that dispensaries do not meet the purpose or intent of the BESCP Second, dispensaries are not a drug store or medical supply house As the City of Monterey decision held, pharmacies are licensed by the State Board of Pharmacy, in order to provide controlled substances, dangerous drugs, or dangerous devices by physician prescription A prescription includes the name of the prescriber, the name of the patient, the name and quantity of the drug or device prescribed, and the date of issuance of the order Medical marijuana is distributed to qualified patients and qualified caregivers through a cooperative, pursuant only to a written or oral recommendation of a physician, which is nothing like a medical prescription because there is no date or quantity (215 Cal App 4th at 1093 ) To the contrary, marijuana is in a class by itself It is illegal under Federal law Further, it is like several other activities the City has singled out in the Municipal Code for special treatment because of their secondary effects on their neighbors, such as. Chapter 5 24 Massage Establishments, Chapter 5 44 Entertainment Permits, and Chapter 5 70 Sex Oriented Businesses Consequently, the fact the City has not expressly permitted marijuana dispensaries establishes that they are not a permitted use in the Zoning Code and BECSP In summary, medical marijuana dispensaries have been a prohibited use within Huntington Beach since the City adopted Ordinance No 3788 in 2007 Recently, in order to clarify and broaden this longstanding prohibition, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific plan areas Therefore, Staff recommends that the City Council deny Planning Application No 2015-147, Applicant's appeal, and request to obtain zoning approval, a business license, and a certificate of occupancy for a medical marijuana dispensary at the subject site Environmental Status The review of appeal by the City Council is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment Strategic Plan Goal Non-Applicable—Administrative Item 7 127850 docx xB -773- Item 12. - 7 Dept ID PL 15-022 Page 8 of 8 Meeting Date 11/2/2015 Attachment(s) 1 Findings for Denial— Planning Application No. 2015-147 (Appeal of Director's Decision) 2 Appeal from Applicant, Huntington Beach Care Givers, Inc , c/o Cnstian L. Peirano, received and dated September 11, 2015 3 Planning Commission Notice of Action dated August 26, 2015 4 Planning Commission Staff Report dated August 25, 2015, with attachments 5 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated October 19, 2015 6 Court Order, 5/29/15, City v Richmond, Case No 30-2014-00745511 7 HBZSO Section 240 02, Zoning Approval 8 HBMC Section 5 08.360, Business Licenses and Zoning 9 City Ord No 3703, Medical Marijuana 10 City Ord No 3788, Medical Marihuana 11 HBZSO Section 20418, Prohibited Uses 12 HBZSO Section 204 02, Use Classifications 13 Sections 2 17 and 2 2 of the Beach and Edinger Corridors Specific Plan 14 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated October 23, 2015 8 127850 docx Item 12. - 8 xB -774- J TT�4CHMENT1 Ni ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-147 FINDINGS FOR DENIAL - PLANNING APPLICATION NO. 2015-147 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007 Since then, Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204 18, Prohibited Uses, went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 HBZSO Section 204 18 is valid regardless of Applicant's claim that Ordinance No 4059, a 45-day interim ordinance, is invalid because it violates Government Code Section 65858 Section 20418 was adopted pursuant to regularly adopted Ordinance No 4058, and consequently, stands alone from interim Ordinance No 4059 The validity of Section 204 18 is unassailable because the California Supreme Court approved of dispensary bans in City of Riverside v Inland Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 3 Applicant was not wrongfully denied an opportunity to apply for a business license Applicant's business license application was received on June 16, 2015, and denied on June 26, 2015 The denial was subsequently appealed to the Planning Commission and City Council 4 Applicant's business license appeal correctly was directed to the Planning Commission because the Finance Director denied the application pursuant to HBMC Section 5 08 360 which provides that no business license may be issued to "any person fading to present all appropriate zoning permits " Because the Finance Director relied upon the Planning and Building Director's conclusion that the dispensary was a prohibited land use, the Planning Director's decision was appealable first to the Planning Commission Moreover, Applicant was not prejudiced in any way by the hearing before the Planning Commission Applicant wanted a hearing before the City Council, and received one 5 The Planning and Building Director correctly considered whether Applicant should be granted a certificate of occupancy although Applicant contends the City only should have acted on its business license application No new business may open without a certificate of occupancy and no certificate of occupancy may be issued without establishing that land use is a permitted use under the HBZSO (HBMC Section 17 04 036, HBZSO Section 240 02 ) Because Applicant could not operate without a certificate of occupancy, Staff correctly determined whether a certificate of occupancy could be issued concurrently with determining whether the dispensary was a permitted use 6 The Planning and Building Director did not misappropriate the appeal fees Neither the business license nor the certificate of occupancy applications could be granted without zoning approval under HBMC Section 5 08 360 and HBZSO Section 240 02 Under the City 1 119015 doc HB -775- Item 12. - 9 Municipal Code and HBZSO, all zoning determinations are made initially by the Planning and Building Director, subject to appeals to the Planning Commission and the City Council The correct fees were collected for the appeals to the Planning Commission and the City Council 7 Applicant's proposed medical marijuana dispensary is located in the "Neighborhood Boulevard Segment" of Beach and Edinger Corridors Specific Plan ("BECSP"), and not the Commercial Zone of the City Consequently, whether marijuana dispensaries are a permitted use in the Commercial Zone is irrelevant the Applicant's applications 8 Even if the dispensary was located in the Commercial Zone, it is not a permitted use HBZSO Section 211 04 lists all the permitted and conditionally permitted uses in the Commercial Zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use Further, dispensaries are not comparable to any of the categories of "Retail Sales," as identified at HBZSO Section 204 104 HBZSO Section 212 04 states that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use in the Commercial Zone 9 Although "convenience uses" which include "small scale pharmacies" are permitted in the "Neighborhood Parkway Segment" of the BECSP (BECSP Section 2 2 1 ), a marijuana dispensary is still is not a permitted use 10 Medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Boulevard Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " The Council affirms the conclusion of the Planning and Building Director that dispensaries do not meet the purpose or intent of the BESCP 11 Medical marijuana dispensaries are not small scale pharmacies Pharmacies are licensed by the State Board of Pharmacy, in order to provide controlled substances, dangerous drugs, or dangerous devices by physician prescription A prescription includes the name of the prescriber, the name of the patient, the name and quantity of the drug or device prescribed, and the date of issuance of the order Medical marijuana is distributed to qualified patients and qualified caregivers through a cooperative, pursuant only to a written or oral recommendation of a physician, which is nothing like a medical prescription because there is no date or quantity 12 The City Council has chosen to ban any distribution or cultivation of marijuana in the City Medical marijuana dispensaries have been a prohibited use within Huntington Beach since the City adopted Ordinance No 3788 in 2007 In order to clarify and broaden this longstanding prohibition, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific plan areas 13 Zoning approval of Planning Application No 2015-147 is denied because medical marijuana dispensaries are a prohibited use within the City of Huntington Beach pursuant to Ordinance No 3788, and HBZSO Section 204 18, and dispensaries are not a permitted use in the IG Zone 2 119015 doc Item 12. - 10 xB -776- 14 Zoning Approval of Planning Application No 2015-147 is denied because medical marijuana dispensaries are a prohibited use within the City of Huntington Beach pursuant to Ordinance No 3788, and HBZSO Section 204 18, and dispensaries are not a permitted use in the IG Zone 15 Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary is not consistent with the General Plan Land Use Element In addition, it is not consistent with the following policy of the General Plan A Land Use Element Policy LU 7 1 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) The City has established that medical marijuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of a medical marijuana dispensary is not in compliance with the General Plan or the Zoning and Subdivision Ordinance 3 119015 doc Hs -777- Item 12. - 11 FATTACH ME NT lut 2 rRECEIVED S 1 t eot of Planning & Building RECEIVED 1 JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNMupr' fRRk JUNE 26,2015 2 CV CV7YLOfRgggK�� 3 TO. CITY OF HUNTINGTON BEACH CITY" W108W'COUNCIL 4 FROM APPLICANTS,HBCG Cooperative, Inc and Daniel G. Richmond Company 5 President/CEO C/O &to the Attention of Cristian L Peirano, Esq of Peirano & Associates, Inc. 6 1666 North Main Street, Suite 350 Santa Ana, CA 92701 7 Date- September 11,2015 8 RE Appeal of City of Huntington Beach,Finance Director, Lori Ann Farrell & 9 Director of Planning& Building, Scott Hess's denial of business license application certificate of occupancy to operate medical marijuana dispensary 10 rendered on June 26,2015 and Mailed Successfully on July 7,2015. 11 Pursuant to the Honorable Judge, Andrew P Bank's court order dated September 3,2015, the 12 City Council is ordered to hear Daniel G Richmond's and HBCG's appeal of the Finance Director's 13 denial HBCG's and Daniel G. Richmond's business license application and the Planning& Building 14 Director's June 26, 2015 letter of denial 15 16 Accordingly, Daniel G Richmond for himself and on behalf of HBCG Cooperative, Inc 17 respectfully demands on behalf of HBCG,by way of this appeal, that the City of Huntington Beach 18 issue HBCG Cooperative, Inc (hereinafter joint referred to as "Applicant") a business license along with 19 all applicable permits in order to operate a medical marijuana dispensary at the location commonly 20 known as• 17416 Beach Blvd , Huntington Beach, CA 92647 for the following reasons. 21 Appellate demands pertaining to Finance Director,Lori Ann Farrell's decision: 22 ISSUE NO. 1: The City of Huntington Beach's denial of business license application based o 23 HBZSO section 20418 is not valid as the underlying Ordinance No. 4059 used to pass 2014 18 is void 24 25 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' 26 Ordinance No 3 700 27 ISSUE NO. 2: HBCG, prior to operating, attempted to apply for business license, but was 28 wrongfully denied its due process rights to submit its business license application because of the City' -1- Item 12. - 12 HB -778- JOINT . -__-- __ APPEAL OF AT T TQeT TFe R ATQW)to TNF CTTV'C TnTNTT v CTGNFD T FTTFR DATFD TT 1NF 26 2015 i 1 mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from 2 operating in the zone where HBCG operated out of. 3 F ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 4 decision was defective in that HBMC section 5.08 310 clearly states that an applicant aggrieved by an 5 6 decision of the Finance Director 5.04 through 5 16 may file an appeal with the City Clerk within 15 day 7 of the date of mailing and that such appeals be filed with the City Clerk and not the Director of Building g and Planning as incorrectly being tasked with the appeal The notice of decision,however, states that the 9 appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days in 10 which to do so and according to the telephomc confirmation no submission is allowed by mail when al 11 others are allowed to do so 12 Appellate demands pertaining to Planning& Building Director, Scott Hess' decision: 13 14 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 15 decision to deny HBCG's certificate of occupancy be declared null and void as a result of the Director' 16 solicitation of application and the processing of the application without payment of fees first for the 17 application. 18 ISSUE NO. 2: That the City Council find and determine that the hearing conducted by the City 19 Planning Commission be declared null and void and without effect as a result of it hearing an appeal tha 20 was intended and paid for the purpose of being heard before the City Council and not the Planning 21 22 Commission. 23 ISSUE NO. 3: That the City Council find and determine that the fees paid by appellee for the 24 appeal to the City Council be refunded to the HBCG and declared to have been misappropriated b 25 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordered 26 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept. 27 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 2811 demand that you do so and take into consid---f,,,,, ti,e Court's statements that the retail sa'- r----' xB -779- Item 12. - 13 JOINT NOTICE OF APPEAL OF I marijuana does in fact constitute commerce Secondly, we demand, that the council in reaching it 2 decision do so considering the laws in place at the time when appellant attempted to seek a business 3 license in the first place and not under the changes that the City has attempted to in place, after May 4, 4 2015 5 That's just — under these facts, doesn't fly. Because I got news for the city. 6 Medical marijuana is merchandise. Under the clear, commonly understood 7 definition of what merchandise is, it's some product that is for sale, some thing or product, but a person who is in the business of selling it. [See Exhibit 1 Court 8 Transcript Statements by the Honorable Judge Andrew P Banks] ARGUMENT 9 I. The City of Huntington Beach's denial of business license application based on 10 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to 11 pass 2014.18 is void as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City's Ordinance No. 3700 12 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 13 14 business license application its application for business license was denied because 15 Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington 16 Beach, although this ordinance did not change the City's longstanding (HBZSO Section 204 18). Prior to this Ordinance (land use laws) in Huntington Beach prohibited the 17 establishment of any Medical Marijuana Dispensaries or related business in Huntington 18 Beach because such a businesses were not listed as a "permitted use" under the City zoning laws (HBZSO Sections 204.02, 2014 10, 211,04, and 215 04) 19 See Exhibit"2" City of Huntington Beach June 26, 2015, denial of business license application. 20 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 21 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858, ET. SEQ, 22 The City's June 26, 2015, denial of business license application by HBCG makes it clear that the 23 City thinks that it passed Ordinance 4059 on May 4, 2015 Passage of an urgency ordinance, such as this 24 one, is subject to particular procedures that must be followed by the City adopting a zoning ordinance 25 However. 26 Without following the procedures otherwise required prior to the adoption of a 27 zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency 28 measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, Item 12. - 14 plannink commission or the plannir HB -780-ent is considering or studying or intends to JOIN i nu i i%-n vF APPEAL OF ram. rTm rnmc +c+ T/1TT.T'M v(ITI-XTVn T TrTTIID TIATRTI TTTI�TF 1A In1G i I study within a reasonable time. 2 California Government Code section 65858(a) [Exhibit 3] 3 While enacting Ordinance 4059, the City invoked this provision. "Pursuant to Government Cod 4 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 5 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 6 health, safety, or welfare " 7 B. The City cannot meet the provisions of Cal. Gov. Code §65858 as it failed to ameliorate the effects of its prior urgency ordinance for moratorium., against medical marijuana 8 dispensaries. 9 The ability to simply bypass procedures based upon the willingness of a city council to make 10 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the I approval of additional subdivisions, use permits, variances, building Permits, or any other applicable 12 entitlement for use which is required in order to comply with a zoning ordinance would result in that 13 threat to public health, safety, or welfare" (Gov Code § 65858(c)) would seem ripe for abuse, and the 14 City does just that Fortunately, subdivision (e) steps in to prevent the City's abuse. 15 When an interim ordinance has been adopted, every subsequent ordinance 16 adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the 17 termination of the first interim ordinance or any extension of the ordinance as provided in this section 18 Cahforma Government Code section 65858(e). (Emphasis added) [Exhibit 3] 19 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 20 marijuana dispensaries " No two interim ordinances can address the same subject on the same land fo 21 the same reason and purpose. 22 C. A moratorium. on Medical Marijuana Dispensaries was already implemented. 23 The City admits there was a previous moratorium in the new interim ordinance "The City o 24 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries" In fact, 25 the City adopted it on February 22, 2005: 26 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 27 3700 —"An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marihuana Dispensaries" with specific findings regarding the detriment to 28 the public's health, safety and welfare amended to bypass the Planning Commission and bring an ordinance directly to Council a4d to change from a 45-day to a 3()-rlav moratorium The motion carried by t HB _781_rig roll call vote: Item 12. - 15 JOIN1 Nu iiur.ur APPEAL OF .. ............., .......� �......�. ............ ....�........,r..�mr.r r.mmnr r. .rn-.r� rr n.rr+n� �n.� I AYES- Hansen, Coerper, Sullivan,Hardy, Green, Bohr NOES Cook 2 ABSENT None 3 City Council Minutes, February 22, 2005 4 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t 5 California Government Code Section 65858(a) . . this interim ordinance shall become effective 6 immediately" (Ordinance 3700, § 4) Including the amendment to cut the effective period down to 3 7 days, the moratorium expired on March 25, 2005 and can not be re-enacted ten years later pursuant 8 to Government Code section 65858, subdivision (e) As a result, the current state of the law in the City 9 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 10 medical marijuana dispensaries 11 U. Daniel G. Richmond prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license 12 application because of the City's mistaken belief that its municipal code sections 13 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 14 15 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 16 its business licenses. 17 "The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect A business license is a 18 requirement, not a permit to conduct, manage or carry on any business activity within this 19 City. (838-6/61)" 20 HBMC section 5.04 090 License not a permit [Exhibit 4] 21 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. (766-7/60) 22 23 HBMC section 5.04 020 Purpose [Exhibit 5] 24 According to the City's own pamphlets available on line as of the date of this appeal states the 25 following 26 A City of Huntington Beach business license is not a regulatory license but is a 27 tax to help pay for the public safety needs of the people of Huntington Beach 28 —Business Business Licenses, City of Huntington Beach's website. <http.//www huntingtonbeachca gov/ Item 12. - 16 HB -782- II JOIN11vviii.nvFAPPEALOF C'T/lT.=L T V'rTMU Tl ATT:TI TT TT,TR 14 ')nir% i I files/users/finance/How—to—do—bus—flyer pdf[Exhibit 6] 2 Applicant's dispensary falls under the category of General Commercial under the City's land use 3 laws A property classified as general commercial can undertake retails sales of goods, such as medical 4 marijuana 5 21104 CO, CG, and CV Districts—Land Use Controls 6 In the following schedules, letter designations are used as follows. "P" designates use classifications permitted in commercial districts 7 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow 8 [***] 9 Use classifications that are not listed are prohibited Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 10 elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under 11 the heading 12 CO, CG, and CV Districts Land Use Controls P =Permitted 13 *** Co CG [Commercial CV Additional 14 General] Provisions 15 Commercial 16 Uses Retail Sales - P P (U)(V) 17 18 CO, CG, and CV Districts Additional Provisions 19 Huntington Beach Zoning Subdivisions & Ordinance section 21104 [Exhibit 7] 20 This is exactly what Applicant intends to do,which is perform retail sales of medical marijuana. This 21 is allowed in this zone for this property and for this purpose without the need for any additional permit 22 as indicated under 21104 as cited hereinabove. 23 The next question is what retails sales are allowed and what merchandise can be sold in the secto 24 where the Property is located? These two questions are easily disposed of in the City's municipal cod 25 section that follows regarding the permitted use by Applicant under HBMC 204.10Y 26 a. The retail sale of medical marijuana is provided for under the City of Huntington Beac 27 municipal code section under: 204.10Y states. 28 Y. Retail Sales The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drugstores tores, clothing stores, and furniture stores, and businesses ' '' ---'ie following goods. toys, hobby mate HB -78 3- Item 12. - 17 JOINT NO IICE OF APPEAL OF I handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, 2 kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive 3 parts and accessories (excluding service and installation) 4 Hunting Beach Zoning& Subdivision and Ordinances section 204 10Y [Exhibit 8] 5 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 6 "Permissive," 1n circumstances such as this, means that if something is not specifically provided for o 7 allowed then it is not permitted and/or is prohibited 8 In this case, however, there are two reasons why this does not apply as a matter of fact and law. The 9 first is the code section above, is a catchall provision providing for the right to sell merchandise: "Retail 10 Sales The retail sale of merchandise not specifically listed under another use classification" Huntington 11 Beach Zoning& Subdivision Ordinances Section 204 10Y. 12 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under a 13 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 14 under the permissive scheme Nothing which is done or maintained under express authority of a statute 15 can be deemed a nuisance California Civil Code section 3482 [Exhibit 91 16 As a compliment to that section and in order to further understand the application of the language i 17 establishing that the City's laws do embrace medical marijuana dispensaries 18 211.02 Commercial Districts Established The purpose of the commercial districts is to implement the General Plan and Local 19 Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows: 20 [***] 21 B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. 22 Huntington Beach Zoning& Subdivision Ordinance section 21102 [Exhibit 101 23 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 24 within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 25 clear through its use of the terms "full range of retail .businesses" meaning the complete spectrum o 26 retail businesses without any further qualification whatsoever 27 This section does not say "a moderate range of retail businesses", "some retails business", o 28 11"everything except medical marijuana." The City could have, but it did not Clearly, persons, such a 17 Item 12. - 18 1-113 -784- __ .. JOIN. )F APPEAL OF mcT- Tr, Tmr v 0T/-KrVn T R'1"MD TI ATFr) TT TNF?6 2015 i 1 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 2 City of Huntington Beach, 3 The second reason why'the principal of permissive code interpretation is inapplicable in this case 4 comes by way of Art. 1 , Sec.'s 1 & 26 of the California State Constitution. It mandates that the right 5 involved with medical manjuana deal with certain inalienable rights 6 "All people are by nature free and independent and have inalienable rights Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting 7 property, and pursuing and obtaining safety,happiness, and privacy" 8 California Constitution,Article 1, Section 1 [Exhibit 11] 9 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 10 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or bettel 11 tolerated through the use of medical marijuana. It also involves the right to be safe from chronic pain o 12 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 13 through the use of medical marijuana 14 The right to medical marijuana however, is not an absolute or an unfettered right The right t 15 medical marijuana is subject to proscription under the language provided for under California 16 Constitution Art I. Sec 3(b)(4) that guarantees and mandates that if such a right is to be limited o 17 denied that such limitation or prohibition must be achieved through due process of law and under equal 18 protection of law In order to meet this mandate, those like the City seeking to limit or take away an 19 person's rights to medical marijuana,must do so through express words. 20 "The provisions of this Constitution are mandatory and prohibitory, unless by express 21 words they are declared to be otherwise " 22 23 California Constitution, Article 1, Section 26 [Exhibit 12] 24 But the reality is that this property falls squarely within the classification general commercial and i 25 offered the opportunity of conducting general retail sakes. The City's general commercial zones use 26 classification states full• 27 retail sale of merchandise not specifically listed under another use classification 28 This classification includes... drugstores, and businesses retailing the following goods Handcrafted items, medical supplies, " HBZSO section 204 10Y HB -785- Item 12. - 19 JOINT NOTICE OF APPEAL OF 1 But this begs the question of how generous and expansive HBZSO section 204 10Y is. The answer i 2 that it is wide open according to the stated intent of the City when seeking to define the universe of retail 3 sales that are included in the applicable use classification. The answer is simple because the city clearl 4 states and its intention of what has intended to include in its retail sales 5 The purpose of the commercial district is to implement the general plan and local 6 coastal program commercial land-use designations Three commercial zoning districts 7 ourselves by this chapter as follows- [***] 8 B The CG general commercial district provides opportunities for the full range of retail and service this is being suitable for location in Huntington Beach 9 10 HBZOS 211.02, ("***" indicating deletion of chapters or paragraphs not being used in the citation b 11 applicant) 12 Clearly, the intended universe of retail sales encompasses the full range of retail business Full 13 range can be defined according to common parlance as the entire spectrum Thus, plainly and clearly, 14 intending to encompass anything and everything that can fall into this use classification 15 b. Beach and Edinger Corridors Specific Plan (BECSP) also Establishes HBCG's right t 16 operate a medical marijuana dispensary. 17 18 More importantly, even if we consider the application of the Neighborhood Boulevard Segment 19 2 1.7 of the Beach and Edinger Corridors Specific Plan, HBCG has a right to operate a dispensary unde 20 that plans 2.2 Building Use Regulations under use types 2 2 1(g) "Convenience Uses" The designatio 21 of a black dot"0" assigned in the category of use means"Included Use: these uses are allowed by right, 22 subject to cite plan review". See Page 28 of book of development code [Exhibit 13] 23 Appellate demands pertaining to Planning& Building Director, Scott Hess' decision: 24 At the time appellee went down to the City to submit the business license application, the 25 26 counter personnel at the Finance Department asked for the certificate of occupancy form,which appellee 27 obliged. There was no expectation that the certificate of occupancy would be acted upon at the time 28 given that the Court's order allowing medical marijuana dispensaries to submit business license Item 12. - 20 HB -786- JOINT NOTICE OF APPEAL OF I 1 applications was based in large part on Defendant's California Code of Civil Procedure section 526a tax 2 payer action That action claims that by the City wrongfully refusing business license applications an 3 corresponding fees that the failure constituted waste. r 4 Therefore, at the time when the certificate of occupancy form was asked for by the City, then 5 6 was no expectation that it would be acted upon until after the Finance Department approved the license 7 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court had 8 declared that not accepting the application and not accepting the fees would be waste 9 Nevertheless,much to the surprise of all of the medical marijuana dispensaries that applied for a 10 busmess license pursuant to the Court's May 29, 2015 preliminary injunction against the City the 11 response to the application carried with it an unexpected surprise: a joint letter of denial Thejoint denial 12 was from the City Finance Director, Lori Ann Farrell, but also a Planning&Building Director, Scott 13 14 Hess for the certificate of occupancy application that the Finance Department received without payment 15 of any fees. 16 The letter summarily determined that appellee could only appeal the decision to the City's 17 Planning Commission and only appeal the Planning and Building Director's decision and not the 18 Finance Director's decision. This was strange as no fees were paid for the processing of a certificate of 19 occupancy so no decision should have been rendered. 20 All persons submitting applications for any permits, certificates, development 21 agreements, map approvals, or zoning map or text amendments, or any other approvals as 22 required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and 23 charges. Huntington Beach Zoning & Subdivisions Ordinances section 240 06 Fees & Deposits [Exhibit 14] 24 25 The mandate that the certificate of occupancy be paid for is absolute, no discretion, because 26 "shall" is the utmost and strongest form of command No fees were paid and therefore no processing o 27 the application should have ever been made and therefore no need to appeal a decision that never shoul 28 have been made HB _787_ Item 12. - 21 JOINT NOTICE OF APPEAL OF i 1 III. CONCLUSION 2 Now, before attempting to make a decision on this demand for an appeal joint letter of denial as 3 ordered by Honorable Judge Andrew P Banks,we believe you should ask yourself the following 4 questions: 5 1. Why did it have to take a court order for a preliminary injunction to get the City to accept 6 7 business license applications for medical marijuana dispensaries9 [Voice Recording] [Exhibit 15] g 2. What law, policy, regulation or custom and practice did the City have in place that allowed 9 City employees to know that they could refuse to provide a business license application to? 10 3 What law, policy, regulation or custom and practice did the city have in place that allowed 11 City employees to determine on their own what class of persons that they could summarily reject at the 12 counter and refuse to accept business license applications and fees from? 13 14 4 What law, policy, regulation or custom and practice did the city have in place that allowed 15 City employees to direct all medical marijuana dispensaries to go the City attorney's office if they 16 should want to apply for a business license9 17 5 What law,policy, regulation or custom and practice did the City have in place that allowed 18 City to issue a written statement to every applicant seeking a business license application for medical 19 manjuana dispensary"that it is futile" to attempt to procure a business license in the City of Huntington 20 Beach9 [Exhibit 16] 21 22 6 Under whose direction did the City's Planning and Building Director, Scott Hess, decide that 23 he would provide declarations under oath in support of the City's lawsuits against medical marihuana 24 dispensaries falsely claiming that no policy decision of his was ever successfully appealed that he later 25 admitted he never gave9 [Exhibit 17] 26 7. Why has the City attorney chosen to represent to the Courts that the City can regulate through 27 its business licenses when its own laws and statements to the public clearly establish that it cannot? 28 Item 12. - 22 bit 18 statue & online pamphlet] _ HB -788-' JOINT NOTICE OF APPEAL OF I 1 8. Why has the City Attorney represented that the First Step in getting a business license is to go 2 to the Planning and Building department when the City's own diagram with instructions on its web page 3 clearly showed that the"first step"was to go to the Finance Department on the First Floor? [Process] 4 [Exhibit 19] 5 6 9 Who decided overnight, on May 2, 2015, to change the diagram establishing that the first step 7 in getting a business license was to go to the Finance Department to the"first step"in getting a business 8 license was to go to the Planning &Building Department? [Exhibit 20] 9 10 Under whose direction did the City's Fiscal Services Manager, James Slobojan, decide that 10 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 11 dispensaries claiming that he had checked the City's records and that he could find no application for 12 business license when the City had a custom and practice in place of not accepting nor cataloging any 13 14 business license application from any medical marijuana dispensary? [Exhibit 21] 15 11. Under what authority was the Planning &Building Director, Scott Hess, acting under when 16 he decided to process without payment a certificate of occupancy? 17 12 Under what authority was the Planning &Building Director, Scott Hess, acting under when 18 he decided that he would take HBCG's July 17, 2015, Demand for Appeal of Denial of Business License 19 by Director of Finance and commandeer it to be heard by the City Planning commission and not the City 20 Council as it should have in the first place? The Court, on September 3, 2015, in this case had to order 21 22 the City Council to hear this appeal because Mr Hess and the City Attorney refused to allow the appeal 23 and make its way to you as it should have 24 13 Under what authority was the Planning &Building Director, Scott Hess, acting under when 25 he decided that he would take HBCG's $449.00 payment for the appeal of the Finance Director's 26 decision and use it for an appeal of his decision which HBCG was not appealing? Payment was made 27 under"protest" further reinforcing the fact that Mr. Hess misappropriated City money [Exhibit 22] 28 14 What law,policy,regulation or cl HB -789-practice did the City have inplace th Item 12. - 23 JOINT NOTICE OF APPEAL OF I the City Cleric to refuse to accept HBCG's appeal(as well as all other medical marijuana dispensary 2 clients' appeals)when she is mandated to accept its appeal under HBMC § 5.08.310. 3 15. What law, policy, regulation or,custom and practice did the City have in place that allowed 4 its City Clerk to refuse to accept HBCG's fees for an appeal(as well as all other medical manjuana 5 dispensary clients' appeals)that she is mandated to accept payment for under HBMC § 5 08 310 6 7 16 Up until the filing of the instant action why did the City have a Custom&Practice of falsely 8 accusing each and every single medical marijuana dispensary defendant of selling medical marijuana to 9 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that 10 no such event had occurred? We provide you with the letter retracting the false allegation from not only 11 the complaint in the case involving HBCG but also Med Aid [Exhibit 23] 12 17 Why is the City now claiming in its complaint that HBCG made illegal alterations to the 13 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 14 15 had found no such violations even when he accompanied the Fire Department on February 24, 2014'? 16 [Exhibit 24] 17 18 Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 18 marijuana dispensary applications for business license without crossing off the personal information 19 containing social security numbers,birth dates, and tax identification numbers Why did none oft e 20 other attachments on the City's Planning Commission's agenda carry the same mistake for non- 21 22 dispensary applicants? 23 19 Why did the City fail in its fiduciary duty to disclose to the dispensary appellees that the 24 information had been leaked? 25 20 Why did the City's Finance Director who was mandated by the Honorable Judge Andrew P. 26 Banks May 29, 2015, preliminary injunction to review and make a determination on appellee's business 27 25, license application not make the decision herself, as revealed at the Planning Commission August 28 Item 12. - 24 hearing by Mr Hess' own staff mem HB -790 JOINT NOTICE OF APPEAL I 1 21. Why did the Directors of Finance and Planning and Building provide a joint rejection 2 All these questions, when considering the gravity of the circumstances, paint a picture of the City 3 at its worst, actions speak louder than words. Therefore, you have a choice.to make. One, respect the 4 rights of all people under your stewardship or frustrate the rights of those you don't agree with—simply 5 6 because you can. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB _791_ Item 12. - 25 JOINT NOTICE OF APPEAL OF EXHIBIT NO. 1 Item 12. - 26 xB -792- 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER 3 DEPARTMENT C11 4 5 CITY OF HUNTINGTON BEACH, ) 6 PLAINTIFF, ) 7 VS. ) NO. 30-2014-00745511 8 DANIEL GARFIELD RICHMOND, ) 9 DEFENDANT. ) 10 11 12 HONORABLE JUDGE ANDREW P. BANKS 13 REPORTER' S TRANSCRIPT OF PROCEEDINGS 14 FRIDAY, MARCH 27, 2015 15 16 APPEARANCES OF COUNSEL: 17 FOR THE PLAINTIFF: 18 CITY OF HUNTINGTON BEACH CITY ATTORNEY' S OFFICE 19 BY: DANIEL K. OHL, DEPUTY ATTORNEY MICHAEL J . VIGLIOTTA, CHIEF ASSISTANT CITY ATTORNEY 20 21 FOR THE DEFENDANT: 22 PEIRANO & ASSOCIATES BY: CRISTIAN PEIRANO, ATTORNEY AT LAW 23 SEAN RAYMOND BOZARTH, ATTORNEY AT LAW 24 25 RHONDA NORBERG, CSR NO. 9265 , CCRR NO. 185 26 OFFICIAL REPORTER PRO TEMPORE HB -793- Item 12. - 27 - - 9 1 GUESS IT WAS THE FINANCE COUNTER. I FORGET HER NAME, 2 BUT I RECALL- THAT IT WAS A WOMAN -- AND , "THAT IT' S 3 ALWAYS BEEN THAT WAY, WE DON'T ISSUE THEM. " 4 WHAT KIND OF HOOEY IS THAT? THE CITY CAN 'T 5 TAKE THE POSITION IT DID, IN MY VIEW, UNDER THESE FACTS. 6 THEY HAVE TO GIVE THE PERSON A LICENSE. ACCORDING TO 7 THE CITY, THAT PERSON THEN TROTS WITH THAT PIECE OF 8 PAPER OVER TO ZONING; AND THEN ZONING DECIDES WHETHER 9 IT' S A PROPER USE. 10 AND SORT OF NOBODY USED THIS TERM, BUT IT'S THE 11 CONCLUSION I CAME TO BECAUSE OF THIS KIND OF STRANGE 12 PROCESS THE CITY HAS , THE ZONING PEOPLE CAN RATIFY AND 13 MAKE VALID THE LICENSE BECAUSE IT GOES TO FINANCE FIRST 14 BECAUSE IT' S A REVENUE-GENERATING PROCESS. NOW, I DON'T 15 KNOW HOW YOU GET BY SAYING, "NO, YOU CAN'T EVEN HAVE THE 16 DOCUMENT BECAUSE WE NEVER APPROVE THEM. " 17 THAT' S JUST -- UNDER THESE FACTS, DOESN'T FLY. 18 BECAUSE I GOT NEWS FOR THE CITY. MEDICAL MARIJUANA IS 19 MERCHANDISE. UNDER THE CLEAR, COMMONLY UNDERSTOOD 20 DEFINITION OF WHAT MERCHANDISE IS, IT' S SOME PRODUCT 21 THAT IS FOR SALE, SOME THING OR PRODUCT, BUT A PERSON 22 WHO IS IN THE BUSINESS OF SELLING IT. 23 LIQUOR IS MERCHANDISE, AUTO PARTS ARE 24 MERCHANDISE, GROCERIES ARE MERCHANDISE, BONGS ARE 25 MERCHANDISE. SO IS MEDICAL MARIJUANA. NOW, IS IT -- 26 COME WITHIN RETAIL SALES? I THINK YOU'VE GOT A STRONG Item 12. - 28 HB -794- - - ti - - - - - - -- 10 _ 1 ARGUMENT-. I 'M NOT RULING BECAUSE THAT -- I DON 'T GET- _- 2 THAT FAR, BUT IT'S ONLY BECAUSE THE PLAINTIFF USED - 3 SELF-HELP. 4 THE APPROACH FOR THE PLAINTIFF SHOULD HAVE BEEN 5 BEFORE YOU OPENED, GO DO THAT WHICH WAS DONE. WHEN 6 YOU ' RE REFUSED EVEN AT THE FINANCE COUNTER, YOU COME 7 INTO COURT FOR A WRIT AND WE ORDER THE CITY TO DO 8 SOMETHING. 9 AND THEN IF YOU THEN SUBMIT IT, AND ZONING SAYS 10 NO, AND YOU WANT TO CHALLENGE THAT, YOU APPEAL IT TO 11 THE -- I GUESS PLANNING COMMISSION. AND THEN I -- I 12 DON 'T RECALL THAT IT WAS DESCRIBED WHETHER -- FROM 13 THERE; BUT I WOULD ASSUME IT GOES TO THE COUNCIL. 14 AND IF THE COUNSEL SAYS, 'ENO, WE' RE STICKING 15 WITH THIS , " YOU COME INTO COURT ON A WRIT OF MANDAMUS 16 AND I TELL YOU, OR ONE OF MY COLLEAGUES , THAT' S 17 MERCHANDISE; AND YOUR RETAIL SALES DEFINITION -- I THINK 18 IT GOES , FRANKLY. I THINK YOU ARE CORRECT ON THOSE 19 ISSUES . 20 BUT I 'M BEING ASKED TO ISSUE AN INJUNCTION -- A , 21 PRELIMINARY INJUNCTION, WHICH IS AN EQUITABLE REMEDY; 22 AND I SEE UNCLEAN HANDS ARGUMENTS ON BOTH SIDES . THAT' S 23 A PRETTY HEAVY-HANDED APPROACH BY THE CITY, IN MY VIEW. 24 I WAS SURPRISED TO SEE THAT IT WAS THAT WAY. 25 THE PEOPLE OF THE STATE OF CALIFORNIA PASSED 26 THE MEDICAL MARIJUANA M.M. P.A. THE PEOPLE OF-THE COUNTY xB -795- Item 12. - 29 EXHIBIT NO. 2 Item 12. - 3 0 xB -796- EXHIBIT NO. 3 HB -797- Item 12. - 31 t 65858 (a)Without following the procedures otherwise required prior to the adoption of a zoning ordinance,the legislative body of a county,city,including a charter city,or city and county,to protect the public safety,health, and welfare,may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan,specific plan,or zoning proposal that the legislative body,planning commission or the planning department is considering or studying or intends to study within a reasonable time That urgency measure shall require a four-fifths vote of the legislative body for adoption The interim ordinance shall be of no further force and effect 45 days from its date of adoption After notice pursuant to Section 65090 and public _ hearing,the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year Any extension shall also require a four-fifths vote for adoption Not more than two extensions may be adopted (b)Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption.After notice pursuant to Section 65090 and public hearing,the legislative body may by a four-fifths vote extend the interim ordinance for 22 months and 15 days (c)The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety,or welfare, and that the approval of additional subdivisions,use permits,variances,building permits,or any other applicable entitlement for use which is required in order ` to comply with a zoning ordinance would result in that threat to public health, safety,or welfare In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed foi the development of projects with a significant component of multifamily housing may not be extended except upon written findings adopted by the legislative body, supported by substantial evidence on the record,that all of the following conditions exist (1)The continued approval of the development of multifamily housing projects would have a specific,adverse impact upon the public health or safety As used in this paragraph, a "specific, adverse impact" means a significant,quantifiable,direct, and unavoidable impact,based on objective,identified written public health or safety standards,policies,or conditions as they existed on the date that the oidinance is adopted by the legislative body. (2)The interim ordinance is necessary to mitigate or avoid the specific,adverse impact identified pursuant to paragraph (1). Item 12. - 32 xs -798- --(3) There is no feasible alternative to satisfactorily mitigate or - -- _=--- - - - avoid the specific,adverse impact identified pursuant to paragraph (1) as well or better,with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinance (d)Ten days prior to the expiration of that interim ordinance or any extension,the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e)When an interim ordinance has been adopted,every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim - ordinance or any extension of the ordinance as provided in this section (f) Notwithstanding subdivision (e),upon termination of a prior interim ordinance,the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety,health, and welfare from an event,occurrence,or set of circumstances different from the event,occurrence,or set of circumstances that led to the adoption of the prior interim ordinance (g)For purposes of this section, "development of multifamily housing projects" does not include the demolition, conversion, redevelopment,or rehabilitation of multifamily housing that is affordable to lower income households, as defined in Section 50079 5 of the Health and Safety Code,or that will result in an increase in the price or ieduction of the number of affordable units in a multifamily housing project. (h)For purposes of this section, "projects with a significant component of multifamily housing" means projects in which multifamily housing consists of at least one-third of the total square footage of the project. - HB -799- Item 12. - 33 EXHIBIT NO. 4 Item 12. - 34 xB -800- 04 090 License Not a Permit 9/11/15,=11.,31 AM H4 s'-nC':4.I e BeaC-h Cr`ra ter and Codes <P - PreVIcL's €ext L�aE Search Prim x, MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 04 GENERAL PROVISIONS 5.04.090 License Not a Permit The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement,not a permit to conduct, manage or carry on any business activity within this City (838-6/61) View the mobile version. tp//www gcode us/codes/huntingtonbeach/view php?topic=municipal_code-5-5_04-5_04_090&frames=on Page 1 of 1 xs -801- Item 12. - 35 EXHIBIT NO. 5 Item 12. - 36 xB -802- 04 020 Purpose 9/11/15;11 31 AM - C`r'.�E Main Search Print °u:t C:'.t :�'9 MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 04 GENERAL PROVISIONS 5.04.020 PurposeThe ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. (766-7/60) _ View the mobile version _ tp//www gcode us/codes/huntingtonbeach/vlew php?topic=municipal code-5-5 04-5 04_020&frames=on " xB -80-3- Item 12. - 37 s M EXHIBIT NO. 6 Item 12. - 3 8 HB -804- k C1 BOUT BUSINESS LICENSES... elcome to the City of Huntington Beach business _ - mmunity This information guide is intended as a y mma of information you will need to know in You can obtain an application from City Hall, or +-i ter to perate a business in Huntington Beach download one from our website at Certificate of Occupancy - required I " t its guide is provided as a public service !t is not www huntingtonbegchca dov Look under the Planning and Budding Dept for businesses it -inclusive and any specific questions should be Finance Dept for Business License Complete the commercial or industrial location Call (71 ected to the Business License Division at (714) application and bring it to City Hall on the 1 floor, 536-5271 or pick up an application from C 6-5267 Clarification and definition can also be 2000 Main Street or mail it to Business License, Hall and in the Huntington Beach Municipal Code, P O Box 190, Huntington Beach, CA 92648 If you A► Fictitious 'Name (dba) -- must be filed if y le 5 A City of Huntington Beach business are in a commercial location in the city, you may choose a business name that does not inclu vnse is not a r u a or license u need to fill out an application for a Certificate of your own last name Contact the Cour pay Wrthe public safety needs of the people Occupancy for the Planning and Building Cleric's office at (714) 834-2889, go online untiorl eac Department, who can be reached at (714) 536- http flwww oc ca govlrecorder or contact yc -� 5271 local newspaper office . - - + ■ - . tl� Special Permits- required by the Police DE for certain types of business activities Sor ie City of Huntington Beach Municipal Code The business license cost is based on a flat tax examples are firearm dealers, pawnbroke wires most businesses operating in Huntington plus additional amounts if there are more than 3 psychic reading, massage, live entertainme :ach to pay an annual business license tax employees, more than 1 business vehicle or coin and bingo Cali (714) 536-5267 or the Poli isiness Licenses are not transferable between operated machines A typical business license Dept at(714)536-5991 for more informs A i rners, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, A, Seller's Permit (Resale #) -- required oo t .`ation upon notification to Business License and $41 60 Additional amounts added are as follows proval State Board of Equalization if yo p s :partmartmerit t All businesses, trades, professions,the City Planning and Budding Additional Employees 4 - 12 $4 00 each merchandise Call (949) 440-3473 c n 3-52 $3 00 each www boe ca gov Ilings, or occupations operating in the City need 1 3 52 $2 00 each Business License These include but are not Ar Health 'Permit - required for food handlir uteri to Additional vehicles Linder 1 ton $12 00 each permanent make-up, tattooing or bo Any business in a commercial or industrial 1 to 3 tons $35 00 each piercing Contact O C Environmental Health location Over 3 tons $46 00 each (714)433-6000 Persons who have a home office or use their Home-based businesses are required to pay a one- 4' Federal Tax ID # - required if you ha home as the headquarters of their business time fee of$2 00 for a Home Occupation Permit, in employees, are incorporated, or have addition to their license registered partnership Call (800) 829-1040 Businesses, which are located outside the city, visit www irs gov but transact business in the city such as Some business licenses are calculated differently contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, special events, " Worker'sqi Compensation Insurance required services, fumigators, telemarketers etc vending machines, out of town contractors, pool f you have employees Contact y local insurance agent, state fund or vi halls) Call (714) 536-5267 for these licenses Independent contractors such as doctors, www dir ca gov/workers' om html real estate brokers, hairdressers, janitorial /Y Liquor License - required by the State De contractors, and home party demonstrators . . ii! . - . * - . ■ . of Alcoholic Beverage Control if you sell Apartment owners of three or more units A business license may be issued at City Hall iie serve alcohol Contact(714) 558-4101 or vi Mobile Vendors who sell merchandise from o want Your app is io a complete and www abc ca gov their vehicles, such as gourmet food trucks and include all necessary documents You may need !L- Conditional Use Permit - required by t ice cream trucks I to bring the following Seller's Permit showing a Planning and Budding Dept for sor Temporary businesses such as a one-day or Huntington Beach location, Health Permit, businesses such as live entertainment, dan weekend event in the city, or a short-term Certificate of Occupancy or receipt Your schools, internet cafes, or alcohol sales C seasonal business application may also be mailed to City Hall Be sure (714) 536-5271 i n. • • r n • now to Obtain a haX if 14on't Obtain a License? How To Do Business in the City of Huntington inducting business.in the city without a license Beach - a guide to Economic Development Business License n result in penalties, Notices of Violations, and hunttn tonbeachca ovfde artments/ED Iministrative Citations It is a misdemeanor to D Huntington Beach Small Business Assistance i )late the City Business License ordinances Center located at the Huntington Beach ) I Need to Display My Business Licensee Chamber of Commerce 2134 Main Street �� � � � •s, all business licenses must be posted in public #100, Huntington Beach (714)536-8888 cin =w at the fixed location of the business For i191 D S Small Business Administration -. provides )se 'businesses without a fixed location, the financial , assistance programs, guide to yponsible party must carry the business license resources and workshops , (714) 550-7420 or lh them while conducting business in Huntingtonwww sba gov -ach. 1�I S C o R E Service Corps of Retired ` )w Often Do I Need to Renew It? Executives Workshops and counselors for isiness licenses are renewed annually A small businesses Call (714) 550--7369 or visit urtesy notice is mailed 3 weeks before the due www score114 orq to However, you are responsible for renewing ��I California Permit Assistance Center ur license whether or not the renewal notice is . ;slued If the payment is received more than 30 information on local, state 8� federal permits www calgold ca ©v ys past the due date, a 10%per month penalty is arged Notices of Violation and Administrative 191 Small Business Corner - helpful information 00 o lations may also be issued about taxes from the IRS www� irk p� m Moving to a New Location In the City. 'YJ Small Business Development Center - City of Huntington Be a c = ;ass notify us of your new address, phone provides help to small businesses through Bbs''i nessLice ns i' ' bnbe'f,Iand'any other changes to your business 1-on-1 counseling, workshops and education "e ter compliance with any applicable city seminars Call (714) 564-5200, or visit juirements, your business license may be www ocsbdc corn 2000 Main Street insferred to the new location for a small fee If 1st Floor u are moving to a new commercial location, you + • a • • " • • • I need to apply for a new Certificate of - Huntington Beach ;cupancy Better Business Bureau (714) 985-8915 CA 92648 hat if I Stop Doing Business or Move Away? Building Permits (714)536-5241 t, us' know in writing If you want your license Chamber of CI6mmerce (714)536-8888 ncelled No refunds are given when the Community Services Dept (714) 536-5486 Phone: (7 4} °� {�� }/� sinessceases Consumer Affairs Dept (800 952-5210 Fax: 714 536-5934 ) in i Transfer My License to Someone Else? Contractors State License Board (800) 321-2752 ismess Licenses are not transferable from one Employment Development Dept (888)745-3885 Hours. 8:00 am5:00 pm � /ner to another The new owner must apply fora 852�-5711 Monday to Friday It sipqss license in their name Franchise Tax Board (800) here do i Find You?- office of Secretary of State (916) 653-3794 ww .huntln tonbea hca a N 714 536-5271 ' " e are located at 2000 Main St on the corner of sign Permits ( ) " Frktown and Main, in the Civic Center on the I" State Compensation Ins Fund (714) 565-5000 buslness.licerise�surfclty-hb._ � or Enter the main Administration Building and Zoning Department (714) 536-5271 ' ��-- �k- clan&+�i•ho RiminiI I irpnse counter --EXHIBIT NO. 7 HB -807- Item 12. - 41 1 04 CQ,CG, and CV Districts—Land Use Controls 9/11/15;11 36 AM Ykr��.... cones „�� .�'aars_r: �;..$ ZONING CODE Title Zi ZONING CODE—BASE DISTRICTS Chapter 211 C COMMERCIAL DISTRICTS 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"Additonal 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"Addrtronal 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 CO, CG, and CV Districts: Land Use Controls Permitted L=Limited(see Additional Provisions) PC=Conditional use permit approved by Planning Commission ZA=Conditional use permit approved by Zoning Administrator TU=Temporary use permit P/U=Requires conditional use pen-nit on site of conditional use -=Not Pemutted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Residential - - PC Public and Semipublic (J)(Q)(R)(V) - Clubs and Lodges P P tt Item 12. — 42 s/huntingtonbeach/view php?topic=zoning code-2' �1,1_711 n4&frames=on Page 1 of 7 HB -808- 11 04 CO,CG,and CV Districts—Land Use Controls 9/11/15;-19 36 AM Community and Human Services Drug Abuse Centers - PC Primary Health Care L-11 L-11 Emergency Kitchens - L-2 - Emergency Shelters r- L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA - Convalescent Facilities ZA ZA Cultural Institutions PC PC PC Day Care, General L-3 L-3 - Day Care, Large-Family - P P - (Y) - Emergency Health Care L-2 L-2 - Government Offices P P PC Heliports PC PC PC (B) Hospitals PC PC - Park& Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA PC Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Commercial Uses (J)(Q)(R) _-- Ambulance Services - ZA - Animal Sales& Services Animal Boarding - ZA - Anirnal Grooming - P - Arumal Hospitals - ZA - 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 Building Matenals and Services - P - p//wwwgcode us/codes/huntingtonbeach/view php?topic=zoning_code-21•"' "4 ^AOframes=on HB -809- Item 12. - 43 _04 CO,CG, and CV Districts—Land Use Controls - 9/11/15;71 36 AM Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments L-4 L-4 L-4 W/Alcohol ZA ZA ZA (N)(Y) W/Dnve Through - P P W/Live Entertainment ZA ZA ZA M(Y) W/Dancing PC PC PC 0 W/Outdoor DiningZA ZA ZA N(Y) i Food&Beverage Sales - P - L-2 W/Alcoholic Beverage Sales - ZA ZA (� Funeral&Interment Services - ZA Laboratories L-1 L-1 - Maintenance&Repair Services P - marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P Research&Development Services L-1 ZA - Retail Sales P P (U)(V) Secondhand Appliances/Clotlung - P Swap Meets, Indoor/Flea Markets - PC - (T) ZA Swap Meets, Recurring - Recurring Tattoo Establishments - PC Travel Services P P P -- r Velucle 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 it 'slhuntingtonbeach/view php?toplo=zoning_code-21-211-211-04&frames=on 'Page 3of7 Item 12. - 44 HB -810- 9/11/15�11 36 AM 1 04 CO,CG,and CV Districts—Land Use Controls Vehicle Storage - ZA Visitor Accommodations —- Bed &Breakfast Inns ZA ZA ZA (K) - Hotels,Motels - PC -- PC (I) Condominium-Hotel - PC P Fractional Ownership Hotel Quasi Residential - Timeshares PC - (1)(J) Residential Hotel PC (J) Single Room Occupancy - PC Industrial (j)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses (�(V) Accessory Uses & Structures P/U P/tT P/U — Temporary TT_ (F)(J)(V) Animal Shows - TU - Circus and Carnivals and Festivals - TU - Commercial Filming, Limited - P P Real Estate Sales P P P Retail Sales, Outdoor - TU TU ) Seasonal Sales TU TU TU Tent Event P Trade Fairs - P l�onconforaning Uses -- CO, CG, and CV Districts: Additional Provisions L-1 Penmitted 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 Zen Commission theespa space exceeds square square feet r f th less, allowed with a conditional use permit from the Planning feet. (See Section 230 52, Emergency Shelters ) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,5 OO square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square Page 4 of 7 http//www qcode us/codes/huntmgtonbeach/view php?topic=zoning_code-HB1 18 111-04&frames=on Item 12. 45 9/11/15,11 36 AM 04 CC,CG, and CV Districts—Land Use Controls feet L-4 Permitted if greater than 300 feet from residential zone or use, if 300 feet or less from residential zone or use—Neighborhood Notification is required pursuant to Chapter 241 L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. _ L-6 Only"small-scale" facilities, as described m use classifications,s slnnited tothose es d on tth a he maximum seven persons employed full time in processing or treating products, 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 s within a retail building parked aat a ratef one space per 200 square feet, In addition,personal enrichment use es withfollowing- shall require no additional parking provided the use compliaces • Maximum number of persons per classroom does not exceed the number of packing spaces allocated to the suite based upon the square footage of the building; and • --The instruction area does not exceed 75% of total floor area of the-personal enrichment building _ area - - - feet or less, allowed with a conditional use permit from the ZoningL-11 Permitted of the space is 5,000 square Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230 96,Wireless Communication Facilities All other communication facilities permitted (A) Reserved. (B) See Section 230 40,Helicopter Takeoff and Landing Areas (C) Repealed (D) See Section 230 38, Game Centers, Chapter 5 28,Dance Halls, Chapter 9 24, Caid Rooms, Chapter 932, Poolrooms and Billiards, and Chapter 9 28,Pinball Machines (E) See Section 230 32, Service Stations - ___ _ (F) ,See Section 24120,Temporary Use Permits. -- - (G) See Chapter 236,Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle also ha ter 5 g area hall be Dancing Halls,hese may not obstruct either the public sidewalk or the building entry p _ 5 44,Restaurants-Amusement and Entertainment Premises; and Chapter 5 70, Adult Entertainment Businesses - --- - (I) Only permitted on a mayor 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 Page 5 of 7 Item 12. - 46des/huntingtonbeach/viewphp?topic=zoning code-21-211-211_04&frames=on HB -812- 211 04 CO, CG,and CV Districts—Land Use Controls -- 9/11/15�11 36 AM devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development.No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway (K) See Section 230 42,Bed and Breakfast Inns. (L) Collection containers are permitted in all commercial districts, recycling facilities as an accessary use to a permitted use shall be permitted upon approval by the director with Neighborhood Notification pursuant to Chapter 241. See Section 230 44, Recycling Operations M Subject to approval by the Police Department, Public Works Department, Fire Department and the director See also Section 230 86, Seasonal Sales. (N) The fallowing businesses proposing to sell alcoholic beverages for on-site or off-site consumption are - exempt from the conditional use permit process: (1) Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of - gasoline or other motor vehicle fuel ' (2) Restaurants, bars, and liquor stares located 300 feet or more from any R or PS district,public or private school, church, or public use (3) Florist shops offering the sale of a battle of an alcoholic beverage together with a floral arrangement (0) See Section 230 46, Single Roam Occupancy. (P) See Chapter 231 for temporary and seasonal parking - (Q) Development of vacant land or additions of 10,000 square feet or more in floor area, or additions equal to or greater than 50% of the existing building's floor area, or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e g., increased noise, traffic) (R) Projects within 500 feet of a PS District, see Chapter 244 (S) See Section 230 48,Equestrian Centers (T) See Section 230.50,Indoor Swap Meets/Flea Markets. (U) See Section 230 94, Carts and Kiosks. (V) In the coastal zone,the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-onented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters,museums, and related services. (W) Nan-amplified live entertainment greater than 300 feet from a residential zone or use shall be penmitted without a conditional use permit (X) Outdoor during with alcohol sales shall be permitted with a conditional use permit from 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 http//www gcode us/codes/huntmgtonbeach/view php?topic=zoning_codEli " 13' 04&frames=on Item 12. 47 1 04 CO,CG, and CV Districts—Land Use Controls 9/11/15-,71 36 AM (Y) Neighborhood Notification requirements pursuant to Chapter 241 -- - - (Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City-(Downtown Specific Plan District 7) and Waterfront(Downtown Specific Plan District 9) sites Refer to Downtown Specific Plan (3248-6/95, 3334-6/97, 3341-10/96, 3378-2/98, 3482-12/00, 3522-2/02, 3553-5/02, 3568-9/02, 3707-6/05,-3774-10/07, 3848-1/10, 3859-2/10, 4038-12/14) - View the mobile version Item 12. — 48 s/huntingtonbeach/view php7topic=zon1ng_code HB -814- frames=on Page 7 of 7 _ EXHIBIT NO. xB -815- Item 12. - 49 9/11/15�:11 38 AM { 10 Commercial Use Classifications �r nc c,-a•o Rs.`eacch c..e k'i�i�k'ts-r and �ceC��rs _ pp r ;uc''.arcri "1 r"r''..i:t,YCiw tv°Cl. ci{f ZONING CODE Title 20 ZONING CODE—GENERAL PROVISIONS Chapter 204 USE CLASSIFICATIONS 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 1 Animal Boarding Provision of shelter and care for small animals on a commercial basis This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2 Animnal Grooming Provision of bathing and tnmming services for small animals on a commercial basis This classification includes boarding for a maximum period of 48 hours 3 Animal HosPtals 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 Ai 'm s, Retail Sales Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classificationfor a maximum period of grooming, i hours to the retail use, and boarding of animals not offered for sale including 5 Equestrian Centers. Establishments offering facilities for instruction in horseback riding, rings, stables, and exercise areas 6 Pet Cemetery Land used or untended to be used for such places of dead animals, including placement or erection of markers, headstones or monuments over 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. With Dnve-up Service Institutions providing services accessible to persons who remain in their automobiles. d Services. Retailing, wholesaling, or rental of building supplies or equipment E Building Materials an 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.) picture or video photography at the same location more than G Commercial Filming Commercial motion p six days per quarter of a calendar year (See also Chapter 5 54, Commercial Photography) 10&frames=on Page 1 of 5 ,Item 12. — 50 les/huntingtonbeach/view php?topic=zoning code 1413 -S 16- 34 10 Commercial Use Classifications 9/11/15;71 38 AM 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 four coin-operated game machines as regulated by Chapter 9 29, card rooms as regulated by Chapter 9 24, and fortune telling as regulated by Chapter 5 72. Limited Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. I Communications Facilities Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities(Major) This classification includes radio,television, or recording studios, telephone switching centers;telegraph offices, and wireless communication facilities 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 Dnve-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 Ch-apter 5 44 of the Municipal Code 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% 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. With Alcoholic Beverage Sales Establishments where more than 10% 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 of beverages for human consumption and wholesale distribution. M Funeral and Interment Services Establishments primarily engaged in the provision of services involving the care,preparation or disposition of human dead other than in cemeteries Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture The raising of fruits,vegetables, flowers,trees, and shrubs as a commercial enterprise O Laboratories Establishments providing imedicaI or dental laboratory services, or establishments with less than 2,000 square feet providing photographic, analytical, or testing services Other laboratories are classified as Lum ted 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/Egwpment Repair). - Q Marine Sales and Services Establishments providing supplies and equipment for shipping or related tp//www geode us/codes/huntingtonbeach/view php?topic=zoning_code-2(HB -817-`frames=on Item 12. - 51 9/11/15,11 38 AM 14 10 Commercial Use Classifications services or-pleasure boating Typical uses include chandlenes,yacht brokerage and sales,boat yards,boat docks, and sail-making lofts R Reserved. - - - - S 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 fonn only T 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 U 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 V. Personal Enrichment Services Provision of instructional services or facilities,includnlg photography, fine arts, crafts, dance or music studios, driving schools,business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios W Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, spand massage as dry-cleaning businesses egulated by Chapter(excluding large-scale bulk cleaning plants), photo-copying, self-service Iaundrie 5.24 X -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 sis. Y. etail Sales The retail sale of merchandise not specifically listed under another use classification This assification 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) Z. 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 AA Sex-Oriented Businesses. Establishments as regulated by Chapter 570, and figure model studios as regulated by Chapter 5 60 BB 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. CC Swap Meets,Recurring Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. DD Tattoo Establishment Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70 EE Travel Services. Establishments providing travel information and reservations to individuals and businesses This classification excludes car rental agencies EF Vehicle/Equipment Sales and Services -- ---des/huntingtonbeach/view php?topic=zonmg_code-20-204-204_10&frames=on Page 3 of 5 Item 12. - 52 xB -818- 9/11/15;11"8 AM 4 10 Commercial Use Classifications 1. Automobile Rentals. Rental of automobiles,including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2 Automobile-Was g 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 Vehic e/Equipment Re air 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. Limited Light repair and sale of goods and services for vehicles, including brakes, muffler, tine shops, oil and lube, 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 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 GG Visitor Accommodations 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen 2 Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis Motels may have kitchens in no more than 25% of guest units, and"suite" hotels may have kitchens in all units This classification includes eating, drinking, and banquet service associated with the facility 3. Condominium-Hotel Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units)within the larger building or complex is in the form of separate condomnium ownership interests, as defined in California Civil Code Section 1351(D The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests 4 Fractional Ownership Hotel Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners HH Warehouse and Sales Outlets Businesses which store large inventories of goods in industrial-style ttp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 4 of 5 HB -819- Item 12. - 53 9/11/15-,, 1 38 AM 4 10 Commercial Use Classifications buildings where these goods are not produced on the site but are offered to-the public for sale. II (quasi Residential l. Residential Hotels Buildings with six or more guest rooms withouf 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_OccupancX 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-- Timeshare Any arrangement, plan, or similar program,se other than an an forager period program,nge tim whereby less than a purchaser receives ownership rights in or the right t full year during any given year, on a recurring 8�/Of°3669-12/04, 3757e %7u3774110/073 788oi2J07, consecutive years. (3334-6/97, 3378-2/98, 356 , 3842-11/09) ` View the mobile version 'Item 12. — 54des/huntingtonbeach/viewphp?topic=zoning_code-20-204-204_10&frames Page 5 of 5 HB -820- _ r 1 a k V 1 i r t i r 1 f- f t C r I c r I EXHIBIT NO. 9 xB -821- Item 12. - 55 California Civil Code section 3482 . Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. Item 12. - 56 xB -822- r � i r r } r t f h } l 1 1 f f EXHIBIT NO. 10 1 HB -823- Item 12. - 57 - 9/11/15,11 39 AM 1 02 Commercial Districts Established - °n ZONING CODE Title 21 ZONING CODE—BASE DISTRICTS Chapter 211 C COMMERCIAL DISTRICTS 211.02 commercial Districts Established --- The purpose of the commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows' A The CO Office Commercial D istrict provides sites for offices for administrative,financial,professional, medical and business needs B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach ` C The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors More specifically,the CV district provides opportunities for visitor-onented commercial activities, including specialty and beach related retail shops,restaurants,hotels,motels, theaters, museums, and related services. (3334-6/97, 3774-10/d7, 4038-12/14) View the mobile version t F G t 1 Item 12. - 58 des/huntingtonbeach/view php?top1c=zoning_code-21-211-21 -Page 1 of 1 1 02&frames=on HB -824- r i � � a t L i T I 4 l_ - t r i EXHIBIT NO. 11 xB -825- Item 12. - 59 CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS F t SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. fi F Item 12. - 60 xB -826- _ C f f L F f t EXHIBIT N V ■ 12 HB -827- Item 12. - 61 CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC . 26 . The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. Item 12. - 62 xB -828- t h t f } _ t V .. t t i t F a _ 1 1 4 1 f t t I L i f t i EXHIBIT NO. 13 xB -829- Item 12. - 63 Ca e U _ a EisseHdneren4 Arielwrs - - De[iwlran traa4l burancases><e11rn8 Saul[scale phamulcl-5 2.2 �UIL1p3NG �S REGULATIONS }De&piltaa An Eau lilt.=pmvid- owe ihcaters mg resources or aciiv111cs for exerem. - food and ode,.or pronQmg taint- Small scale grocery or food sales • t For the purposes of this Plan,all penntried and conditionally permitted buildwg uses relaxatum,or an)oymesit that is at lease nronco cos,to save nearby rlisted- Convmieace quires • have him classified uua Use Types E&ch Use Type is defined in text below and 15 QQO square foci in siza and is a proven 11a ghburhoods such as those Ii>xcd Dalicaus-seiu,cares hal.cnea ■ in chides uses such as those listed in the aceompsitytng Use Clrar€s The Use Charts geneeralorofsrgnjecant pcdaalnan taaHlc Florixs in Diode specific permitted,conditional and prohibited uses for each Usc Type and sales such as those listed Hardware stores 1 took&key Uses hated m yarrnlered on the DcvaiopmcntS andatds Charts are further regulated -._ she a a 4 idea reoiatx + h ercan and are deflncd as uses perntned 6y right suhjoct to approval of a Site Plan _ Eating&dnnknig esiabltshmtnts 1[evxry Uses 4lsied as cmduianol in this section are defined as those which m4uNc all Soling&Din riid Establishments _ vtl less Chain 12 scats special eonstdcration either of lheir""pacts on the netghborhoud and land secs al the Dsfiumon 8cstau e".hags,clubs,at Full service vicuuty,and/or of their physical aigantaition and design A candtuasiaM1 use shad ix other dronktnglcrdcriarmtent establish- w)Outdoor dining considered for approval if the proposed use conforms wilt all requirements Specified nieces such as shale Its" wl Live enterialannent c fi Business serrrices in the eonditionat use policy.and if it conforms wtih{hc goals and vwlan of the w1 Dancing c Defimum Small to medium stied bust- Battles • Plan wl Alwhol c nestles pro"citng cervices to local brut Mad I she trig services All permitted uses for a single Center or Segment are allowed either alone or in Vend erc"a aces or stands nests and residents such as those hsied Of6m ly c■mbrnanmwsth arty oihrr lnemutted uses within a parcel Praporcd uses that arc rear Adult mtertalsurretit tacihti� Photo n & nung ` csphcady hstod sn the Use Charts rally be permitted if it is dctmnimcd by the Planning Special Conditions for Business Semccs Financial servacas c ❑imctor that 01e proposed usea local.the purpose and intent ofthe Plan 5pea al Cundirmn9 for Eating&Dmnhing EstaldtshmCnts (1) Financial services shall he peimtitcd in rhos category providing gloat they Legend (1) vcndarCarts spaces,ar standswAut the public rl8ht-o(way shall require arc offer servicu that cater to and generate pedestrian Istria Other rn - :al services uses are to be considered under 3)Oificc;'in this Not Pemimcd a condiloanal else permtl flume O • tucluded the ibex uaas are allowed by nehi,sub act to Site Plan Review rted on sidewalks within section 3 Conditional Us= ificse usetl require a toiideuoewl use pain rt fhey ace allowed (2) Chairs and tables for outdoor dining shall be perm e orohcy are deemed by the approving body(o meet the Purpnm and uftni of oho the setbacks zone and within the public right-of way provided chat C'3 P 1 sv4ees i5 plan (a) The use matntams a mintrntuit flvc-foot wide unobstructed portion of Barber she I hair&owl salons • �s — _ --- _ businessesalon Smog in mcdrom sexed s . sidewalk esmdor which is clear gird unimpeded.for pedestrian traffic biismeasoa providirng services to local Tannr safana&s s sa 221 USE TYPES Yoga&karaieuudtas • °° { a. s,xr�r-,:aa.t� i.�fc•�{'d't t^' (h)The use keeps the l41Y width of the budding entrance clefs and households�icti ac those ftsled ice- s RC#8 � -� �.ce..i 'tinefe°%P a�_...'�f.� aua,3. t', oi :. unimpeded for building accus l7rydtarung eslabltsbmt:nls p '` _ Selrservotx lnundromais Z i) Grncral Rsrtul Rogmremeni6 " - .,�, - (I) Mimmum interior height for ground level retail of all types Isfoureen -• (14)foot from floor to calling Use conversion&in an"Isnng building F tl )]Personal Enrothmstrif Services e 5 e ■ r>b may not be rt'gltued to moot this rcqutrcmcat Definition Genendl retail"oebiaslmienlr +°+ oral��ilarcs . Dafimatan Prnvtsrom of maWtuon•1 Unvet educauan r j setlha unit I ci Dods such as Hoak stoles samccs or facillucs Yoga,daotx,marital aria,or other _ (2) Any uses featuring surdaor sales or outdoor stem not clearly ancillary 8 q ty g • Fine a studios thus.liskd Art lianas to use shall require a Conditional Use Prnnit Open att markets • Fine ails&crabs a S el Goods Anchor& Large Scale Goads goods 1bar.due SODOM hand 1 arc uc scoras --- De arbrienl starts ' b their and rusk rows `lase lancesaccess k Se Commercial R fie dig 1Womutni A'rcgiori1 destnatian' by tars end trucks soich a9 appliances, A tias+cc&electronics sores G rani-food retail store iliai fie ai laasl. General mcrtiiasduc stoles elxtranoes.spieling goads,liertutwe Sporn :Dods tltores • DrSinsnon Busintutlos ptuvedmg Pluiribirig saxvira:s 30 QQQ square feet.in sixe and is a pmv- Boobs urea and biune fumistiittgs Fumiwto&home Cvrsi>ahings &r icCs to industry,services that are Vanmi cte.m.sawing and apptr ■ uidutlutal on generator d sign ificant ppedestrian • in palurq or same ihai are aloe rc air ■ LIM oona:s superAores stores draffle and sales such as those)fisted Quality hem.deparmicat best suited to 1a auto-oriented envnon- GaS Slarton6 c � su erstores ---------- Mahe such as(base heated C h Definimoa A'°Iacaitlestu at f - l Log Scale Corites ivhwi 8adds 3 er3 Cenirls �. ontlo _74 I o*sinrM1ei'rs _ Wve4itwac retail *. • • Defimttoo 8ii%ncsses whirs.pnrrauy - yes_ S muwkats Definition ESWISlaiicirls providing Small sick movie tbilliars acovsy is the sale or repair a large Equipment retail resources or acuvoaes for ucrcise Bowlm centers&billiard dais_+ vcnicncc store that r ai laasi 13,QdQ Speeaahy foodmatlitss • scale 1 comnmrewl goods that sic not Constr rat supply supply _ • square fort in sue and u a proven Pharmacies&cunverimmin relaxation,or et>pymerit sash as those Hoalih d,exercise clubs • pvucularly art ell suited to pedes[rtui Rtsfalirvd • listed c geacr&tor of prdesinaa traffic and sates s eraiores _ I Auiusemeii4 arcades cars a is and that such close,.t d 6y Auio ! stores such as those listed corimunuy oriented ainchva cars oiid trucks self as ihas<lia(ed 28 i i..s I� ke) 4—) 'yk-T on;. 14 2-2.2 SPECIAL RETAIL CONFIGURATJONS sul VeMde Sales fi7U_W 9*91141 '.� ..;_r 44 B"b makfoat guest hatus e�c�mmereiai lodg-I Nimition Business"that sell any motorvehicic sales e DOwlim SbOtt-1 mg facdaws Such 'I), Oil listed kmd of motarind Vehitcle such As those �i Lf�� as;those laded 'Defii�id Holds&molds Special RMTI Configurations limitthe sin ofindividua Wriants and the lotat amount of terai I perrrutn:6 for Ncigbborbood Center and Comer Store retail"cluatiors'as 'i.�IL well as the pTovni on of drive-dirough srrvlws 19-2 2,37'�I ar [25"_PW F%d Ctdtu '�421� I in Mot ve, Rehicaus assembly a I -) , ­ ' -(mcludi ng ediuce, Defirilacm A dwel k 9 1.us Una d •ties)cultural institutions. Rawbail.footbafl.s woupaut condum a harric-bas4d bus- s ot: MW recreational Faahaeg Made avail- and others.,ic,=Unts ness or coLarprae t) Where rucasi a permitted as put of a Neighborhood Center,Comer Store,or • able to the general public for free Oral. Community can drive thraiigh it shall conform to the following stzt and location requiremcnits reinOTIANO cosi.Such as lbow:usled Educational F&CLImes Special Condamns for Lwe-Work W Walk se (1) work w(jvLc indoor public recreation fac-thtles. 0 7 las that require hazardoin assembly,inziudmi;ffilincation, a) Neighborhood Center Libraries manufacturing,repair, or processing operations such in welding and Definition A retail cluster(two or mote abutting retail establishments)consisting assembly, todudag""'ne"Ln, �u a 'emb a g the cre Exhibition,canventior,of carill;r woodworking,w vuriucti including the bmdlmg of animals shall requffe a of{permitted}convenience uses,small-scale sboppm&and personal savtces that ence con lent Con dirional.Use P Onrul. provide goods and semc*s arnemues to nearby residential.neighborhoods a,_riac im.", ritn (2) 7U maximum number of empkaym not including the owliffloccuPhIlt Is 1) Special Conditions for Neighborhood Serving Renal linnaLd to Two per=t (1) Limited to o mmorium oftwo community Oriented anchor$ yn; v C,ouxtboum • r solely__ (1) OrLot established.Live-Work may not be convened to a solely commercial Museums (2) Limited to a maximum of25,000 square feet ofrion-anchorremil _W is revert regforMimit arts facilities • busirt"suse However,J_rve_WoTk units may revert to solely residential (3) Limited to a ramman size ol`5�000 square fees per Entail;and Drinking Stadiums not including stadiums we establishments I rbir rof.oftal ssi teams jor 75 t 1-,' (4) Condillefiftl Use Pcmit I)eveWpment including rion-Ancliaced!rcutill uses I " —'i Swurram, cola I I I a� a 1, 4 Post oakes • Definition All I owner-and tcnter-occupied dwelling units,including atrarbcd and exceeding a Wtal of 25,000 square test QQ Trani:facilities,terim-nals,& • detached houses,mute-unit buildiap,manufactured and mobtle homes stations b) Corner Store police stations&.Firs slattons a Multi-fameIt with Common Lob_bv Ent rir Dafmition A small start or cluster of sites integrated tato a largerbuilding on Q Defirtioan Buildings deigned as Dwel or's acres ' t a Din" Storeslk Of a city bla Comer Stores Zaatst of(Parnifted)c"VeaKnoo uses Z riesidenze For multiple houschu:11 whore UwetUng u...' &MAII-wale shopping,and personal serynes that serve homes or businesses located %r AX, some dwelling anise are scsesatd from a mom hoaseholds alructum within easy walking distance al Professional Semites common lobby entry or shared hallway Def6ution Workplace uses jmludLng PLC943rch&ileac merit 0" a Special Conditions for Comer Store Retail (1) A maximum size or2'500 square f"I per use C4 profowonal adrimosintive research Educational&mfitAtutimal offices 0 la l multWorrilly VMth. uu Enlry and dgvelopuricirt,fintincial id educe Print&CjCCtmftLQ Media 0 MCU Wriltion BuildiTtits-lissigued"a Dwelling wati,accessory • (2) A rnwmurn size of 5,000 squait fen tom)per cluster � .1 M clonal activi4cs for bus mosses,kndtvulu- (ocNMaper,mag=e,,nndw. . residence for multiple hmischolds where (3) Conditional Use Permit Tridirvidul uses larger than 2,500 square feel all,and non-profit Orlitanizivaris such as teltvisloril all dwelling tinrts hav,t a dedicated than listed provided that The use is unique and not already provided within one(1) EmceeData or lelecomMunrAillow Of- 9 entrance accessed directly Him A public Mile trade arts t Any other professioml.executive ff 14) Comer Store Reriuj must be located on the comer of a blocl,and the Or 64MLotstrativo office use entrance rmistfice a public street,square,or plaza space I:)Attached Stricile-ftnilly Harruall %a Di,,oll ins units,accessory It) Parinng spaces intended for Comer Store Uses must be located an streets Off- Danitiort Arochad homes on Sep-= sciast parking is discouraged for copmr more and shall require a conditional use Q� lb)litiachoial Service lil parcels shm ng common walls Wit] h Dwelling Units.primary,004 • perrint. Definition Medical wort Lis.and Medical&denial offices of rwilk- • home Featuring an rintrarwe mvm=d houshold per smotwo W directly from a pub]ic sidewalkestablishments with employees with —,Los medical beenscs such as those listed. Indoor veterinary claucs f1rutiori 8 awce from x buildnig to Persons in vehicles liuOuth an outdoor w rvtcc Acupnerac,physical therapy Dc chimpramor • d)D chod sUicilit-Famlly Homes window Definition Adatutted building der Dwelling units.Accessary signed as a residence for one household Mortuary services a 29 L 2 2 3 AFFORDABLE HOUSING REQUIREMENT d) Mkcellarteous Froplstous ' Thu s section contains standard and guidelines to ensuic Met a{fordablc housing.is t) The caondRloos of approval for any project that requires affordable omits shall provided throughout the Specific Plan area,consistent with the City a General Plan specify the following items I Housing Flement j (I) The amber of offordable,units {2) The member of units attach[scone level as defined hY t eCalifornia :I)'"Acgubt1OII - _ .,, t��.�. _SP-,ram L_"-`+ sf'.x Health and Safety Code,and 0) General I (3) A list orally oilier incentives offered by the City This seer ran shall apply to new residential projects thrm(3)or more units in size its) An Affordable Housing Agreement oulluorig all aspects of the affordable housing provisions shall be executed between the applicant and the City and b) Acquirements(or some esker appraprla le Ile} recorded with die Onngc County Recorder's Office prior to issuance of the first building Permit For rental projects,the City Development Agreement I) A lruatimun of 10 percent ofaIt new residential construction shall be affardable shall be used housing units,unless the project is watm the redevelopment pmWel area,in i which cast the equivalent of tS perecnn or RII new residential construction shall III)The Agreement shall specify an aff anu term as specified by Section affordable housing units 230 2�of the Huntington Beaeh'eroriing and Subdivision Ordinance 11) A City Development Agreement shall be required for projects that include iv) All rtaffo the cole nstructiice on in apnmam shall he constricted concur r3c a prowi d rental units prtorro the emisaucnon of the pntnary pro]ecr irneis ualesa atherwne approved through a phasing plan Final approval(occupancy)of the.Ytrst msrkci rate In) For sale units Included n the project shall be made available to moderate residcrinat units shall be contingent upon the completion Rod public ava[lability, m income households as defined by California HeRlib and Safety Code Section of evidence of the applicant's reasonable progress towards attainment of Q5aa93,or a auccessur statute comp letwo,of the affordable units F iv) Developers of residential projects may elect to a fee in lieu of rnvidtn the i A P j Y Pay P 8 v) All affordable units shall be reasonably dispersed throughout flee pmJeet C'a units inn-site ru fultill the requirement of this section as snowed and pursuant unicss otherwise designed through a master plan,$half eonuln an average the 0C to the requiromcn Zoning ts of Section 230 26 of the Huntington Beach and same number of bedrooms as die market rate units in the pm)cct and shall be I i Subdivision drdinaircc comparable with the mirktt robe units in terms Of exterior appearRriec,ma[eriala ar w v) Developers of residential projects may elect to provide the affordable units at and finished quality �+ i an off--site location If affordable units arc off-site,they must be under the fall vi) New affordable units shall be occupied in the fo hawing manner contras a the appbcant,or other approved party and must be located wtthia the (1) If residential rental units art being demolished and the existing tenants) Z Beach Edinger Corridors Specific Plan arm boundary p raeeis the eligibility requirements,hefshe shall be given the right of fast vi) New residential projects shall include canstruchou of an erHirclY new pmJml- refusal to occupy the affordable u mu(s),or or new units added in an existing project Fix purpuscs of determining the f � rcgusrnxd number of affordable housing iuslts only new units shwa be caunied (2) if there.art no qualified tenants or if the qualified tenants}chooses Brat to cYerci3e the Tight of first refusal or If no dcrrialillon of residential rental i c) Off,rim COnstrucdon Ofrtffordubler Unft t units occurs,then qualified househol&or buyers wait be at leafed I) Except as may be required by Califnrn la Government Code Section 65590 or a sucecssor statute developers may provide the required affa si rdabie houng off- d) Price offlff6rdafile Unitssite,at one or several sites,within the City of Huntington Beach in the Beach Affordable housing cast shall be calculated in accordance with the Code Section In Edinger Corridors Specific Plan area 5aa52 5 standards fir ownership units and Code Section 50053 standards for rental {3 11) Off-site, projects may be new construction or Substantial rehabilitation,as volts �t..,., defined bythe Code Scouoo 33413 affo[dabxc housullpiaducnon requirements, sit of existing non-restricted units condruoned upon being restricted to long-taro f) Reduced pees forAfforduble Housing ' affordability "At Risk units identifiled In die Housing Element or mobtic Projcets that exceed Ineluster ary requirements on-site will be eligible for reduced homes may be used to satisfy Ibis rcqulremen[ City fees,pursuant to an Affordable Housing Fee Reduction Ordinance upon. 111) All affordable ofC site housing shall be constructed or rehabilitated prior to adoption by the City Couned G� at concturently with the pinaary project. Final appsoval(accvPRacy)of the Pest market ratesidential units shall heupon the ptetton and g) Zyeiressly Bonus Incerahves ublic.avaiiabrl air evidence of tic p licant's reasonable ogress rowarels i>v atainment of completion or the affordable units Projects[flan meet die affordability provisions of Section 230 14 of the Huntington O Beach Zoning and Subdivision Ordinance for density bonus shall be granted an [�) rncenhve(s)or rnncesnoa(s)pursuant to Steuart 230 44 i .. r as -A t— �D _ l w , , I� I ' I This chapter sets forth definition of certain words or phrases used an this Code to Black Penmetar order to prornotc consistency and unifbrIIlMy in their usage,thereby facilitating the The total W&of die public rights-*f-way along all block fates interprotanON ofthis Plan The meaning and constmcoon of words and plisses as BreeYtw'1p act forth rn this chapter shall apply throughout the Plan unless the the coning#clearly A covered driveway or walkway penetrating a budding to cdtraeM totouityartts, indicates Otherwise Delinibona contained to the citys Municipal Cod*shall be applicable except when tee conflict with defimtwm contained in chip chapter or Parbrig areas,of alleys at the interior or rear of a parcel elsewhere in thus Code,in which case tbu Code's deflmbotis shall prevail Building Accessory Building Any structure having a roof supported by columns of walls for the hoitarng or aaclosue ofpers�s,arumets,chaticls,or property Of any kmd A building or structure which as located on the same lot and eustomanly,mesdcrutal and subordmale to the Primary Building or to the use of land such as a garage Building Composition Amcssory buildings maybe freestanding and are not considered part ofdw Pntrmry Abuilding's spatial arrangement of masses and archunxtural elements in ralaoon W Building Mass when attached to a Primary Budding Typically accessory building mall other end the budding as a whole uses include vehicular parking,storage of lawn and garden equipment,forage Building Disposition of household items,play house or green.house Aoommy buiidmgs may include The placement and orientaban of a budding or bwldmgs on a parcel habitable area such as a home office,reweanon roam,guesthouse,or sleeping i mom(a) Building Envelops rr'i The maximum space a building or buildings may occupy air a parcel re) Accessory Dweftg Uak 00 A separate,detached,compkerg liouseLeeping unit with kitchen,sleeping and full Btdiding Ifdgfit r Bathroom fawlthes,treated on tlic same parcel as a Primary Building butsubardinata The vertical dvmtOf it building measured.in feet and stones.not mclu 1mg a ratted in size basement or a habitable attic Acdve Lhmg Spade. Buddiiag Ornatailon Habitable spacer such asdrumg rooms.living m ms,"bed rooms that accommodate The direction that the prom"buckling facade of a building faces living activities I Building Placement Active living spaces do not include litchens bathrooms, partially submerged The location ofa building on a parcel basements,Or unity spaces Suddiag Volume Ailey Part or all ofa building's three dimensions)bull, A public or private way having an ultunate width ofnat less than 20 feet permamemly Conte:t i reserved prunsinly for vehicular service @cocas to the rear or side of properties physical surroundings,including a combination ofatchitectursl,namml and civic othemme abutting on a street elements that establish a specific district,neighborhood,or blocl,character Alley SeMack Corridor The required inuumum distant from an alleys edge of pevcnierit to any building The combination of ail elements that elwractaise a roadway This consists of all Articulation elements within the public right-of waylsorcet(the vehicular maim I thoramgitc&m The use of archrtectural elements to create'breaks in the horacritaI and vertical and the pedea Lion realm!public frontage)as well as each adjacent property a surfaces or masses of buildings private$ontage i Base Corridor Centers and Segments An area as defined in the Corridors Centers aid Segments;Ma whose urban form Abase treatment is a horizontal arkculatwn of the lower part of a building farad*'s �e P design that serves to establish a human scale for pedestnau users and passers-hy, hag a unique character wnthm the Plan Area The range of Corridors Canters and and aesthetically"ties"a budding to the ground Segments gnus the basic organizing principle for the Alan's Development Code � Black Carradar Ctaters and Segments Mop An aggregate of land including parcels,passages,eras lattas and alleys,bounded The map that designates Coendar Cantaa and Sggmcnts and determines which by streets or railroad rights-of-way An alley does not eottititure the boundary ofa regulations in the Dc%elopment Code apply to each property within the Pion Amu d P $lurk C7 133 , l i Nvelopment Cade Frontage Coverage Zone Open Space[Pobllc&Prlvatc) Primary Entrance The chapter of the Specific Plan containing all Standards. The apace between the mmunum and mexmnmi front yard Lend that may be used far passive or active recseahon There The mandprineipal point of pedestrian access xhto a building Regulations and GundelincS that apply to dowlopmentwithin setback lines and the minimum side yard or side street setback are a wide range of open spa cc types including parks,plazas, configured as a Private Frontage Typc the Plan Area lines yards and outer conflguraooms as defined in the Deveopmenc private Frontage Nealty Frontage lane Code 1)The portirna of a property between the back of Sidewell The numircr of dwelling units within a standard measutc of A property hoc that coincides with the corridor public right Parcel a Aistmhbled Partied the and the primary building Facade along any Street land area,usually given as um is per acre of-way A legally defined area of land under single ownership 2)Portions of all primary but ldnig Facades up to the top of Development Regulations Frontage Type Parking Lot the first or sawed Boor including buildsig entrances,located All Standards and Guidelines contained within this A spectflc aenfigw'a4on ofeIerncnts that dcune how public or Apaved area,usually divided into individual spaces,intended along and oneoiod a sweet or ecnvc open space document prrvate f roataCce may be designed for pang vehielas Physical elemen is af1he Private Frontage include,but are not DrPlrrway Garage Nrklag Structure limited to a building's primary enaranoc treatments,setback A vehicular lame within a parcel usually leading to a garage A building used for vehicular parking with no internal A stria mrcused for parking or vehicles where parking spaces, areas and propeny edge treatments at parking area circulation turning radius,and drive steles air incorporated within the Property DweNliK VsiE Guidelines strucrum An individuallowner's laced, including land improrcmcnts One or more habitable rooms with only one'kitchen,and Pnnciptcs that provide direction regarding the preferred Partially Sub merged Podlu in and any permanent fixtures on the land including buildings, designed for occupancy aA a unit by cans or more persons method of addressing specified design consideraricins A pariang structure built below the main building mass and tress and other fixtures living as A household unit with cammon access to All living, Conformance with guidelines is recommended but riot porn ally submerged underground Property Mae kitchen,and bathrooms areas required PAssa;elpueo The bouttdnry that legally and geometrically demarcates a @arrant Historic Resource Ail at-grade pc6stnan connector passing between buildmlgs, property To be located along at frontage line A building,site or feature tbat is a local,state,or national providing shortcuts through long blacks and conraccung Publet Froatage historic landmark sidcwAlka or fkont yards to rear yards,peMng areas,and The asca betweart a thoroughfare curb face and the heel of i lintrlaee Of Entry open spaces House Scale sidewalk line Physical elements of the Public Frontage A point nFpadepnan access tutu a building y To be roughly equivalent inw size and cos to a detached single Path ioeludc,but a ta cit o 0[limited to the tyke of curb,sidewalk, pp Fa"dc farntly house A pedestrian(or bile)way traversing a park or rural area, planter strip,street tree and streetlight + The exterior wall of a building The front of a building or with landScape matching the contiguous open space any of its sides facing a public way or spaces frequently Human Seale Public purprUgoses s-[if-hay x disttngutshed by its architectural treatment To have the size,height,bulk,massing,or detailing that Plan Aria For purposes of this plan,any area dcdicared At subject to creates a comfortable relationship to humans The land whose boundary includes all the properties that public fee ownership or an casement for public use for Facade composition must adhere to the regulations wittnn this document vchtctelar and/or pedestrian travel tncluding,but not limited The relationship between individual elements of a facade as Meer BuBdinglihes so,streets,alleys,and sides ails they relate to the facades overall design,articulation,and A portion of a building,with distinct,habitable uses located Planalag and Building Director/DeAgnee osganizetion along a property frontage such that it conceals the larger The head oft city's planar n g and building department or other Public Rght_Of-Way Luigi building behind Typically brier uses ate located along tmdwidusl who has the authority to male decisions regarding The;boundary that legally and geometrical ty demarcates the Fapsde Offset parking garages or largo formatfanchor retail buildings the implementation of the regulations within this plan Public Right-Of-Way Ahorizontal or vertical plane break spanning a facade where I Planter$tr1 Public Warren Dt arll3sslgnuec, anc portion of a Facade acts back from another Maim ISntranee, F + •I �i l i p + ' See primary entrarix t I Aa clement of the piiblic frontage,located,>n b�jtweet aloe I I '17i1 head of a city's public woo department or other Floor I sidewalk andthethoroughfarecuah face,whicbacc�ttmodates 4ridwidual who has;that authority to Intake decisionsregarding ]Idulti-Family See awry ` landscaping. mcludrng street trees Planter stops may be the impktncntatron of the regulations within this plat The use oft single building for two or more dwellings Front$Erect continuous or individual Rear yard A street that a building's prtmnry entrance is oriented Munldpai Code Primary Building The area that results from a rear yard setback towards A collection of regulations that guide local government A mat rinat ale butldua on a 1 including ad,iu p g o5 g P g Rear Yard SetbAtk. Front Yard Open Space(Usabls) strictures and excluding acc4 ssory buildings or structures. 'rye distance between a rear property line and any bitddmig The area that results from a front yard setback Any side yard,courtyard,or other open space that is accessed with a primary facade located within the frontage coverage directly by primary entre:icc(s)to housing units or office zone Regulations Franc Yard Setback spaces Outdoor or unenciosed area on the ground or on a Regulations mdade Regulatory Dedfninons The miss And The distance or range of dtstaneca (expressed to both balcony,deck,porch or terrace designed and accessible for Primary Building Fayadc performance measures that define Regulations and esubiuh The ace nncipnl facade of a building that faces a street or minimum and maximum}required d the back-of-sidewalk outdoor living,recreation,pedestrian access or landscaping how Stand ward:apply properties Regulatory Detintnons da to the primary building facade along a street Usable open space does not include parking facilities, °popensp space net vary from one District to attother f 1 raptage Cover r;e dnvev sys,unitty or service areas Frlmary Hulldm;MassRegulations include General Requirements Performance The most prominent portion of the Primary Building's Q The minimum percentage of the length of the frontage treasures that do nor vary from one P3isanet to another P4 coverage zone that shall be occupied by a primary building 3-dimensional bulk 00 fngadc(s) 134 Q} r--i I� r� Ribbon Wktdows Street Windows Rtbbomwiudowgareasesies oflang,.lwrixt rikallypruporuowd The combinatlon of all eiementr within the public right-of- Opcomgs to a building fapude that allow light andlor air into windows taitorrvpted by vertical mullions way the vehicular realm 1 thoroughfare and the pedestrian the building Boor realm Ipublic frontage Zoning Ordinance The top surface that covers a building. Street Type The Zoning Ordinance of the City of Huntington Beach Sees A specific configuration of elements that define how now Activities and,in some instances their strucnirat components streets may be designed that relate to the maHlfemanx and basic functioning St"etscape components ofeach land use iliese activities may include,but The composition and design ofall elements widimthepublic am not limited to,trash grid recycling areas and aboveground nght-of-way the vehicular reahrt I dwoughhtre (paved components ofwar slid dry utilities lanes for vehicles and bicycles,parking larks for ears,and Shopfronl sidewalks or paths for pedestrians)and the amenities of the A specific private fonteige type Shopfroars am the,primary pedestrian realm 1 public frontage[sidewalks,skeet trees and treamrene for ground-level commercial uses,designed for plantings,benches streetlights,*to) active ground floor activities including retail,dmuig,and Suatainability perwriat setvtm Physical oT dtsngn elements that tmptove. trivttori mental performance effleier c and livability to meet the meads Sidewalk The paved area of the public frontage dedicated exclusrVcly of the present without compromising the ability of nature to pedestrian activity Out to meet their own needs' (quotation from the Our Common Future,World Commission on£nviroamenr Stilt setback and Development,UmtcdNations 1981) See Side Yard Setbacl, 'tblidmi Parking r Stile Sirbet An off-street parking arrangement where one vehicle is en t A slice along a comer parcel[has is not a frost street panted behind the other 04 i Side Street Fayade Thoroughfare The faga.de of a building that typically faces a side street The portion of the scrod between curbs that includes all s�s�r-si Side Vard vehicuar lanes,including travel lanes,turn lanes,parking The area that results from a side yard setback lanes Side VAN Setback ThNobaute The distance between a stile property tine and any sttuature A home that is attached to one or more other hmuses,and requiring a building permit which site directly on a parcel of land that is mined by the owner of the house sign Any medium for visual communications,which is used or Urban Design Concept intended to be used to attract stientttin. The district shucnuc which serves as the conceptual basis for the regulations contained in Dock 11 Sigoidcamt An important part or area,or a large quantity use(as a verb) To occupy land or water in any manner or to establish,carry Significant Additions muk maimram or coatmos any activity or development on land Adds boris greater than 15%of the;bud dings floor araa or in watrsregardlessofwhether the activity or development is Single-Famlty established tamed out,maMiained or continued to a manna The a single budding for one dwelling that uti bus busldi rigs or structures on land or to water 1 Stsndnrda Nall Cladding t All required development specifications(such as permitted 71a exposed materials of a fNade that primary walla,base land use types building height dimensions, and setback wall accent,tnm,and other articulation elements are made of dimenssons)that vary from one Disinct to another or covered with C� Story 4Hadow Walt Ahabttable level within a building as measured from finished A wall entirely designed with windows usually from floor � floor to finished ceiling Attics and rarced basements are not to floor considered stones far the purposes of determining building height 135 L I I f I _ I z I EXHIBI`r NO. 14 _ Item 12. - 70 xB -836- f - - 240 06 Fees and Deposits 9/11`/15, 11 47 AM kr�E t°i� iaF? 5eadh r are =�S .a- Y ra as NEGxt VmC G 'ri nt No 7"'rw eS ZONING CODE Title 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS r 240.06 Fees and Dep®sits -- --- All persons submitting applications for any permits, certificates, development agreements,map approvals„or zoning map or text amendments, or any other approvals as required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and charges. View the mobile version. i 4 l i 1 r http//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code HB -8J,,7- ]6&frames=on Item 12. — 71 EXHIBIT NO. 15 Item 12. - 72 xB -838- t t I i r - M f r f t 4 1 f EXHIBIT NO. 16 xB -839- Item 12. - 73 ;i CITY OF HUNTINGTON BEACH i M&fAu a�,WM OFFICE OF x ��, aspdre i� rev , I� ATT t t r ORNEY Nial y�y ree� II 2000 main shut Sr i0m FzW Nfichael E. Gates Tcicphow, (T14)536.5555 D"fei IL Ohl City t'tttors�ey ><e� CM)374-150 ��.�r r Mar&30,2015 Bwfin ss 14censitng ; City of Husstington Beach 2000Nun SL Huntington Beach, CA 92648 � tte: ilr ica;l Msiijusna DLT=Uries hohlbited i Dear Businm LicMS4: M p utm D�.ies are not a.mod cxos�zerctiai,ret or other As you knew,Medictd ari] ; 1 use in Huntingtoa Beach. The H�m Brwh 7_rm�and Subdmsioan Ordin2� (HBO.)d6w ; not recognize#laese dispensaries as licit or legal retail or commercial blsshments,and the Fla m y , and BW dWg Director bas consistently made the same dene�issatianY I of d' pies. la 2007, the City In 2005, the City enacted a tnoratosiusn an these tspan F uans Di aries as a p..^rmittsd(non-pro#St, Cauncil amended the H8_So to elimhratt M. c d Ma 4 spens `! commel ial, or of rwise) use within the �5'• Acroadin y, sin=2f'07,Mcc�+�aI far-profit, retail, hibitAd U 1;is ensares bave not beea listed as a P=3it�use in the Cyr and are thereby pro 11 in any xor district in the City. ! l j Moreover, on March 2, 2015, the City Council voted to have an Ordinance aruendn t prepared that adds exprwAY articulated language to the t✓ity's Code(HB2;SO)that Medical Marijuana DLV=wAes are prohibited,period. This recent C0=11 directive for an� am�t clues dish rohibitiosa against Medical Marijuana.Dispensaries, it just mdtes not cb the City,s lozgst m g p the law olearer. i 1 4 v 1 Item 12. - 74 HB -840- r I I' -Mwch 30,2015 Page 2 f 4 S - C 2t r Corn`ts have consist tly affnmed the City of Huuttmian Beach's position. In rem months, no*war than three Medical Mifijunna Dispensaries bane bem shut down. In on p'fiday, ; 77, 2415, the Orango Comty er W Court grid lfunfinoton De=W s request for a Ptdknh*Y Injunction mist a l z&cal Mxfjuana Dispensary. it is not pitted to operate ir}_Hta i oon t ti i d Bwach. 1 L � 3 � � 1 i Based upon the foregoing prohibitive policy and legal au6orities on this topic in the My, y Business License applicant who welts a on Bewt Bumnw law= to oi=Wd opeza a i ✓�4 1 W lytiadju= awry will not be provided an application, r r wlll the applicant pay appacatign fea. Tbe person M04gg a Business 140=4 will not be provided an application k tder f�i� motion n 1 h M nicipil Code on 5M.36D, no ijewse droll be issued to , fading To present all appropriate or who has famed to comply with say other provi�itsn s of City Codas. 1 1 An weropt to apply for a Business Liege in iigfTt of the foregoing prohibition Medical mwjua� Jxspe r es is futile. However, at=ding to IMZSO n 207-09 Rules boa` ' i i Irxerpr et don, my applicant has the right to appeal an inUzpreWo-a of tills probibitian to the pl&n .g Conrtuissi as provi&d in Tittle 24 of the FIMM If arty applicent has any question about do C WS lsws an&Or policy on d"A fir,plem a* the agplicant to write to My Ofrit e. I will prOvide a cerilten resgo=to the applicant after receipt of a wri€ten request. -- — t [ I t Tbank you asaia ur coope tion, _ r - p F a i b $E. t 8 I { e - City Attorney City ofIfuntingtnn B=h a I - t + t 1 - T 3 , s HB -841- Item 12. - 75 Y C i - i EXHIBIT NO. 17 Item 12. - 76 HB -842- - 1 MICHAEL E GATES, City Attorney SB 258446 DANIEL K. OHL,Deputy City Attorney SB 109372 2 Box 190,2000 Main Street Huntington Beach, CA 92648 3 (714) 536-5555 FAX (714)374-1590 4 Exempt from filing fees pursuant to. Government Code §6103 5 Attorneys for City of Huntington Beach t 6 - 7 , 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER r f 10 i CITY OF HUNTINGTON BEACH AND ) CASE NO 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) } DECLARATION OF SCOTT HESS IN 12 Plaintiffs, } SUPPORT OF PLAINTIFF'S EX PARTE 13 ) APPLICATION FOR ORDER TO SHOW vs } CAUSE RE PRELR\11NARY INJUNCTION, 14 ) AND TEMPORARY RESTRAINING DANIEL GARFIELD RICHMOND, 15 )) ORDER i HUNTINGTON BEACH CARE GIVERS, 16 AND DOES 1 THROUGH 50, INCLUSIVE, [Filed or lodged concurrently with 1 Request for Judicial Notice 17 Defendants. 2 Memorandum of Points and Authorifres; 3. Declaration of Richard Massi 18 4. Declaration of Al Brady 19 } 5 Declaration of Scott Hess 20 3 6. Declaration of Jun Slobojan 7 Declaration of Daniel K. Ohl 8 [Proposed Order] 21 22 ) DATE. January 14,2015 TIIvIE- 1.30 p m 23 ) DEPT: C-10 24 JUDGE. Honorable Linda S.Marks - 25 I, Scott Hess, declare: 26 1 am a competent adult over the age of 18 and have personal knowledge of the following. 27 facts which I could and would testify to if called as a witness. I make this declaration in suppork 28 14-4302/115573 1 DECLARATION OF SCOTT HES S IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 4 HB -8433- Item 12. - 77 I of Plaintiff's Ex Parte Application for Temporary Restraining-Order and Order to Show Cause re'- 2 Preliminary Injunction 3 1 am currently employed with the City of Huntington Beach and have been continuously. 4 employed with the City for thirty years. I am currently the Director of the Planning and Buildinj 5 Department and I have been the Director of Planning for six years. The Code Enforcement - 6 Division is under my supervision and has been for six years. I am familiar with the City's land =- 7 use zoning districts,use classifications,the Zoning and Subdivision Ordinance and the r 8 requirements for zoning approval in any zoning district. I am also aware that a business must have 9 a business license to operate in the City 10 The City's Zoning and Subdivision Ordinance is comprised of Titles 20-25,with each title 11 containing several chapters and each chapter containing several code sections The Zoning and 12 Subdivision Ordinance is permissive in that it lists the uses which are permitted. Chapter 205 13 entitled Use Classifications, sets forth which uses are permitted. It lists uses under Residential, 14 Section 204 06,Public and Semi-public, Section 204 08, Commercial,Section 204,10,Industrial 15 Section 204 12,Accessory, Section 204.14,and Temporary, Section 20416,use classifications 16 The use classifications describe and group uses having similar characteristics,but do not list every 17 use or_actnvity that may be within the classification. I, as Director,have authority,pursuant to is Section 204 02,to determine whether a specific use is within one or more use classifications, or 19 not within any classification. I,as Director,have authority to determine that a specific use is not 20 within a classification if its characteristics are substantially different than those typical of uses 21 within the classification. The decision I make may be appealed to the Planning Commission, 22 The operation of a medical marijuana dispensary is not a permitted or allowed use as it is 23 not mentioned in any of the use classifications Every medical marijuana dispensary that has 24 _inquired or sought approval to operate has been told they cannot,as it is not a permitted use It is 25 a use which is substantially different than other uses in the classification. No appeal has been 26 made to the Planning Commission regarding my decision. Each use of a site must get zoning 27 21 14-43021115573 2 1 DECLARATION OF SCOTT BESS IN SUPPORT OF PLAINTIFF'S EX PARTS APPLICATION FOR ORDER TO SHOW CAUSE RE PRELE\41NARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 12. - 78 HB -844- - --1 approval prior to the issuance of different types of permits, certificates of occupancy,business ' r_ � 2 licenses or utility service conneetio in Sectio 2 3 I declare under penalty of perjury under the laws of the State of Califorma that the 4 foregoing is true and correct 5 Executed this 4�day Of 2015 at Himtington Beach,California a r 6 - 7 Scott ess 8 I 9 _ r , 10 12 13 I 14 15 16 I 17 18 19 20 21 -- _ r 22 -- i 23 24 - a 25 26 ' t 27 2B 14-4302/115573 3 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER HB -845- Item 12. - 79 PROOF OF SERVICE OF PAPERS 2 STATE OF CALIFORNIA ) ) ss 3 COUNTY OF ORANGE ) 4 1 4 I am employed in the County of Orange,State of California I am over the age of 18 andi 5 business address is 2000 Main Street,Huntington Beach,CA not a party to the within action; my r 6 7 92648. On ���/�.� ,I served the foregoing document(s)described as: 8 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTS 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMP ORARY RESTRAINING ORDER 10 on the interested parties in tits action by placing a true copy thereof in a sealed envelope 1 addressed as follows 12 BY HAND DELIVERY Huntington Beach Care Givers 13 17416 Beach Blvd Huntington Beach, CA 92649 14 (714) 475-5502 _ i5 Cristian Peirano,Esq VIA email to clp@peiranolaw.com 16 Peirano&Associates,Inc 1666 N Main Street,Suite 350 17 Santa Ana, CA 92701 18 clp@peimnolaw.com 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed on /// l S ,at Huntington Beach,California. 22 c 23 oan Naideth 24 25 26 27 14-4302/115573 26 ' DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EXPARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELMNARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 12. - 80 HB -846- r r t 6 t 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER I 3 - - - r - 4 CITY OF HUNTINGTON BEACH and ) t PEOPLE OF THE STATE OF ) - 5 CALIFORNIA, ) 6 Plaintiff, ) 7 VS. ) Case No. 30-2014-00745511 T 8 DANIEL GARFIELD RICHMOND, ) ' HUNTINGTON BEACH CARE GIVERS, ) r r 9 and DOES 1 through 50, Inclusive, 10 ) �. Defendants. ) 11 ) 12 t 13 14 15 DEPOSITION OF r 16 SCOTT HESS 17 SANTA ANA, CALIFORNIA 18 FEBRUARY 23, 2015 ! 19 i 20 21 REPORTED BY PATRICIA A. PAGANO, CSR. 8406 22 23 24 25 t I r 1 c xB -847- Item 12. - 81 1 to the zoning code open for the public to come and look at, F 2 correct9 t 3 A, Yes. r 4 Q. All policy decisions -- 5 A. Correct 6 Q. -- is that correct'' _ 7 A. Yes ` g Q. Okay. Very good. MR. FUJII: I've got to make a phone call. I got a 9 - 10 text. Can I ]ust take a short break9 11 MR. PEIRANO. Sure. Let's go off the record. ' 12 (Recess.) 13 (Record read.) 14 MR PEIRANO Let's go back on the record F 15 BY MR. PEIRANO: i 16 Q. Have you issued any policy decisions with respect 17 to medical mari]uana at all? 8 A No. You know what? Would you mind rephrasing the 19 question? 20 Q I'll ask you another question i 21 A Okay 22 Q. Did you feel the question was unfair? 23 A No. 24 Q Did you feel it was incomplete9 25 A Yes. r t 39 Item 12. - 82 HB -848- I i 1 Q. Okay. What would I have needed to do to make it a ; 2 more complete question for you? 3 A. Written policy or verbal? 4 Q. Well, before I -- before I ask you that, I read 5 over the zoning ordinances and specifically with policy 6 decisions. 7 A. Uh-huh _ 8 Q. They're supposed to be available to the public to 9 be read, so I don't contemplate that they would be verbal F 10 policy decisions, correct? 11 A. That's correct. 12 Q. Because that wouldn't be fair to the public to try 13 to figure out? 14 A Correct. i 15 Q. The point of the policy decisions and keeping them 16 in writing is so there can be some consistency. i 17 Isn't that correct? 18 A Yes . 19 MR FUJII: Vague and ambiguous -- ob3ection Vague and j 20 ambiguous to the term "policy decisions" if, in fact, that 21 is not the term specifically used in the code. 22 MR. PEIRANO• Well, you're the attorney for the City of t 23 Huntington Beach. You know whether or not policy decisions 24 defined within the zoning ordinance. I'm going to tell you 25 what it is Do you want to know that? 40 xB -849- Item 12. - 83 1 MR FUJII I don't know -- Dust vague, ambiguous as to 2 that term. If you understand that term, that's fine. 3 BY MR. PEIRANO q Q. Are policy decisions defined in the ordinance code? ; 5 A. Yes. 6 Q. Very good. 7 And when I asked you the questions earlier today 8 about policy decisions, you understood me to be asking you 9 about those policy decisions as they're provided for in the t 10 zoning code, correct? 11 A. Yes. 12 Q Okay. Very good. 13 MR FUJII• Earlier you said "ordinance code Do you 14 mean zoning code? r 15 MR PEIRANO Uh-huh I did. , 16 MR FUJII- Okay 17 BY MR PEIRANO: 18 Q And I apologize. I'm not a zoning attorney or a 19 specialist in that area I imagine that if I get something 20 wrong, instead of you adopting my statement and continuing 21 wrong, you'll probably end up correcting me and letting me j 22 - - know that I'm mistaken, so -- you don't have to do that, ; 23 but, in all fairness, so we can have a good discussion, I 24 would expect you to do that, correct? 25 MR FUJII. You don't have to answer that 41 Item 12. - 84 xB -850- i t r r EXHIBIT NO. 18 HB -851- Item 12. - 85 I 1 BOUT BUSINESS LICENSES... s . � . �► - � - ' • elcome to the City of Huntington Beach business - mmunity This information guide-is-intended as a -. you can obtain an application from City Hall, or - Certificate of occupancy — required by t mmary of information you will need to know in download one from our website at Planning and Building Dept for businesses it Jer to operate a business in Huntington Beach www huntin tonbeachca ov Look under the commercial or industrial location Call (71 tis guide is provided as a public service It is not Finance Dept for Business License Complete the 536-5271 or pick up an application from C -inclusive and any specific questions should 4) application and bring it to City Mall on the 1 floor, Hall ected to the Business License Division at (714) 2000 Main Street or mail it to Business License, 6-5267 Clarification and definition can also be p O Box 190, Huntington Beach, CA 92648 if you Ar Fictitious Name (dba) — must be filed if y and in the Huntington Beach Municipal Code, choose a business name that does not inclu le City of Huntington Beach business are in a commercial location in the city, you may your own last name Contact the Cour need to fill out an application for a Certificate of ense is not a re u ata licen e b Occupancy for the Planning and Building Clerk's office Ca {714} 834-2889, 90 online Ray r e public safe needs of the people Department, who can be reached at (714) 536- HuntingtonCal Beac 5271 local newspaper office ,/4, special Permits—required by the Police DE • ' ' for certain types of business activities. Sor pawnbroke ie City of Huntington Beach Municipal Code The business license cost Is based on a #lot tax examples nding irrraas message, e t riot me quires most businesses operating in Huntington plus additional amounts if there are more than 3 psychic ,Bch to pay an annual business license tax employees, more than 1 business vehicle or coin and bingo Call (714) 536-52fi7 or the information iciness Licenses are not transferable between operated machines Atypical business license /I Seller's t at(Permit (fie ale #)) 536-5991 for -require irredat�t iners; however, they may be transferred to a new starts at$75 plus a non-refundable rocessin fee, State Board of Equalization if yo+ 003 ;ateon upon notification to Business License and $41 60 Additional amounts added are as follows proval by the City Planning and Building Additional Employees 4- 12 $4 00 each merchandise Call (949} 440-3473 c ri apartment All businesses, trades, professions, 13_52 $3 00 each 'n b1e ca ov Ilings, or occupations operating in the City need >52 $2 00 each A, Health permit •- required for food handler Business License These include but are not permanent make-up, tattooing or bo iited to Additional vehicles Under 1 ton $35 00 00 each each p1ercing Contact 0 C Environmental Health 1 to 3 tons $35 (714)433-6000 Any business in a commercial or industrial Over 3 tons- $46 00 each A- Federal Tax I required if you he location. Horne-based businesses are required to pay a one- employees, are Incorporated, or have Persons who have a home office or use their time fee of$2 00 for a Home Occupation Permit, in registered partnership Call (800) 829-1040 home as the'headquarters of their business addition to their license visit www ere ov Businesses, which are located outside the city, Some business licenses are calculated differently /I Worker's Compensation Insurance but transact business in the city such as apartment rental, hotels, carnivals, special events, fequired if you have employees Contact yc contractors, cleaners, repair people, gardening vending machines, out of town contractors, pool local insurance agent, state fund or vi services,fumigators,telemarketers etc halls) Call(714)536-5267 for these licenses der-ca ovlworkers' coin htmf Independent contractors such as doctors, Ay Liquor License— required by the State De real estate brokers, hairdressers, janitorial contractors, and home party demonstrators . . . � •- � � ` � ' • • of Alcoholic Beverage Contra! if you sell serve alcohol Contact(714) 558-410111.0 --vi Apartment owners of three or more units A business license may be issued at City Mall a m abc ca ov 00 ou wait Your app Ic a complete and Mobile Vendors who sell merchandise from �Y you their vehicles, such as gourmet food trucks and include all n cessairy in documents Permit shaI t ving a Planning nand s Building Deptquirfc N :or ice cream trucks to bring the 9 businesses such as a one-day or Huntington Beach location, Health Permit, businesses such as five entertainme '""' ac Temporary Certificate of occupancy or receipt Your schools, Internet cafes, or alcohol so weekend event in the city, or a short-term application may also be mailed to City Hall Be sure (714} 536-5271 00 How to Obtain hat if I Don't Obtain a License? 10 How To Do Business in the City of Huntington W - .i rnductjng-bUS SS-An.th.e.city.yylZouLa license ° , --136ach --a-gaidw to-Ecar'TC5rnl MVeit5Pp"h'i€rit - usi�nesv tcen e Ei n result in penalties. Notices of Violations, and tyw v hunting#onbeachca aovddepartment_s1ED +� Iministrative Citations It is a misdemeanor to in )late the City Business License ordinances 191 Huntington Beach Small Business Assistance Center located at the Huntington Beach 5 I Need to Display My Business License? Chamber of Commerce 2134 Main Street untin%ton Beach ts, all business licenses must be posted in public #100, Huntington Beach (714)536-8888 :w at the fixed Ilocation of the business For !&I U S Small Business Administration — provides )se businessesi without a fixed location, the financial assistance programs, guide to }ponsible party must carry the business license resources and workshops (714) 550-7420 or p th them while conducting business in Huntington Www sba qov 1 �:. ,, ,f:,,b•' each S C O.R E Service , Corps of Retired )w Often Do I Need to Henew It? Executives- Workshops and counselors for isiness licenses are renewed annually A small businesses Call (714) 550-7369 or visit «. urtesy notice is mailed 3 weeks before the due www score114 or te. l lowever you are responsible for renewing Y p i�i California Permit Assistance Center ur license whether or not the renewal notice is information on local, state & federal permits -eived If the payment is received more than 30 www ealgc}1d caqov ys }oast the due date, a 10% per month penalty is — f arged Notices of Violation and Administrative al Small Business Corner - helpful information Cations may also be issued about taxes from the IRS www irS qoy_ m Moving to a New Location In the City: +�I Small Business Development Center - City of Huntington Beak Base notify us of your new address, phone provides help to small businesses through i Busines's License l mbe'r,' and any other changes to your business 1-on-1 counseling,i workshops)and education I ter compliance with any applicable City seminars Cali (714i) 564I15200; or visit gQ Main Street juirements, your business license may be www ocsbdc corn. insferred to the new location for a small fee If 1s' Hoar u are moving to a new commercial location, you , , . . MR - . - salji . - I need to apply for a new Certificate of Huntington Beech ;cupancy Better Business Bureau (714) 985-8915 CA 9264$ hat If 1 Stop Doing Business or Move Away? Building Permits (714) 536-5241 t Us know in writing if you want your license Chamber of Commerce (714) 536-8888 ncelled. No refunds are given when the Community Services Dept.. (714) 536-5486 Phone: (714) 536-567 siness ceases 800 Consumer Affairs Dept ( ) 952-5210 Fax: 714 536-5934 in I Transfer My License to Someone Rise? Contractors State License Board (800)321-2752 isiness Licenses are not transferable from one Employment Development Dept. (888)745-38B6 Hours: 8:00 am — 5:00 pm ►ner to another The new fawner mast apply for a (800) 852-5711 Monday to Friday s3ness license in their name Franchise Tax,Board here Do I find You? Office of Secretary of State (916) 653-3794 b ryi iilotonboaChca-9ay /'� 536-5271 e are located at 20010 Main St on the corner of Sign Permits (714) irktown and Main, in the Civic Center on the',1at State Compensation Ins Fund (714) 565-5000 business license surfcity-Worg- or Enter the main Administration Building' and Zoning Department - (714)536-6271 1^-@ fh,=rorinc to thsa RiirinPSS I icense counter } 1 } f t r t 1 } � k _ - _ f EXHIBIT NO. 19 Item 12. - 88 xs -854- :i ofHiu�tingtonBeaeh,California-Permit Center-Certificate of Occu . httP:Ilwww hmdngtonbeachca.govlgovernment/departmZfbinlding-safe %laoTS ftdtD4 � s It gw $, iObi l�eprn7?f _ .p a rnfarre►a$nn MfosE� 6odFarms '*,y�.�. te4#S�sn,�noy� , au7-t'rb�txbgec � - PetmYApATtea aYufisfit #SIt�Sy�iic - Ne�iBu�iess�CatExtf fi�t�rt3o-t � �fie9ta#rft�'.c�� � a�;itiese�o�o� =i -- pIa �odiCotnVtfadt�ti i - :� A- etfib caie,rt€O ,�� -or-pp� ea reQf i 'raa��ac� �:-iM,o�►e�ds#���'�c���7��upa►scq? s ,� - �ua�=��+6ura: ' ��?taz�ari��•��3 x piattntt�to;cscupx a)aex9sfm E1tId<tfgai 'Ntatf Q:'tht3�y�cio"tx�+i at�etttticate of pc�aias�t`? A It p,c.cTR(f]4�#Ft�bu sswr�rie[ Aq 6eiQclri sate uf� c° Spf3tkc�b4I1, tt�s�'�,y_o�DiXt'�tn�c�a[�the�afe?tjc� is'��ti0 vPslt y�u�ra>+�ty- f {t3uild�ni�i7od'�:(4cfn� "' �pcir�}taavbtd�ex��' A ApPh't t lore i ng de c ►nPtia E 7tis a rsrx e,apj�roats[ v ides, aridctltrrrcfd>;���b�:deficie�fss��ter������-ti5�i'-6r�efi�Yir1v�v�ct. Gosh' t servic' trici s vplfh bt 9 fa-?z Ylz -0f 8fxi�salic�!`-��-'�bv'rRlf}'tkieF��'3 T�ProCe�s�lh8rta�st�h��CtedRR�' fQr-cuderxzrreeUP,c�, VVa A%kseatth the Apravad plait nticl{ fui[t�itsta o� hsa ad© pe 7m alp►►zspe>;jiti#3_ar 9N+n ' R11o_Ont adst��i�rl tt t - a f+r�'�ngs- sY 1�fiS? thts�f°ce5�s�ti;`ap IiE`LSE'F�[Etll��{��i9nETI�d)st- fEiYJotr,33�1� gpc.e Cd waf.Ut pen TO, EXa171p ?r�7>GOIrY [�} aw �No�p.�=Ytteci�1°�?nu�otut�9�`- 'uce� ��1omp�rriite<ftenant�rrprovemer,EvrocKvxdrbc�kG�s.{adr�taRof-aaiddionatatr�ct*���3 , t Hc�iredtiint�ctg'ar�cltoCasso�tat�7't�em�s'vthets�'wPctc,�as'in�i�d s R Meohan,ceE,elecfrlcalaadp�u SaoFfc#fiuttlscjSNrss POFAS and rlstings i #pilft j-ofbuil3;uigsperoccupancysta,-irli , �pd�acenfbuldhtgsotur�lsirss.acidfokoocupancy�`pe i � �orhp�rr►'tfedc�ukalt�angeslotheseniceorsub-panelsanadism�uaotr �,dhaF�ges�n babpar_"cy C7ass14ca�iors batD 4:p Q:steps tv Acquire A'GerVrlcs4-te of OccupartcY? 4/13/2015 124 PM 1 of xB -855- Item 12. - 89 v/ vernment/,iepartments/btulding__safe. ty of Huntington Beach,Californ t ia-Per" Center-Certificate of Occa http//wwa'huntFngtonbeachca go go t C I Went� osknpyfrF9 K�O6nslractTr+it Looatiori Qcrtrp�+in or`FFeeFis-a*tenant j �ysitt+Strltn� � 'troP�emer'•k ;i _ cep fisfE106r, �RPr� iota # aPR{icalttroolla7.e:orllwK i} tuZvg�+_APt9 = F �luntit�on�e�cit Beaelti 8psrFesS tiCBt:= F {' i BtSirleSS 1-tGe['F$e• ,F, ; - `�,bract the.fio�IQlNiCK; i i , $tbp- 2s01aoFstetjaii4it?b -'L-- — -- 2_ r~d FToDt� F1st53he i'im$ce"t ` i; — -- 4 � plaram� SttbrtaGan - - �orrevew�iara�t�Y..�l? �. ;° - -- - I ic&tt!& ��$FtesrptF�o7�� { I,tt t tale ?t + PtaFst, i � ,�FlF!��',rtealaht:e. sti"r � »�nce. P6rti>ic4. Rntarnirs } 4 etir`su`tx-fetfa7�Pp���1 ;, ' ` - ---"- - • 'P�t�w`l�#�sievtewfot'sftF �? Step k ` rd`tI'lao.� A PPboafi acl f vl�rft, rge{u tit rFa tf¢' t {„ ;j 3 1 $11�""�, CESGit �n' Clfi5,�yilsiiPR� T _ _ j tics 1par, _ FtteJ(tLehts, ees tiokctgd ¢ u13d atFif sbFnlrling +?i Fs'lsso • _ —....___---=- ---- 5 R !!ri'Sit��IFl> ' - uaff i I ,�telr i 1sfra � f'lnai-Fxpp�'va(�f' �, �t,�protraiof`�?p�cairon �t E g i�tte�tre� .ppppfi'�itiott i, i �ttiiFcate of Ga�"�'Ii3�e i 5tep' Ma!W Certfie2t¢of t�a9igdt ,yoFrnpo �oFt iekfortof ° - all 8o'nstr'gF��ort�&�natiroh �, 6=4ncx app b)at 1 I tt: VY f is ttie Oast of ize!-J� of Occ a2 Y? { ; _ R;,FCC 8re=133��On '��-��� f��` y� 1RfliCti lS pa�f CiJr(e11� . Tura W rio addrtionalt'a,. df� rtlficate of t7, wr„l> eY atefFrPcidnJ�erfifi �e of 15eflt�d CoTt5 ?Arc�1Qc8�iR should`!tFaded;i�tot`to��`�a 'aico€ts4'�o?t"'AprqvTitroust:►�e[ T $on' anager usf 1ve d pr�?rto the{ssuar;cef _-- _ CCOUPMCY m tia<.ltts} ansi a rn- P� - rary GeTdficate of bc�ujxmeY. bs * W Whet sio we coact tdr 3utir:9 aTzrtifi�ate Of -41pancy instx7 � pvtior,,r a � vbn R A ertficate of'OPWO�CY Tm frrMrespecTw etanritTovem `bdinsO ,QfOMgjjonzeeCeTJ rfi c to ' of OocupMy,tnepe0PT'S, traoicP tO i foriR� ' 4/13/2015 1-,24 PM Item 12. - 90 HB -856- filar. 4. 2015 4:59FM Cat ATTORNEY rl No. 1 692 p 7 GT� 3ACHcm OF MUNIUllavqWU « ns;A=c3�WnUMrn 40 C�� ATTOPMY A�My�� N�atAloolri PA.1w 190 SLDagaa9Ci4r 2MMI*sty s tFn3ii 1tfiC A Tckp (714)x36-6533T tR.ata F (1I4)574-19A DWWCaAftwW VIA EMAIL to c �vv com Mardi 4,2A1S - . Gr,Stia�n I.� .�1- p�10 Sc,�►ssbciat+es,Imo- . 1666 �LM&St:vck sWtt 350 Santa An%CA 92701 Re: City of g'wrcgton Beach'P Daniel am*ld Richmond OCSC No.745511 near Mr. sp t:Peaeno: �viA our cpnversal oa toan Such all=ft ate��g of the sII Eons This h 12 a the cotday O e�a�tions�misW ally Wuded. ooz, in p As such.Ibane agreed to$ttau dmeallepfians firm*e I,.&you for yaw muwsy on*is issue. Very truly yowx O­0 1jv d A Deputy W xB -857- Item 12. - 91 t EXHIBIT NO. 21 Item 12. - 92 HB -858- 1 MICHAEL E. GATES,City Attorney SB 258446 DANIEL K OHL, Deputy City Attorney SB 109372 2 Box 190,2000 Main Street Huntington Beach,-CA 92648 3 (714) 536-5555 FAX(714)374-1590 4 Exempt from filing fees pursuant to Government Code§6103 5 Attorneys for City of Huntington Beach 6 7 r a SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO, 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) DECLARATION OF JIM SLOB OJAN IN 12 Plaintiffs, SUPPORT OF PLAINTIFF'S EX PARTE 13 APPLICATION FOR ORDER TO SHOW VS. CAUSE RE PRELIMINARY INJUNCTION 14 ) AND TEMPORARY RESTRAINING DANIEL GARFIELD RICHMOND, ) ORDER 15 HUNTINGTON BEACH CARE GIVERS, ) 16 AND DOES 1 THROUGH 50,INCLUSIVE, ) [Filed or lodged concurrently with 1. Request for Judicial Notice 17 Defendants ) 2 Memorandum of Points and Authonties 3. Declaration of Richard Massi 18 ) 4. Declaration of Al Brady 19 5 Declaration of Scott Hess 6. Declaration of Jim Slobojan 20 7. Declaration of Daniel K Ohl 21 ) 8. [Proposed Order] 22 ) DATE. January 14,2015 ; TIME 1:30 p m. 23 ) DEPT. C-10 JUDGE. Honorable Lmda S Marks 24 25 1,Jim Slobojan, declare. 26 I am a competent adult over the age of 18 and have personal knowledge of the following 27 fasts which I could and would testify to if called as a witness I make this declaration m suppori 28 144302/115578 1 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 1413 -859- Item 12. - 93 i of Plaintiff s Ex Parte Application for Temporary Restraining Order-and Order to Show Cause re: 2 Preliminary Injunction. 3 I am currently employed with the City of Huntington Beach in the Finance Department. I 4 have been continuously employed by the City since November 1999 I have been in the Finance t 5 Department since February 2006,and have been a supervisor for the Business License Divisions 6 since November 1999. I am the Fiscal Services Manager and supervise the Business License - i 7 Division. One of my j ob duties is that I am the City Business Tax Collector and in that capacity I - a maintain and have access to the files for business tax certificates and/or business license for all, 9 businesses operating within the City. A business tax and a business license are the same thing. 10 Every business that operates within the City must maintain a business tax certificate or, ii business license,pursuant to Huntington Beach Municipal Code Section 5.08 010. A business tha 12 wishes to conduct business within the City must obtain a business tax certificate by filling out an 13 application and paying a required fee. A business may not operate in any manner without a 14 business tax certificate or business license I am the custodian of the records for business tax 15 certificates or business licenses within the City. I keep the original application on file at the City, —— -—16— organized by number,and I am able to search our database by address. _,17 I have personally_searched the Cnty's records for the property located at 17416 Beach a ' 18 Blvd., in the City of Huntington Beach and the business known as Huntington Beach Care Givers 19 Based upon my review of those records and my own knowledge, I know that the City has not 20 issued a business license for a medical marijuana dispensary currently operating at the property, 21 The City has not issued a business license for any medical marijuana dispensary in the City. C 22 If a person or business claims they are a non-profit business and applies for a non-profit 23 business license,the City would require the submission of appropriate paperwork to document 24 their non-profit status The City, on the advice of the Internal Revenue Service,would also _ 25 independently verify their non-profit status through the use of www agndestar or Unless 26 properly verified,the City would not issue a non-profit business license 27 28 14-4302 I15578 2 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIM NARY INJUNCTION AND TEMPORARY RESTP- INING ORDER Item 12. - 94 Hs -s6o- I- _ I searched the www.guidestar.org site to verify an approved non-profit status for j 2 Huntington Beach Care Givers. No such business was listed as a non-profit status. ; I 3 4 I declare under penalty of pMury under the laws of the State of California that the 5 foregoing is true and correct -6 Executed this day of ,2015 at Huntington Beach, California.-- JunSl ojau - - - --- 10 11 I 12 - -- -- 13 t 14 I 15 i 16 - - 17 I 18 1 19 t 20 21 - - 22 23 24 25 26 } 27 28 144302/115578 3 - DECLARATION OF JLM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELRA NARY INJUNCTION AND TEMPORARY RESTRAINING ORDER HB -861- Item 12. - 95 PROOF OF SERVICE OF PAPERS 2 STATE OF CALIFORNIA ) ) ss 3 COUNTY OF ORANGE ) 4 I am employed in the County of Orange, State of California I am over the age of 18 and 5 not a party to the within action;my business address is 2000 Main Street,Huntington Beach, CA 6 - - - - i 92648 7 On ,I served the foregoing document(s)described as: DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTS 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 10 11 on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows. 12 Huntington Beach Care Givers BY HAND DELIVERY 13 17416 Beach Blvd, 14 Huntington Beach, CA 92649 (714) 475-5502 15 Cnstian Peirano,Esq VIA email to clp@peiranolaw com 16 Peirano&Associates,Inc. 17 1666 N. Main Street, Suite 350 Santa Ana, CA 92701 18 clp@peiranolaw com 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct 21 Executed on f ) at Huntington Beach, California 22 23 Joan Naideth 24 25 26 27 14-4302/115569 28 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE _ - APPLICATION FOR ORDER TO SHOW CAUSE RE PRELB41NARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 12. - 96 HB -862- t 1 r r i i EXHIBIT NO. 22 HB -863- Item 12. - 97 t EXHIBIT NO. 23 -- Item 12. - 98 KB -864- r EXHIBIT NO. 24 HB -865- Item 12. - 99 SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER CITY OF HUNTINGTON BEACH AND ) PEOPLE OF THE STATE OF CALIFORNIA, ) Plaintiffs, ) ' Vs. ) Case No. 30-2014-00745511— DANIEL GARFIELD RICHMOND, ) CU—MC—CJC HUNTINGTON BEACH CARE GIVERS, ) AND DOES 1 THROUGH 50, INCLUSIVE, ) , Defendants. ) i DEPOSITION OF ALBERT BRADY, JR. Santa Ana, California Thursday, February 26, 2015 Item 12. - 100 xB -866- Q. Okay. So they coordinated an inspection. 18 A. Yes. 19 Q. Okay. So you get out there These two 20 gentlemen are there. 21 What--what's the situation? 22 __ A. They enter the business. I follow them. They — -- -- 23 explain to the gal behind the plexiglass in the lobby 24 that they were to do an inspection. She excuses herself 25 for a moment comes back within a minute, allows us 4 62 HB -867- Item 12. - 101 Item 12. - 102 xB -868- C 1 entry into the building 2 Q Okay. So you go in. r 3 And what happens? ! A 4 A They are looking for any possible building 5 violations and Fire Code violations As theywere doing 6 that, I was assisting, and I noticed that the marijuana E 7 merchandise was still there in the glass containers with 8 price menu board on the wall there r 9 Q. Okay Now,if the fire department finds a 10 violation, do they call the code enforcement department xs -869- Item 12. - 103 11 to handout the citation, 2f one is necessary, or do i 12 they handout citations? Do you know? 13 A. They don't have us hand out citations. They do 14 their own paperwork. 15 Q. Okay. Really. Okay. Interesting. 16 Did -- do you know if they handed out a 17 citation on that day? 18 A No. 19 Q. No,you don't know, or no, they did not? : 20 A They did not Item 12. - 104 HB -870- ATTACHMENT #3 E •J� Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION August 26, 2015 HBCG Cooperative, Inc by way of Darnel G Richmond Go Cristian L Peirano, Peirano and Associates, Inc 1666 North Main Street, Suite 350 Santa Ana, CA 92701 SUBJECT: PLANNING APPLICATION NO. 2015-147 (APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPELLANT/ APPLICANT: HBCG Cooperative, Inc by way of Daniel G Richmond, c/o Cnstian L Peirano, Peirano and Associates, Inc PROPERTY OWNER: Phan Property Management, 1209 E 7t' Street, Long Beach, CA 90813 REQUEST: To obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd LOCATION: 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) DATE OF ACTION: August 25, 2015 On Tuesday, August 25, 2015, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings Attached to this letter are the findings for denial Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763 00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty- Three Dollars ($3,383 00) if the appeal is filed by any other party In your case, the last day for filing an appeal and paying the filing fee is Friday, September 4, 2015, at 5:00 PM. Phone 714-536-5271 Fax HB -871-340 WWW S�Item 12. 105 Notice of Action PA 15-147 August 26,2015 Page 2 If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Jane James, the project planner, at (714) 536-5596 or via email at ,dames@surfcfty-hb org, or the Planning and Budding Department at (714) 536-5271 Sincerely, Scott Hess, Secretary Planning Commission By 2L:!T� Ja a Jame , Planning Manager SH JJ kdc Attachment Findings For Denial— PA 15-147 c Honorable Mayor and City Council Chair and Planning Commission Fred A Wilson, City Manager Scott Hess, Director of Planning and Budding Bill Reardon, Division Chief/Fire Marshal Michael Gates, City Attorney Michael Vigliotta, Chief Assistant City Attorney Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Budding Manager Jane James, Planning Manager Phan Property Management, Property Owner Project File Item 12. - 106 xB -872- ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-147 FINDINGS FOR DENIAL - PLANNING APPLICATION NO. 2015-147 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007 Since then, Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204 18 went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 The property is located in the Neighborhood Boulevard Segment of the Beach and Edinger Corridors Specific Plan (BECSP) Medical marijuana dispensary is not listed as a permitted land use of the Neighborhood Boulevard Segment BECSP Section 2 2, states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " 3 Medical marijuana dispensaries do not meet the purpose and intent of the Beach and Edinger Corridors Specific Plan or the Neighborhood Boulevard Segment The Neighborhood Boulevard Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2 1 8 ) Medical marijuana dispensaries do not meet the pedestrian oriented uses of the Neighborhood Boulevard Segment 4 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including uses such as retail, personal service and pharmacy (Monterey v. Carrnshimba (2013) 215 Cal AppAth 1068, 1092-94 ) 5 The Planning Commission has jurisdiction over this use determination appeal pursuant to HBZSO Section 204 02, including the business license aspects of the appeal, because one of the grounds the Finance Director cited for denial of the business license was lack of zoning approval (HBMC Section 5 08 360 ) 6 Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204 18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 7 Planning Application No. 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will not be compatible with surrounding uses because pursuant to Ordinance No 3788, the City repealed in November 2007 the limited exemption for dispensaries in Industrial zones Further, the City enacted in June 2015, Huntington G\PC\NOA\15\08-25-15 PA 15-147(MMD) Attachment 1 1 xB -s��- Item 12. - 107 Beach Zoning and Subdivision Section 204 18, expressly demonstrating that medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 8 Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204 18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 9 Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary is not consistent with the General Plan Land Use Element In addition, it is not consistent with the following policy of the General Plan A Land Use Element. Policy LU 7 1 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) The City has established that medical marijuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of an MMD is not in compliance with the General Plan or the Zoning and Subdivision Ordinance. r'IcIr"KIO \15\08-25-15 PA 15-147(MMD) Attachment 12 Item 12. - 108 HB -874- ATTACHMENT #4 1� City of,Huntington-Beach Ptanning and Building Departjnent � } i I�V�� jY I SY a fi4 HUNTINGTON BEACH '�1f ;r TO: Planning Commission FROM: Scott Hess, AICP, Duectoi of Planning and Building BY: Jane James, Planning Manager DATE. August 25, 2015 SUBJECT: PLANNING APPLICATION NO. 2015-147 (APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPLICANT APPELLANT: HBCG Cooperative, Inc by way of Daniel G Richmond, c/o Crnstian L Perrano, Perrano and Associates, Inc., 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER: Phan Property Management, 1209 E 7t' Street, Long Beach, CA 90813 LOCATION: 17416 Beach Blvd, 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) STATEMENT OF ISSUE: e Planning Application No 2015-147(Appeal of Director's Decision): - To obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd e Staff Recommendation- Deny Planning Application No 2015-147 (Appeal of Director's Decision) based upon the following - Pursuant to City Ordinance No. 3788 adopted in 2007, medical marijuana dispensaries are a prohibited use throughout the City - Dispensaries are not within any of the permitted use classifications of the Neighborhood Boulevard Segment of the Beach and Edinger Condors Specific Plan (BECSP) where applicant's dispensary is located; instead, the characteristics of dispensaries are substantially different than uses within the Neighborhood Boulevard Segment - Medical marijuana dispensaries are an expressly prohibited use throughout the City pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204.18,Prohibited Uses RECOMMENDATION: Motion to: "Deny Planning Application No 2015-147 (Appeal of Director's Decision) with findings (Attachment No 1) " #rI HB -875- tem 12. - 109 E y� o O c { m 2 i k O/ �S LI ALSA � �c7� F o � dNK136�1 c Exzs� M-wry t�Sz T / � C - Subject Site VICINITY MAP PLANNING APPLICATION 15-147 (17416 BEACH BLVD) Item 12. - 110 ort-08/25/2015 HB -876- (15sr31 Appeal PA 15-147 17416 Beach MvED) ALTERNATIVE ACTION(S); The Planning Commission may take an alternative action such as "Continue Planning Application No 2015-147 (Appeal of Director's Decision and direct staff accordingly " PROJECT PROPOSAL: Planning Application No 2015-147 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd Back,-round.- The applicant opened and began operating a medical marijuana dispensary no later than February 6, 2014 On several occasions, the applicant sought to apply for a Business License but was told that the City did not issue business licenses for dispensaries On June 4, 2015, the City accepted from the applicant, Business License and Certificate of Occupancy applications requesting to operate a medical marijuana dispensary at the subject site (Attachment No 3) On June 26, 2015. the Director of Finance and the Director of Planning and Building together informed the applicant that the Business License and the Certificate of Occupancy applications were denied based on the fact that MMDs are a prohibited use within the City (Attachment No 3) The City's letter outlined the process for appeal of the Director of Planning and Bwldnng's decision. Appeal. On July 17, 2015, the applicant filed an appeal of the Director's decision (Attachment No 4) and the item is now scheduled for public hearing before the Planning Commission. It should be noted that a second appeal was filed the same day for the same location The second appeal was filed with a slightly different applicant/appellant name A separate staff report has been prepared for that appeal (Planning Application No 2015-145) Code Enforcement History: On September 16, 2014,the City filed the suit, entitled Huntington Beach v Richmond, Orange County Superior Court, Case No 30-2014-0074511, against the owners of this dispensary, Daniel Richmond and Huntington Beach Caregivers. On April 13, 2015, the Court entered an order granting the City's motion for a preliminary mjunction, which resulted in the closure of the dispensary until the case is tried. HB -877- Item 12. - 111 PC Staff Report—08/25/2015 (15sr31 Appeal PA 15-147 17416 a,oaLu ,i ujvLu) ISSUES: General Plan Conformance: The General Plan Land Use Map designation is M-sp-d (Mixed Use-Specific Plan Overlay-Design Overlay) The proposed Planning Application No 2015-145 to obtain zoning approval of a medical marijuana dispensary is not consistent with this designation or the policies of the City's General Plan as follows. A. Land Use Element- Policy LU 71 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) The City has established that medical manjuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of a medical marijuana dispensary is not in compliance with the General Plan or the Zoning and Subdivision Ordinance. Zoning Compliance: The subject site is located in the Beach and Edinger Corridors Specific Plan,Neighborhood Boulevard Segment, and the proposed use does not comply with the requirements of that zoning designation Huntington Beach Zoning and Subdivision Ordinance Section 204 18 expressly prohibits medical marijuana dispensaries in all zoning districts and all specific plan areas in the City of Huntington Beach, including the Beach and Edinger Corridors Specific Plan The proposed request to obtain zoning approval for a medical marijuana dispensary does not comply with the Huntington Beach Zoning and Subdivision Ordinance Further, a medical marijuana dispensary is not listed as a permitted use under the Neighborhood Boulevard Segment of the specific plan Urban Design Guidelines Conformance- Not applicable Environmental Status: The review of appeal by the Planning Commission is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3)because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment Coastal Status Not applicable Design Review Board: Not applicable Subdivision Committee: Not applicable Other Departments Concerns and Requirements: This staff report was jointly prepared by the City Attorney's Office and the Planning and Building Department. Item 12. - 112 ort—08/25/2015 HB -878- (15sr31 Appeal PA 15-147 17416 Beach 2MNID) Public Notification: The appellant and property owner were notified of the appeal hearing date on July 24, 2015 (Attachment No. 5) An attorney representing the property owner submitted an email communication stating that, "the owners object to the granting of zoning approval in this matter" Additionally, the attorney states that the property owner has served the tenants with a three day notice to quit or pay rent (Attachment No 6) As of August 18, 2015, no further communication regarding the request has been received Application Processing Dates: DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE(S) Not Applicable Not Applicable ANALYSIS: The applicants' appeal nanses the following three issues• 1. Ordinance No 4058 Prohibiting Medical Marijuana Dispensaries Is Valid In May 2015, the City Council adopted Ordinance No. 4058, adding Section 204 18 to the Huntington Beach Zoning and Subdivision Ordinance, which states in relevant part "A medical manjuana business, collective, cooperative or dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City" (Attachment No 2) The applicant makes the legal argument at pages 2-4 of the appeal that Section 204 18 is invalid The City Attorney considers this claim without merit, particularly since the Supreme Court recently approved of such local ordinances prohibiting medical marijuana dispensaries in City of Riverside v Inland Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 If the applicant seeks to persist in this claim, it should be raised in Court The Planning Commission should review the appeal on the basis that all City Ordinances are valid It should also be noted that even prior to the adoption of Section 20418 prohibiting all medical marijuana dispensaries throughout the City, the HBZSO already banned dispensaries. In November 2007, due to increasing concerns of public health, safety, and welfare of the residents and businesses, the City Council adopted Ordinance No 3788, which amended the HBZSO to specifically repeal the authorization of dispensaries in Industrial zones By repealing the singular authorization of dispensaries in Industrial zones, the result was to prohibit them throughout the City The prohibition on medical marijuana dispensaries has remained intact since 2007 2. Medical Marijuana Dispensaries Are Not A Permitted Use In The Neig hborhood Boulevard Segment of the BECSP As explained above, medical manjuana dispensaries have been prohibited throughout the City since 2007 However, the applicant makes the specific claim at pages 5-8 of its appeal that regardless of the general prohibition on dispensaries, its individual dispensary is a permitted "commercial" use The Planning Commission should reject this claim HB -879- Item 12. - 113 PC Staff Report—08/25/2015 (15sr31 Appeal PA 15-147 1741 �. ... ._. , The property is located in the Neighborhood Boulevard Segment of the BECSP Medical marijuana dispensaries are a prohibited land use of the Neighborhood Boulevard Segment Both the HBZSO and the BECSP are "percussive" land use regulations in that they list the uses which are permitted They both use classifications to describe and group uses having similar characteristics, but do not list every use or activity that may be within the classification Any use not enumerated is presumptively prohibited To distinguish between the two; BECSP Section 2.2, entitled`Building Use Regulations" states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan." This practice of the BECSP is consistent with the HBZSO Section 204 02 "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 Commssion" The Neighborhood Boulevard Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2 1 8) Each of these uses is defined at Section 2 2 of the BECSP Nowhere is a medical marijuana dispensary listed as a permitted use Instead of addressing the BECSP in its appeal, the applicant claims that the proposed dispensary should be regulated as if it were a"retail use" relying upon Commercial zone provisions under HBZSO Section 21104 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including retail use. In the case of City of Monterey v Carrnshimba (2013) 215 Cal App 4th 1068, the Court found "that the operation of a dispensary does not fall within the use classification of retail sales" (Id. at 1092 ) The Court also determined that a dispensary did not fall within the term "personal services," (id. at 1092), or fit "within the model under which a pharmacy or medical supply house conducts retail sales of prescription pharmacies and medical supplies to customers" (Id at 1093-1094.) The Court concluded that while "medical marijuana is certainly a good or commodity, it stretches beyond its limits the meaning of a retail sale to include within that category the noncommercial circumstance under which a collective of patients and caregivers qualified under the Compassionate Use Act" (Id at 1093 ) 3 The Applicant Was Not Wron fug_lly Denied The OpportumtyTo Apply For A Business License The applicant claims at pages 8-9 of its appeal that the June 26, 2015 letter stating that the Director of Planning and Building had determined that the proposed dispensary is not eligible to receive any zoning approvals incorrectly stated that the applicant could appeal the Director's decision to the Planning Commission (Attachment 3) Applicant contends that the appeal should have been filed with Item 12: -�114 ort—08/25/2015 HB -- (15sr31 Appeal PA 15-147 17416 Beach 2NIIvID) the City Clerk, and processed under HBMC Section 5 08 310, which states that"Any person aggrieved by any decision of the Finance Director under Huntington Beach Municipal Code Chapters 5 04 through 5 16 may file an appeal with the City Clerk." The appeal was directed to the Director of Planning and Building because Huntington Beach Municipal Code Section 5 08 360 provides that no business license "shall be issued to any person failing to present all appropriate zoning permits." The June 26, 2015 decision expressly states that lack of zoning approval was one reason the Finance Director denied the business license (Attachment 3). Given that the Director of Planning and Building dewed the zoning approval (as well as an occupancy permit on the same ground), any appeal must be directed to the Planning Commission pursuant to HBZSO Section 204 02 In summary, medical marijuana dispensaries have been a prohibited use within this City since the City adopted Ordinance No 3788 in November 2007 Recently, in order to make this longstanding prohibition clearer to the public, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prolubited use everywhere in the City, including all zoning districts and all specific areas Therefore, Staff recommends that the Planning Commission deny Planning Application No. 2015-147, the applicant's appeal, and request to obtain zoning approval for a medical marijuana dispensary at the subject site ATTACEAMNTS: 1 Findings for Denial—Planning Application No 2015-147 (Appeal of Director's Decision) 2. HBZSO Section 204 02,Applicability, and Section 204 18 Prohibited Uses 3 Letter from City of Huntington Beach to Daniel Richmond dated June 26, 2015 (includes copy of Business License application and Certificate of Occupancy application) 4 Appeal from Applicant, Daniel G. Richmond, C/O Cnstian L Peirano, received and dated July 17, 2015 5 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated July 24,2015 6 Email communication from Tracy Guerra, representing property owners received and dated August 5, 2015 SH.JJ kd HB -881_ Item 12. - 115 PC Staff Report—08/25/2015 (15sr31 Appeal PA 15-147 1741 , ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR DENIAL PLANNING APPLICATION NO.2015-147 (APPEAL OF DIRECTOR'S DECISION) SUGGESTED FINDINGS FOR DENIAL- PLANNING APPLICATION NO. 2015-147: 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007 Since then, Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204 18 went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 The property is located in the Neighborhood Boulevard Segment of the Beach and Edinger Corridors Specific Plan (BECSP) Medical marijuana dispensary is not listed as a permitted land use of the Neighborhood Boulevard Segment BECSP Section 2.2, states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planrung director that the proposed uses meet the purpose and intent of the plan" 3 Medical marijuana dispensaries do not meet the purpose and intent of the Beach and Edinger Comdois Specific Plan or the Neighborhood Boulevard Segment The Neighborhood Boulevard Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions These pedestrian oriented uses are pnmanly Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2.18 ). Medical marijuana dispensaries do not meet the pedestrian oriented uses of the Neighborhood Boulevard Segment 4 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including uses such as retail, personal service and pharmacy (Monterey v Carrnshimba (2013) 215 Cal.AppAth 1068, 1092-94.) 5 The Planning Commission has jurisdiction over this use determination appeal pursuant to HBZSO Section 204 02, including the business license aspects of the appeal, because one of the grounds the Finance Director cited for denial of the business license was lack of zoning approval (HBMC Section 5.08 360 ) 6 Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will be detrimental to the general welfare of persons working or residing in the viciruty or detrimental to the value of the property and improvements in the neighborhood because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 20418, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 7 Planning Application No 2015-147 (Appeal of Director's Decision)to obtain zoning approval of a medical marijuana dispensary will not be compatible with surrounding uses because pursuant to Ordinance No 3788,the City repealed in November 2007 the limited exemption for dispensaries in Industrial zones Further,the City enacted in June 2015, Huntington Beach Zoning and Subdivision Section 204 18, expressly demonstrating that medical marijuana dispensaries are a prohibited use within the City of Huntington Beach. Item 12. - 116 HB -882- _ _ _.._____rort—08/25/2015 Attachment No 1 1 8 Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical manjuana dispensary will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204 18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 9. Planning Application No 2015-147 (Appeal of Director's Decision) to obtain zoning approval of a medical mannjuana dispensary is not consistent with the General Plan Land Use Element In addition, it is not consistent with the following policy of the General Plan: A Land Use Element Policy LU 71 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules(Table LU-2a and 2b) The City has established that medical manjuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of an MMD is not in compliance with the General Plan or the Zoning and Subdivision Ordinance. HB PC Staff Report—08/25/2015 -gg�- Aft Item`12. 117 y ` 204 02 Applicability y �I G Dl` te r s _ ,_ v m = - �=-�`C .F �z_._�z-sr �� 4,Ny- t1etiZI - _w- _ < CFiaoter 2t'lfi st-CL7a5 204.02 Applicability Use classifications describe one or more uses having su-mlar 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 witlun the classification The director's decision may be appealed to the Planning Commission (3334-6/97) View the mobile version, �`ir `MCHMENT NO Item 12. — 118 es/huntmgtonbeach/view php?topic=zonmg_code- HB -884-'&frames=on[8/18/2015 6 02 23 PM] 20418 Protubited Uses a 's'-_ ---- - ., -•,, "__'`��,:-_ .�-'- ' .s a - -;7».;�i-r�,+ -r __ ,a ,%; t-a--'- �'"�. ,-_~-ax--`• 204.18 Prohibited Uses A Purpose. In order to expressly inform the public that any distnbution of manjuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries,etc, is prohibited in the City of Huntington Beach,the City is adding this express prohibition to the Zoning and Subdivision Ordinance B Definitions.For purposes of this section,the following term is defined 1. Medical Marijuana Business, Collective,Cooperative or Dispensary means any location,structure, facility, vehicle,business, store,co-op,residence, or similar facility used, in full or in part,as a place at or in which marijuana is sold,traded,exchanged,bartered for in any way,made available, located,stored, displayed,placed or cultivated, including any of the foregoing if used in connection with the distribution of marijuana C Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries.A Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named,is not a permitted use in any zoning district or specific plan in the City It shall be unlawful for any person or entity to own,manage,establish, conduct or operate a Medical Marijuana Business, Collective,Cooperative or Dispensary Also, it shall be unlawful for any person to pen-nit to be established, conducted,operated, owned or managed as a landlord,owner,employee, contractor, agent or volunteer,or in any other manner or capacity, any Medical Marijuana Business, Collective, Cooperative or Dispensary in the City (4059-5/15,4058-6/15) View the mobile version. p,TTACHMENT NO.TTIJ � http//www gcode us/cwdes/huntmb onbeachMew pbpAopic=zomng_wde- HB ggS-;&frames=on[8/18/2015 6 O1 35 PM] Item 12. — 119 - CITY OF HUNTINGTON BEACH Original via U.S. Mail— Certified Return Receipt June 26, 2015 Mr Daniel G Richmond CEO/President HBCG Cooperative, Inc dba Huntington Beach Care Givers 17416 Beach Blvd Huntington Beach, CA 92647 Dear Mr Richmond- The City of Huntington Beach has received your application for the establishment and operation of a business that appears to be related to the retail/dispensation of Medical Marijuana and related products, commonly referred to as a Medical Marijuana Dispensary We note that on June 4, 2015, you submitted an application for a business license for the Retail Sale of Medical Marijuana Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington Beach, although this ordinance did not change the City's longstanding prohibition (HBZSO Section 20418) Prior to this recent legislative act by the City Council, the Huntington Beach Zoning and Subdivision Ordinance (land use laws) in Huntington Beach prohibited the establishment of any Medical Marijuana Dispensaries or related businesses in Huntington Beach because such businesses were not listed as a "permitted use" under the City zoning laws (HBZSO Sections 204 02, 204 10, 211 04, 212 04, and 215 04) In keeping with the City's policy on this issue over the years, the Director of Planning and Building has consistently held, under"permissive use" laws, that this kind of establishment in the City is prohibited After careful review and consideration of your application, the Director of Planning and Building, relying upon the foregoing authorities, has determined that your proposed Medical Marijuana business is not eligible to receive any zoning approvals or permit because you are proposing to operate a business not permitted within any zoning in the City Without any zoning approval, a Medical Marijuana Dispensary cannot obtain a Certificate of Occupancy, which is required for the location of your business In addition, the Director of Finance shall not issue a business license to any person failing to present all appropriate zoning approvals, or who has failed to comply with any other provision of this code, or whose business is prohibited or illegal (HBMC Sections 5 04 050 and 5 08 360) As the HBZSO Section 204 18 expressly states that your proposed business is a prohibited use, the Finance Director cannot legally issue a business license for this use 2000 Main Street, California 92648-2702 s Phone 714-536-5630 a Fax 714-374-5365 • www huntmQtonbeachca gov Item 12. - 120 x ATTACHMENT NO. 3 '' B -ss6- -- - - Page 2 HBCG Cooperative, Inc dba Huntington Beach Care Givers June 26, 2015 While we appreciate your interest in conducting business in Huntington Beach, your request for a City Business License is not approved and no business license will be issued. You may appeal the decision of the Director of Planning and Building by submitting an appeal to the Planning Commission by filing a written notice of appeal within ten (10) days The Notice of Appeal shall include the name and address of the appellant, the decision to be appealed, and the grounds for the appeal That appeal must be accompanied by a payment of$494 00 to cover the filing fee The City of Huntington Beach thanks you for your interest in conducting business in the City In light of the denial of your business license application, the City will be issuing you a full refund of any payments you made to the City with your business license application The reimbursement will be sent by check to your mailing address If you have any questions or concerns, please do not hesitate to contact either the Director of Finance at (714) 536-5630, or the Director of Planning and Building at (714) 536-5276 Thank you Sincerely, Vol" Lori Ann Farrell, Director of Finance S ott Vess, Director of Planning and Building Enclosure Copy of Application xB -887- ATTACHMENT !Item 12. - 121 i CASH RECEIPT CITY OF HUNTINGTON BEACH R0:BOX 711 HUNTINGTON BEACH,CALIFORNIA 92-648-0711 www.huntingtonbeachca.gov/payments y DATE Issuing Dept Dept Phone FUNDS RECEIVED FROM ADDRESS Phone# 7 - FOR _AMOUNT REC : , Cash Check# Credlt Card Prepared 1 Received Finance B - ,, By Approval T-OBIECT=50000 T=HRV 90000,FINANCE APPROVAL REQUIRED Approval Date ' liustnes n "' O ——f————— (�_ — — — — 1 ------- — — -- -------- — ------ ---- -- -- ----- - ' TOTAL $ Ll- Stamped Validation Only Please do not write in the boxe�iW � t,3 No.1283a58 ISSUING DEPARTMENT COPY Item 12. - 122 xB -888- ATTACHMENT NO. 3 CITY OF HUNTINGTON BEACH J FINANCE DEPARTMENT—BUSINESS LICENSE P O. Box 190-2000 Main Street, Huntington Beach,CA 92648-2702 Phone(714)536-5267—Fax(714)536-5934—www hunbngtonbeachca qov APPLICATION FOR BUSINESS LICENSE 'lUN 04 ZD,5 BUSINESS DETAILS Applications must be typed,or legibly hand printed in blue or black ink Nawti of Business(DBA) Huntington Beach Care Givers Name of Corporation(attach list of officers) HBCG Cooperative,Inc Owner(s)or Principal(s) Title CEO/President Daniel Richmond Title Contact Person Title Daniel G Richmond Business Address 17416 Beach Blvd Huntington Beach,CA 92647 Mailing Address,City,State,Zip Same E-mail Address Web Site Business Phone Fax weedmaps corn 714-475-5502 None Type of Ownership, Social Security# Type of Ownership ❑LLC Federal Tax ID# State Tax ID# ❑Sole Proprietor ❑Partnership ®Corporation Date Business Started In Huntington Beach #Employees(Include set( Full-time Part-time(FTE) Sic# October 13, 2014 per latest tax filing) 15999 Detailed Description of Business Activity Retail Sale of Medical Manjuana Located in a BID7 BID Zone Area (sq ft) BID Type Discharge into Storm drain? NPDES Penntt# []Yes ❑No ❑1 ❑2 ❑Yes ❑No Description of Products Sold Do you collect sales tax?❑Yes® No Sellers Permit(Resale#) Medical Marijuana 102-721 148 Business Vehicles Used in the City? Under 1 ton 1-3 tons Over 3 tons License Plate# License Plate# ❑Yes ®No How Ma ❑ General Contractor Contractor's Lic# Classes Expiration Date Job Address ❑ Sub Contractor Burglar Alarm System? ❑Yes ❑No Alarm Permit# Health Permit# ABC License# CUPA# If yes. permit is required Call 14 960-8805 State License(#/Type/Exp Date) Live Entertainment? ❑Yes ❑No Sale of Adult Only Items? ❑Yes []No Music #Bulk Coin Operated Machines? #Vending #Amusement #Service # ❑Yes ❑No Vending Company's Name/Address/Phone #Apt/Motel/Rooming House/Office Units #Trailer Spaces Date of Purchase Mobile Vendor? ❑Yes ❑No If yes,complete section on back of form I am aware of the provisions of Section 3700 of the California labor Code,which requires every employer to be Insured against liability for Workers Compensation (Please check appropriate box) ❑ Certificate of Workers Compensation Insurance ❑Certificate of Self-Insurance of Workers Compensation ® I certify that In the performance of work for which this license is issued I shall not employ any person in any manner so as to become subject to the worker's compensation laws of California Note If after signing the certificate, you hire any employee, you become subject to the workers' compensation provisions of the California Labor Code and you must immediately comply with the rovisions of Section 3700 or your license immedia ecomes revo I hereby declare under j ry that formation and statements his application are true and correct Signature Title, CEO/ President Printed Name Daniel G. Richmond Date ` - S ' Z D l S Total Due: Page 1 of 2 _ . Y. ., ATTACHMENT A HB -889- Item 12. - 123 SUPPLEMENTARY INFORMATION REQUIRED: (NON-PUBLIC INFORMATION) Applications must be typed,or legibly hand printed In blue or black Ink Owner or Pnncipabanlel G. Richmond TiheCEO/ President Residence Address6806 Thaitlan CIr CityYorba Linda State CA 1 Zi192886 Home Phon Date of Bi Social Sec u Drivers License Signatule Date4/8/2015 Partners Name or Secondary Principal(if applicable)N/ Title Residence Address City State Zip Home Phone Date of Birth Social Security# Dnvers License Signature Date ALTERNATIVE CONTACT IN CASE OF EMERGENCY: Name Title Phone MOBILE VENDORS ONLY—SUPPLEMENTARY INFORMATION. Products Sold Overnight Location of Vehicle Registered Owner of Vehicle Description of Logo(may attach photo) Make of Vehicle Year I VIN# Previous License? Gitywhere previous license obtained Date 13 Yes D No Has licenselfranchise previously been Reason for Suspension if Yes Year revokedisus ended? 0 Yes 0 No MOBILE VENDORS MUST ALSO PROVIDE WITH APPLICATION • Photo copy of valid drivers license for each driver • DMV auto registration • Copy of auto insurance referencing ViN and policy#,naming additionally Insured • Color photos of vehicle showing full side profIto with logo and full rear of vehicle with license plate IMPORTANT INFORMATION. Please notify the Business License Office of any changes to the business, Including business name, location, owners, partners, business type or activity If the business license is not updated accordingly, it may no longer be valid and the business owner may then be liable for penalties and administrative citations. If the business moves to another commercial location,a Certificate of Occupancy for the new location must be applied for with the Planning Department Call(714) 536-5271 for application As an applicant for a business license as a sole proprietor,you are required to provide your Social Security number as part of the application. Pursuant to Section 405(c)(2)(C)(1) of Title 42 of the United States Code, the City is permitted to require disclosure of the Social Security number for tax purposes Disclosure of this information is mandatory. However, while disclosure is required in order for the City to properly administer the business license tax program, the Social Security number is not public record, and will not be disclosed to any members of the public Under federal and state law,compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dzs.m2ov/dsafflomeaspx The Department of Rehabilitation at www.rehab.cahwnet.gov.The California Commission on Disability Access at www.ccda.ca. ov Si nature OFFICE USE ONLY, Bus License# NOTES: TOTAL DUE: $ (includes non-refundable processing fee) Page 2 of 2 Item 12. - 124 HB -890- ATTACHMENT NO. 3 ,, ® CERTIFICATE OF OCCUPANCY 020 - CITY OF HUNTINGTON BEACH_ DEPT. OF PLANNING&BUILDING APPLICATION io ' HUNnNCTON BEACH 714/536-5241 (3`1 Floor-Must Apply In-Person.) Business License# Date Business Address "t t{ (o Ea r 1u t7 N t tin Nkmot.11'-3�c4 Zip Code 9 2 )q j Business Owners Name V4 t�-, �,c -�;.r I t l L. Telephone No 1 t-(-N Z•z--y S'S 7 Business Name 0 9C V Bus Phone Business Type Vo^r a,c Sc,-Ie ft-,-k Meng` rj N\u- i u,Lrsn l Ste. rel&+ev pol, +t��S Property Owner Information (required) Tenant/Emer en Contact (required) Name P"a t�j Pnoe�ciu MAnraaeK .k Aj Name 'sDAV%,i eJ Address 1-L&CII G. 11TN S+. V Home Address __----- City LUN L-,AEcj,4 State/Zip CA, ci O cd t ?:�, City `)te t ba, U v-e A. State/Zip Cpt `T Zvs-g-, Telephone No. (5�Q2 'L( z-1 trio I Telephone No. THIS USE WOULD BE DESCRIBED AS: ❑Newly Constructed Building or VExisting Building CHECK ALL THAT APPLY: ❑ Change of Property Owner ❑Change of Occupant ❑Change of Use ❑Additional Occupant ■ Indicate former type of business uA wkjowN 3 I+t`edeig +g bs r-e-ACAS-1 s Are you requesting that the electricity be turned on? Yes❑ NoJ4 ® Is the building sprinldered? Yes❑ No 9, • Wdl operations produce dust/wood shavings or similar material? Yes❑ Nod ® Will operations involve the repair or replacement of automobile parts Yes D NO4_ If yes- Describe the components repaired of replaced. • Does the operation involve the use of welding or open flame? Yes❑ Noo ® Will the business be a drinking,dining or assembly use with an occupant load of mole than 50 persons? Yes E]No Will there be storage racks,gondolas,or shelving exceeding 5feet 9 inches in height?Yes El No ❑ ® The following best describes my operation- ❑ Office Only %Retail Sales ❑ Medical/Dental ❑ Warehouse/Manufacturing/Distribution ❑Restamant/Take Out Food (describe process and end product) 9-e+a-A Sale cud Med.t`ca l MCtirr6 �&L',o Other(describe) raM SQ�,(P For Official Use OnIY Occ Group Area. Occ Load:- Occ Group. Area Occ Load . Occ Group: Area. Occ Load Total Sq Ft Occupied: No of Stories. TIF Review, Y/N Bldg.Permit ff Entitlement#. Zoning. P1nr Initials Date: Plan Chkr Initials Date Insp Initials Date. Conditions of Approval or Other Notes- Inspection Date. HB -891- ATTACHMENT Item 12. - 125 f CITY OF HUNTINGTON BEACH r Original via U.S. Flail — Certified Return Receipt July 7,2015 Mr. Daniel G Richmond 6806 Thaithian Circle Yorba Linda, CA 92886 Dear Mr. Richmond Please see the enclosed letter from the City of Huntington Beach dated June 26, 2015, regarding your business license application This letter was sent to you via Certified Mail to the business address you indicated as your mailing address on the business license application as follows. HBCG Cooperative, Inc. dba Huntington Beach Care Givers Daniel G Richmond CEO/President 17416 Beach Bfvd. Huntington Beach, CA 92647 On Monday, ,July 6, 2015, this letter was returned to the City by fhe United States Postal Services as "Moved, Left No Order" and "Attempted, Unknown" As such, we are forwarding the letter to your address of residence Sincerely, i Lori Ann Farrell, Director of Finance Enclosure Certfied Letter Reference 7008 3230 0001 1468 1639 2000 Main Street, California 92648-27G2 * Phor-te 7?4-536-5630 + Fax 714-374-5365 � z,;w-w hunt?natonbeachca.aov Item 12. - 126 HB -892- ATTACHMENT NO. RB0,--%/E1VED ]DEMAND FOR APPEAL OF Dept ol Planning & BuilDEVIAL OF BUSYNESS LICENSE BY DIRECTOR OF FINANCE 3 TO- CITY OF HUNTINGTON BEACH CITY CLERK& CITY COUNCIL AND/OR 4 DESIGNEE 5 FROM- APPLICANT, HBCG Cooperative,Inc.by way of,Daniel G. Richmond 6 Company President/CEO C/O &to the Attention of Cristian L. Peirano, Esq. of Peirano&Associates,Inc. 7 1666 North Main Street, Suite 350 Santa Ana, CA 92701 8 Date. July 15,2015 9 RE. Appeal of City of.Huntington Beach,Finance Director,Lori Ann Farrell& 10 Director of Planning&Building,Scott Hess's denial of business license application certificate of occupancy to operate medical marijuana dispensary 11 rendered on June 26,2015 and Mailed Successfully on July 7,2015. 12 I, Daniel G. Richmond,president of HBCG Cooperative, Inc. demand by way of this appeal tha 13 14 the City of Huntington Beach issue HBCG Cooperative,Inc (hereinafter"Applicant") a business license 15 along with all applicable permits in order to operate medical marijuana dispensary at the locatio 16 commonly known as. 17416 Beach Blvd, Huntington Beach, CA 92647 for the following reasons. 17 1. The City of Huntington Beach's denial of business license application based on HBZS 18 section.204.18 is not valid as the underlying Ordinance No. 4059 used to pass 2014.18 19 is void as a matter of law pursuant to California Government Code section 65858(e) as 20 it duplicated the City's Ordinance No. 3700. 21 22 2. Medical Aid Program prior to operating attempted to apply for business license, but was 23 wrongfully denied its due process rights to submit its business license application 24 because of the City's mistaken belief that its municipal code sections prohibits 25 medical marijuana dispensaries from operating in the zone where HBCG operated ou 26 of. 27 3. The City's notice of denial with instructions for appeal of Finance Directors' decision 28 was defective in that HBMC section 5.08.310 clearly states that an applicant aggrieve xl3 -893- ATTACHMM'Item 12. - 127 DEMAND FOR APPEAL OF B vau%r as LICENSE APPLICA ON DECISION I by any decision of the Finance Director 5.04 through 5 16 may file an appeal with the 2 City Clerk within 15 days of the date of mailing and that such appeals be filed with the 3 City Clerk and not the Director of Building and Planning as incorrectly being tasked 4 with the appeal. The notice of decision, however, states that the appeal will be filed 5 with the Director of Planning and Building and that Applicant has only 10 days in 6 7 which to do so and according to the telephonic confirmation no submission is allowed 8 by mail when all others are allowed to do so. 9 10 ARGUMENT 11 I. The City of Huntington Beach's denial of business license application based on 12 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to pass 2014.18 is void as a matter of law pursuant to California Government Code 13 section 65858(e) as it duplicated the City's Ordinance No.3700 14 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 15 business license application its application for business license was denied because 16 Earlier this year, the City passed an ordinance that expressly prohibits the 17 establishment of Medical Marijuana Dispensaries or related businesses in Huntington 18 Beach, although this ordinance did not change the City's longstanding (HBZSO Section 204.18). Prior to this Ordinance (land use laws) in Huntington Beach prohibited the 19 establishment of any Medical Marijuana Dispensaries or related business in Huntington Beach because such a businesses were not listed as a "permitted use" under the City 20 zoning laws (HBZSO Sections 204 02,2014.10, 21104, and 215.04) 21 See Exhibit"A" City of Huntington Beach June 26, 2015, denial of business license application. 22 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 23 E"ERMISSIBLY DUPLICATED ORDINANCE NO, 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858,ET. SEQ. 24 The City's June 26, 2015, denial of business license application by Applicant,the Citymakes i 25 clear that the City drinks that it passed Ordinance 4059 on May 4, 2015 Passage of an urgency 26 ordinance, such as this one, are subject to particular procedures that must be followed by the City 27 adopting a zoning ordinance However: 28 Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city Item 12. - 128 LHB -894- MA CMAENT NO 11 DEMAND FOR APPEAL OF jl�%lL J LICENSE APPLicATION brCiNfOIT' ' * ZIP— I and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a 2 contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to 3 study within a reasonable time 4 California Government Code section 65858(a). 5 While enacting Ordinance 4059,the City invoked this provision: "Pursuant to Government Cod 6 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 7 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 8 health, safety, or welfare" 9 B. The City cannot meet the provisions of Cal. Gov. Code §65858 as it failed to ameliorate the effects of its prior urgency ordinance for moratorium against medical marijuana 10 dispensaries. 11 The ability to simply bypass procedures based upon the willingness of a city council to make 12 "findings that there is a current and immediate threat to the public health,safety, or welfare, and that the 13 approval of additional subdivisions use ermits, variances building permits, or an other applicable aPP � P � g P � Y PP 14 entitlement for use which is required in order to comply with a zoning ordinance would result in that 15 threat to public health, safety, or welfare" (Gov Code § 65858(c)) would seem ripe for abuse, and the 16 City does just that.Fortunately, subdivision(e) steps in to prevent the City's abuse: 17 When an interim ordinance has been adopted, every subsequent ordinance 18 adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the 19 termination of the first interim ordinance or any extension of the ordinance as provided in this section. 20 California Government Code section 65858(e) (Emphasis added). 21 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 22 marijuana dispensaries"No two interim ordinances can address the same subject on the same land fo 23 the same reason and purpose. 24 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 25 The City admits there was a previous moratorium in the new interim ordinance. "The City o 26 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries" (City' 27 RJN E, § IA.)In fact,the City adopted it on February 22, 2005: 28 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 3700—"An Interim Ordinance of the City qfHuntington Beach Imposin a lllaratorrum _ L B `895 DEMAND FOR APPEAL OF ICENSE APPLI u ,+CIS Item 12. I- 129 I on Medical Mari uana Dispensaries" with specific findings regarding the detriment to the public's health, safety and welfare amended to bypass the Planning Commission and 2 bring an ordinance directly to Council and to change from a 45-day to a 30-day moratorium The motion carried by the following roll call vote: 3 AYES: Hansen,Coerper, Sullivan, Hardy, Green, Bohr NOES Cook 4 ABSENT- None 5 City Council Minutes,February 22, 2005. 6 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t 7 California Government Code Section 65858(a) . . this interim ordinance shall become effective 8 immediately" (Ordinance 3700, § 4.) Including the amendment to cut the effective period down to 3 9 days,the moratorium expired on March 25,2005 and can not be re-enacted ten years later pursuant 10 to Government Code section 65858, subdivision(e). As a result,the current state of the law in the City 11 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 12 medical marijuana dispensaries. 13 ff. Daniel G.Richmond prior to operating attempted to apply for business license,but was wrongfully denied its due process rights to submit its business License 14 application because of the City's mistaken belief that its municipal code sections 15 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 16 17 The Huntington Beach Municipal Code provides that it will issue licenses for those seeking 18 business license and that it cannot use its business license for the purpose of regulation: 19 "The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect A business license is a 20 requirement,not a pernut to conduct,manage or carry on any business activity within this 21 City.(838-6/61)" 22 HBMC section 5.04.090 License not a permit. 23 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 24 and is not intended for regulation.(766-7/60) 25 HBMC section 5.04.020 Purpose 26 According to the City's own pamphlets available on line as of the date of this appeal states the 27 following: 28 A City of Huntington Beach business license is not a regulatory license but is a tax to help pay for the public safety needs of the people of Huntington Beach. A Item 12. - 130 HB -896- i DEMAND FOR APPEAL OF aCENSE APPLICA-1110N DECISION 1 2 About Business Licenses,City of Huntington Beach's website: <http://www.huntingtonbeachca.gov/ 3 files/users/finance/How_to_do_bus_flyer.pdf 4 Applicant's dispensary falls under the category of General Commercial under the City's land use 5 laws a property classified as general commercial can undertake retails sales of goods such as medical 6 marijuana 7 21104 CO,CG,and CV Districts—Land Use Controls In the following schedules,letter designations are used as follows- 8 "Y' designates use classifications permitted in commercial districts. 9 'V' designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. 10 [***] 11 Use classifications that are not listed are prohibited. Letteis in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 12 elsewhere in the Zoning Ordinance. 'Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under 13 the heading. CO,CG,and CV Districts: Land Use Controls 14 p=permitted 15 Co CG [Commercial CV Additional 16 General] Provisions 17 Commerical 18 Uses Retail Sales - P P (U)(V) 19 CO, CG,and CV Districts:Additional Provisions 20 Huntington Beach Zoning Subdivisions& Ordinance section 21104 21 This is exactly what Applicant,intends to do which perform retail sales of medical marijuana. This i 22 allowed in this zone for this property and for this purpose without the need for any additional permits as 23 indicated under 21104 as cited heremabove. 24 The next question is what retails sales are allowed and what merchandise can be sold in the sector 25 where the Property is located9 Those two questions are easily disposed of in the City's municipal cod 26 section that follows regarding the permitted use by Applicant under HBMC 204.10Y. 27 a. The retail sale of medical marijuana is provided for under the City of Huntington Beach 28 municipal code section under: 204.10Y states A`7ACHMENT NO �- HB -897- Item 12. - 131 DEMAND FOR APPEAL OF o vaiuxie as LICENSES APPLICATION DECISION I Y Retail Sales.The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores,drug stores, clothing stores, 2 and furniture stores, and businesses retailing the following goods- toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and 3 equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and 4 wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories(excluding service and installation) 5 Hunting Beach Zoning&Subdivision and Ordinances section 20410Y. 6 Clearly, the retail sale of medical marijuana is allowed under the local land use Iaws of the City 7 "Permissive" in circumstances such this means that if something is not specifically provided for o 8 allowed then it is not permitted and/or is prohibited 9 In this case however,there are two reasons why this does not apply as a matter of fact and law The 10 first is the code section above, is a catchall provision providing for the right to sell merchandise. "Retail 11 Sales The retail sale of merchandise not specifically listed under another use classification."Huntington 12 Beach Zoning& Subdivision Ordinances Section 204.10Y 13 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under 14 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicabI 15 under the permissive scheme: Nothing which is done or maintained under express authority of a statute 16 can be deemed a nuisance California Civil Code section 3482. 17 As a compliment to that section and to order to further understand the application of the language i 18 establishing that the City's laws do embrace medical marijuana dispensaries: 19 21102 Commercial Districts Established 20 The purpose of the commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three commercial zoning districts 21 are established by this chapter as follows 22 B. The CG General Commercial District provides opportunities for the full range of 23 retail and service businesses deemed suitable for location in Huntington Beach 24 Huntington Beach Zoning& Subdivision Ordinance section 211.02 25 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 26 within the stated purposes of the City in keeping with its objectives for its land use laws. This is mad 27 clear through its use of the terms "full range of retail...businesses" meaning the complete spectrum o 28 retail businesses without any further qualification whatsoever. This section does not say "a moderate range of retail businesses", "some retails business", o Item 12. - 132 HB -898- DEMAND FOR APPEAL OF 1sUNMt!!,J LICENSE APPLI A IONEC DIM-N I "everything except medical marijuana:' The City could have but it did not. Clearly, persons such a 2 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 3 City of Huntington Beach. 4 The second reason why the principal of permissive code interpretation is inapplicable in this case 5 comes by way of Art I., Sec.'s 1 & 26 of the California State Constitution. It mandates that the right 6 involved with medical marijuana deal with certain inalienable rights. 7 "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting 8 property,and pursuing and obtaining safety,happiness,and privacy." 9 California Constitution,Article 1,Section 1. 10 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 11 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or better 12 tolerated through the use of medical marijuana. It also involves the right to be safe from chronic pain o 13 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 14 through the use of medical marijuana. 15 The right to medical marijuana however, is not an absolute or an unfettered right. The right t 16 medical marijuana is subject to proscription under the language provided for under California 17 Constitution Art. I Sec. 3(b)(4) that guarantees and mandates that if such a right is to be limited o 18 denied that such limitation or prohibition must be achieved through due process of law and under equal 19 protection of law. In order to meet this mandate, those like the City; seeking to limit or take away an 20 person's rights to medical marijuana must do so through express words. 21 "The provisions of this Constitution are mandatory and prohibitory, unless by express 22 words they are declared to be otherwise" 23 24 California Constitution,Article 1,Section 26 25 But the reality is that please property falls squarely within the classification general commercial an 26 is offered to the opportunity of conducting general retail sales The City's general commercial zones use 27 classification states full. 28 ..retail sale of merchandise not specifically listed under another use classification. 17 ATTACHMENIr k'^ HB -899- Item 12. - 133 DEMAND FOR APPEAL OF L.,.. .,. -10ENSE APPLICATION DECISION i I This classification includes drugstores, and businesses retailing the following goods-. . 2 handcrafted items,medical supplies,..." 3 HBZSO section 204.10Y 4 But this thing is a question of just how generous and expansive MBZSO section 20410Y. The 5 6 answer is that it is wide open according to the stated intent of the city when seeking to define the 7 universe of retail sales that are included in the applicable use classification The answer simple because g the city clearly states and it's intention of what has intended to include in its retail sales- 9 The purpose of the commercial district is to implement the general plan and local 10 coastal program commercial land-use designations. Three commercial zoning districts 11 ourselves by this chapter as follows. 12 13 14 B. The CG general commercial district provides opportunities for the full range of retail 15 and service this is being suitable for location in Huntington Beach 16 HBZOS 211.02, ("***" indicating deletion of chapters or paragraphs not being used in the citation b 17 applicant) 18 Clearly, the intended universe of retail sales encompasses in the cites limited industrial area 19 covered under general commercial district is compliments and he is a full range of retail business Full 20 range can be defined according to common parlance is used by the people means the entire spectrum 21 22 Plainly and clearly intending to encompass anything and everything that can fall into this use 23 classification. 24 TIT. The City's notice of denial with instructions for appeal of Finance Directors' decision was defective in that HBMC section 5.08.310 clearly states that an applicant aggrieved b 25 any decision of the Finance Director 5.04 through 5.16 may file an appeal with the City Cler 26 within 15 days of the date of mailing. Such appeals are to be filed with the City Clerk and not the Director of Building and Planning, which is incorrectly being tasked with the appeal. In violation 27 of the City's laws decision states that the appeal will be filed with the Director of PIanning an Building and that Applicant has only 10 days in which to do so and according to the telephonic 28 confirmation no submission is allowed by mail when all others are allowed to do so. U ATTACHMENT NO. Item 12. - 134 HB -900- 11 DEMAND FOR APPEAL OF L �ICENSE APPLICATION DECISION 1 The City's notice of denial with instructions for appeal of Finance Directors' decision was 2 defective in that HBMC section 5 08.310 clearly states that an applicant aggrieved by any decision o 3 the Finance Director 5.04 through 5.16 may file an appeal with eh City Clerk within 15 days of the dat 4 of mailing and that such appeals be filed with the City Clerk and not the Director of Building an 5 6 Planning as incorrectly being tasked with the appeal. 7 Applicant therefore files this appeal to Building and Planning Directors decision under protest as g he was not entitled to provide a decision as to the Finance Director's decisions involving denial o 9 business license applications for HBMC sections 5.04 through 5.16 as clearly set forth in HBM 10 5 08.310 The applicant has the right to appeal any decision by the Finance Director within 15 days an 11 file the appeal with the City Clerk and have it heard by the City Council and/or designee. Failing t 12 provide Applicant the right to appeal the City Finance Director's decision and then arbitrarily reduce the 13 14 appeal time to 10 days instead of 15 days is illegal and constitutes a violation of Applicants due process 15 rights under California State Constitution Article 1, Section 3(b)4 and in violation of 42 USC 1983 16 More importantly, the City's decision fails to set forth the necessary permits that the Applicant 17 would need to get approval for when the use under HBZSO 204.11, is clearly designated with a"P" for 18 the applicable zone for use involving general retail, which is what Applicant is seeking to use the 19 property for. In other words the City has no basis for its denial. 20 M. CONCLUSION 21 22 Based on the foregoing Applicant requests that the City of Huntington Beach issue a business 23 license and permit for the operation of a medical marijuana dispensary More importantly, the City in it 24 denial letter has failed to specify what permits Applicant would have needed and therefore demands 25 statement of what permits it is referring to in order to properly prepare for the appeal of the City' 26 decision so Applicant can properly prepare for the prosecution of the appeal Applicant files this appeal 27 under protest in that the City failed to properly consider the business license application,has in bad faith 28 changed the appellate procedures for appealing a decision by the Finance Director which Applicant i ATTACHME�4TItem 12. - 135 Llr% " Q DEMAND FOR APPEAL OF EHB -901,ICENSE APPLICATION DECISION I entitled to and because it is shortening the appellate time from 10 to 15 days without legally authority t 2 do so and discriminatonly rerouting the appeal to the Planning and Building Director without authority 3 to do so and without establishing that the City Council has designated the Planning and Building director 4 as its designee for the appeal. In addition, by not allowing the Applicant to submit the appeal by US 5 Mail as all others are allowed to do. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT NC►. • 10 - Item 12. - 136 DEMAND FOR APPEAL OF IHB -902 JICENSE APPLICATION DECISION t City f Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca gov Planning Diusron Building Division 714.536.5271 714 536.5241 July 24, 2015 NOTICE OF FILING STATUS APPLICATION PLANNING APPLICATION NO. 2015-147—APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT HBCG Cooperative, Inc , Daniel Richmond, Company President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Robert C Autrey, PO Box 90639, Long Beach, CA 90809 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant, NOTICE IS HEREBY GIVEN that the Planning and Building Department has received your Appeal of Director's Decision, received and dated July 17, 2015 NOTICE IS HEREBY GIVEN that on Tuesday, August 25, 2015, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the Planning Commission will hold a public hearing on the request described above. Please note the applicant is allowed to present to the Planning Commission up to the pre-set amount of time of four minutes Additional time may be granted to the applicant at the discretion of the Planning Commission Chair If you would like to request more time or if you would like to make a detailed presentation with PowerPoint, please contact staff pnor to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or iiames(a�surfcity-hb orq Sincerely, Jane James ATTACHMENT NO,_ ,. Planning Manager copy. Robert C Autrey, PO Box 90639, Long Beach, CA 90809, Property Owner Phan Property Management, 1209 E 7'h " -90,' ong Beach' CA 90813 HB -3- Item 12. - 137 James, Jane From: Tracy Guerra[tracyguerra@msn com] Sent: Wednesday, August 05, 2015 5 43 PM To: James, Jane Subject: planning application 2015-145/ 17416 Beach Blvd Attachments: 20150805173443745 pdf hi -concerning this hearing that is set for august 25, 2015 at 7 pm for planning application 2015-145, requesting zoning approval to establish a medical marijuana facility at 17416 Beach Blvd: i am an attorney representing the owners of these premises the owners object to the granting of zoning approval in this matter further, attached please find courtesy copies of a 3 day notice to pay rent or quit, and a 30 day notice to vacate, being served upon these tenants at this time if these tenants do not vacate these premises within 30 days of service of the notice, my office will be filing an unlawful detainer (eviction) action against them immediately thereafter i believe that the property owner's objection to the granting of zoning approval, and the tenant's pending termination of tenancy, should be considered as factors in this matter please let me know if this email is sufficient for that purpose, or whether our appearance at the hearing is necessary to make that point to discuss further, please call me anytime thanks-tracy Tracy Guerra, Esq. LAW OFFICE OF TRACY GUERRA 235 E Broadway#314 Long Beach CA 90802 (562) 997-9690 Item 12. - 138 xB -904- &TTACHMENT NO-ici. THREE DAY NOTICE TO PAY RENT OR QUIT- COMMERCIAL TENANCY To- Danny Richmond And ALL OTHER OCCUPANTS of the premises located at 17416 Beach Blvd,Huntington Beach CA 92647 Within THREE DAYS after service of this notice,you are hereby required to pay the landlord or his/her authorized agent the rent of the premises hereinafter described,of which you now hold possession, amounting to the sum of$20,000, being a reasonable estimate of the rent due(pursuant to C C P section 1161 1)through 8/31/15_ OR QUIT AND DELIVER UP THE POSSESSION OF THE PREMISES YOU ARE FURTHER NOTIFIED THAT,the owner/landlord does hereby elect to declare forfeiture of your lease or rental agreement under which you hold possession of the above- described premises and if you fail to perform or otherwise comply,will institute legal proceedings to recover rent and possession of said premises,costs, attorney's fees and punitive damages as allowed by law. Acceptance of a partial payment of the amount shown above will not constitute a waiver of the landlord's right to commence and/or pursue an action in unlawful detainer to recover the balance of the rent due and possession of said premises. (C C.P section 1161 1) Dated. 8/6/15 Juliearme Phan,Phan Property Management Person to Pay: Julieanne Phan Phone No (562) 218-7601 Address to Pay 1209 E 7`b St Long Beach CA 90813 Days/Hours to Pay.Mon-Fri, 9arn to 5pm ATTACHMENT N0_ Lo •2 HB -905- Item 12. - 139 30 DAY NOTICE TO QUIT Tenant(s) Danny Richmond Premises 17416 Beach Blvd,Huntington Beach CA 92647 YOU ARE HEREBY NOTIFIED that the tenancy under which you occupy these premises shall expire thirty (30)days after service of a copy of this notice upon you, and you are required to quit and deliver up possession of the premises to the undersigned on or before that date IF YOU FAIL TO DO SO, legal proceedings will be instituted against you for possession of the premises, for forfeiture of the rental agreement and monetary damages as may be allowed by law YOUR RENT REMAINS DUE for the period of time up through the termination of your tenancy Failure to pay any rent as it comes due may cause your tenancy to be terminated sooner than thirty(30) days. YOU ARE FURTHER NOTIFIED that you may request an optional move-out inspection and to be present at the inspection The inspection must be performed no earlier that two(2)weeks prior to move out Call to schedule an appointment at(562)218-7601 YOU ARE FURTHER NOTIFIED that State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed In general,these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out Dated. 8/6/15 Julieanne Phan,Phan Property Management Item 12. - 140 HB -906- ATTACHMENT Na. ATTACHMENT #5 r� Citv of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca.gov Planning Division Building Division 714 536 5271 714.536.5241 October 19, 2015 NOTICE OF FILING STATUS AND PUBLIC HEARING APPLICATION PLANNING APPLICATION NO. 2015-147-APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT HBCG Cooperative, Inc , Daniel Richmond, Company President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7th Street Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or iiames(cD_surfcity-hb orq Sincerely 11,V, �' ne James Planning Manager copy Property Owner, Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street Ste 350, Santa Ana, CA 92701 xB -907- Item 12. - 141 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Budding Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File Item 12. - 142 ies\mmd\PA 2015147 17416 Beach NOF CC 10"HB -908- 2 ATTACHMEN T #6 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER MINUTE ORDER DATE- 05/29/2015 TIME: 01:30:00 PM DEPT C11 JUDICIAL OFFICER PRESIDING:Andrew P Banks CLERK Myra Nakata REPORTER/ERM: (ACRPT) Jay Bullard CSF4,�3455 BAILIFF/COURT ATTENDANT- Kathy Arbarez CASE NO. 3D-2D14-007455ii-CtI-MC-CJC CASE INTT.DATE- 09J1612014 CASE Tf T LE City of Huntington Beach vs Richmond CASE CATEGORY- Civil- Unlimited CASE TYPE Misc Complaints- Other EVENT ID/DOCUMENT ID 72169238 EVENT TYPE Motion for Preliminary Injunction MOVING PARTY. HBCG Cooperative Inc., Darnel Garfield Richmond CAUSAL DOCUMENT/DATE FILED: Motion for Preliminary injunction, 0413012015 EVENT ID/DOCUMENT ID: 72169239 EVENT TYPE Motion-Other MOVING PARTY HBCG Cooperative Inc., Daniel Garfield Richmond CAUSAL DOCUMENTIDATE FILED- Petition for a Writ of Review, Mandate, or Prohibition(Other than a writ to the appellate division), W3012015 APPEARANCES Cnstian Peirano and Sean Bozarth, from PEIRANO &ASSOCIATES, INC., present for Defendant,Cross - Compiainant(s) John M Fujii and Michael Vighotta of City of Huntington Beach plaintiff Hearing held Court having considered argument from counsel both written and oral now rules as foliows Petitioners Darnel Garfield Richmond (Richmond) and HBCG Cooperative, Inc.`s (HBCG) (petitioners) motion for peremptory writ of mandate is granted in part and denied in part The Huntington Beach Municipal Code sets forth a clear and present, min:stenal duty on the part of respondent City of Huntington Beach's (City) Finance Director to accept and consider petitioners' applications for business license Section 5.08-180 requires any person seeking a business license to submit an application to the Finance Director and, in conjunction with section 2.15.030, imposes a corresponding duty on the Finance Directorto accept and considerthe application. The court therefore orders the Finance Director to accept petitioners` applications for business license for consideration The motion for peremptory writ of mandate is denied in all other respects_ A review of the City`s relevant code provisions shows it is not required to automatically issue a business license upon receipt of an application and payment of relevant fees Together, municipal code sections 5-04.060, 5.08.180, and DATE 05/29/2015 MINUTE ORDER Pagel DEPT C11 Calendar No HB -909- Item 12. - 143 CASE TITLE- City of Huntington Beach vs Richmond CASE NO. 3i�-2Gt�F455� €T-1C-C��G 5 D8.360, and Zoning code section 240 02 provide the Finance Director and tree Pianning and Building Department with the discretion to grant or deny a business license, and expressly arohibit them from issuing a license in certain situations Therefore, unlike a true receipt, a busrles.s license is neither automatic nor guaranteed under the City`s statutory licensing scheme (See In re D-B (2014) 58 Cal 4th 941, 945-946, People v. Piete s (1991) 52 Cal.3d 894. 899 ) A writ of mandate will not tie to compel the exercise of discretion in a particular manner or to compel an act the law prohibit (H-N and Frances C Berger Foundation v. Perm (2013) 218 Cal.App 4th 37. 46; Orange County Lnptcyees Assn. ea Count' of Orange (1991) 234 CaApp 3d 833, 845.) Gross-complainant HBCG`s (cross-complainant) motion for preliminary injunc Son is granted in part and denied in part For the same reasons discussed above, the motion is granted to the extent it requests an order enjoining the City from refusing to accept business license applications mid relevant fees. The motion is denied as to all other matters As to the challenge to the validity of the urgency ordinance the Court fends that such a challenge must be made by way of a separate cause of action and grants Petitioners 20 days leave to amend if so desired It has been raised in response to City`s sur-reply The Ciry and its officers, employees, servants, and agents are hereby enjoined from refusing to accept business license applications and relevant fees through the pendency of this action or further order of the court The Miscellaneous Hearing is scheduled for 06/0212D15 at 09:00 AM in Department- C11 Court orders counsel for defendant to give notice DATE 05/29/2015 MINUTE ORDER Page 2 DEPT: C11 Calendar No Item 12. - 144 HB -910- ATTACHMENT #7 240 02 Zoning Approval Page 1 of 1 Huntington Beach Charter and Codes I Up Previous No Frames ZONING CODE Title 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS 240.02 Zoning Approval To ensure that each new or expanded use of a site and each new,expanded,reconstructed or structurally altered structure complies with Titles 20 through 23,zoning approval shall be required prior to issuance of a building, grading,coastal development or demolition permit, certificate of occupancy,business license,or utility service connection If any grading or scraping is proposed as part of a project, a survey of existing topography on the site and adjacent land within five feet of the site boundaries and any proposed changes in topography shall be submitted to the director for review and approval prior to issuance of a building permit, grading permit, or demolition permit.The contours of the land shall be shown at intervals of not more than five feet. Grading or stockpiling which involves 25,000 cubic yards or more of import or export shall be referred to the Planning Commission for review and approval prior to issuance of the grading or stockpile permit (3334-6/97) View the mobile version HB -911- Item 12. - 145 http.//www.gcode us/codes/huntingtonbeach/view.php?topic=zoning_code-24-240-240 0 .. 10/23/2015 ATTACHMENT #8 5.08.360 Zoning and Other Regulations Page 1 of 1 Huntington Beach Charter and Codes alp Previous Next Main Search F�rint No FraFr►es MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 08 LICENSING PROCEDURES 5.08.360 Zoning and Other Regulations No license shall be issued to any person failmg to present all appropriate zoning permits, or who has failed to comply with any other provision of this code.(3603-6/03) View the mobile version Item 12. - 146 HB -912- http://www.gcode us/codes/huntmgtonbeach/view php`topic=municipal_code-5-5_08-5_.. 10/23/2015 ATTACHMENT #9 ORDINANCE NO. 3 7 o 3 AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204(USE CLASSIFICATIONS)AND CHAPTER 212(INDUSTRIAL. DISTRICTS)OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO INCLUDE MEDICAL MARIJUANA DISPENSARIES The City Council of the City of Huntington Beach does hereby ordain and find as follows: FINDINGS. The issuance of permits for medical marijuana dispensaries presents a current and immediate threat to the public health,safety, or welfare,and the approval of permits for such facilities would result in that threat to public health, safety,or welfare, and potential violation of Federal law This finding is based upon evidence received by the City Council that medical marijuana dispensaries have negative,secondary effects m California cities where they exist and upon the determination by the Federal Appellate Court that such dispensaries are not legal under the criminal statutes of the United States. SECTION I. That Section 204.I0 of the Huntington Beach Zoning and Subdivision Ordinance titled Commercial Use Classifications is hereby amended to add a new subsection R to read as follows: R Medical Marijuana DisQensary or Dispensary Any facility or location where medical manjuana is made available to and/or distributed by or to three or more of the following:a primary caregiver, a qualified patient, or a person with an identification card,in strict accordance with California Health and Safety Code Section 11362.5 et seq. A"medical marijuana dispensary'''shall not include the following uses,as long as the location of such uses are otherwise regulated by this Code or applicable law: l. A clinic licensed pursuant to Chapter I of Division 2 of the Health and Safety Code, 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; 3. A residential care facility for persons with chronic life threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; 4 A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; 5. A residential hospice, or 6 A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code,as long as any such use complies strictly with applicable law including, but not limited to,Heath and Safety Code Section 11362 5 et seq. SECTION 2. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance titled IG and IL Districts: Land Use Controls is hereby amended to include in the Use ordl05 zoning chp 204 end 212 manjoananA MS 1 HB _913_ Item 12. - 147 Classification-Commercial Uses,Medical Marijuana Dispensary,to be zoned P(L-13). Subsection L-13 shall read as follows:. L-13) Allowed subject to the following requirements: A. A proposed medical marijuana dispensary shall be at least five hundred feet(500') from any residential use,school,park and recreational facility,or any building used for religious assembly(collectively referred to as a "sensitive use")and at least seven hundred fifty feet(750)from another medical manjuana dispensary. For purposes of these requirements, all distances shall be measured from the lot line of the proposed medical marijuana dispensary to the lot line of the sensitive use or the other medical marijuana dispensary. The term "residential use" means any property zoned RL,RM,RMH, RH,RMP,and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot Iine of the parcel of land on which the medical marijuana dispensary is proposed which includes all the proposed parking and: 1. the lot line of any other medical marijuana dispensary within seven hundred fifty feet(750') of the lot line of the medical marijuana dispensary;and 2. the lot line of any building used for religious assembly, school,or park and recreational facility within five hundred(509) feet of the lot line of the medical marijuana dispensary, and 3. the lot line of any parcel of land zoned RL, RM, RMH,RH,and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500')of the lot line of the proposed medical marijuana dispensary. B. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building,the applicant shall submit application for Planning Department Staff Review of a medical marijuana dispensary zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten(10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete,the applicant may resubmit a completed application within ten(10)days. Within thirty days of receipt of a completed application,the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: Chapter 203,Definitions;Chapter 212, Industrial Districts;Chapter 230,Site Standards; Chapter 23I,Off-Street Parking& Loading Provisions, Chapter 232,Landscape Improvements;and Chapter 236, Nonconfortrung Uses and Structures. ordi05 Zomog c1V 204 and 212 mnjusn011aros 2 Item 12. - 148 1113 -914- C. The Director shall grant or deny the application for a medical marijuana dispensary zoning permit for a medical marijuana dispensary. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. D. A medical marijuana dispensary may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. E A medical marijuana dispensary zoning permit shall become null and void one year - after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first,or 2. The use is established. F. The validity of a medical marijuana dispensary zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. G A medical marijuana dispensary zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. SECTION 3. This ordinance shall become effective immediately upon its adoption 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 March ,2005• r ATTEST. APPROVED AS TO FORM: City Clerk 1 City Attorney REVIEWED AND APPROVED: INS ATED AND APPROVED: City A ministrator Director of Planning ord/05 zoning chp 204 and 212 madjuan"14/05 3 HB -91 s- Item 12. - 149 1 Emergency Ord.No.3703 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) 1,JOAN L.FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach,and ex-officro 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 21st day of March,2005 and was passed and adopted by at least five affirmative votes of said City Council. AYF,S: Hansen,Coerper Sullivan,Hardy,Green,Bohr,Cook NOES: None ABSENT: None ABSTAIN: None ►,JOAN L FLYNN,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby comfy that a synopsis of this ordinance has been published in the Huntington Beach Fotintam Valley Independent on 00'JJ 1 lArdr-. -3 ,2005 In accordance with the City Charter ofsaid city CU Clerk and ex-officio erk Joan L F1)mn,Ct Clerk of the City Council of the City VDeputy City Clerk of Huntington Beach,California Item 12. - 150 HB -9 16- ATTACHMENT # 10 ORDINANCE NO. 3788 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTERS 204 AND 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO MEDICAL MARIJUANA DISPENSARIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That language in subsection R of Section 204.10 of the Huntington Beach Zoning and Subdivision Ordmance is hereby deleted. (For clerical purposes the letter"R" has been retained.) SECTION 2. In Section 212.04 Land Use Controls, reference to Medical Marijuana Dispensary and Provision L-13 are hereby deleted in their entirety. 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 19th day of November ,2007 a A 06.0 or ATTEST: pAga) INITIATED AND APPROVED AS TO City Clerk VORM- REVIEWED AND APPROVED: City Adorney tr•Zg"o:�— City Abministrator REVIE AND PROVED: Dir&cto-rvof Planning 07-1118/11"2 HB -917- Item 12. - 151 Ord. No. 3788 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 November 5,2007,and was again read to said City Council at a regular meeting thereof held on November 19,2007, 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, Coerper, Green,Hansen NOES: Cook,Hardy ABSENT: None ABSTAIN: None 1,Joan L Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 29,2007 In accordance with the City Charter of said City JoW L Flyp&City Clerk CA/Clerk and ex-officio erk Deputy City Clerk of the City Council of the City of Huntington Beach, California Item 12. - 152 HB -9 1 g- ATTACHMENT # 11 04 18 Prohibited Uses to s`L a 0, NG C �-�,�"f_ ��8NQR&11R '{ vJ.5MS' Cllanter r4 USE CLASSIFICATION � w ,' "t\ �`�� �,� 204.18 Prohibited Uses A. Purpose.In order to expressly inform the public that any distribution of marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc, is prohibited in the City of Huntington Beach,the City is adding this express prohibition to the Zoning and Subdivision Ordinance. B Definitions.For purposes of this section,the following term is defined: 1. Medical Marijuana Business,Collective,Cooperative or Dispensary means any location, structure, facility, vehicle,business, store, co-op, residence,or similar facility used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the distribution of marijuana C. Medical Marijuana Businesses,Collectives,Cooperatives or Dispensaries. A Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City It shall be unlawful for any person or entity to own,manage,establish, conduct or operate a Medical Marijuana Business, Collective, Cooperative or Dispensary Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Medical Marijuana Business, Collective, Cooperative or Dispensary in the City (4059-5/15, 4058-6/15) View the mobile version HB -9 1 9- Item 12. - 153 ttn//www acnde na/cndea/hnntinutnnheach/view nhn9tnmc=7nmmP code-20-204-204 I Uframea=nn[WI R/2015 6 01 35 PMl ATTACHMENT # 12 04 02 Applicability ZONING CODE 14 T- d 6 FETE4*11 PROVISIONS-, s �` r b er ( Ft �3 � �� �,� �' 204.02 APlicabilitv Use classifications describe one or more uses having similar characteristics,but do not list every use or activity that may appropriately be within the classification The director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this title The director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification The director's decision may be appealed to the Planning Commission (3334-6/97) View the mobile version. Item 12. - 154 HB -920- ttn//www nende n¢/c•ndee/hnntmutnnheac•h/view nhn9tnm(=7mmmu c•nde-20-204-204 02&fr2mee=nn[R/1 R/2015 6 02 21 PMl AATIACHMENT # 13 .� jp / /f� •.. 1I 1hhd1 _ xavt sbci E -.a ..•..� _ e GgldlAaNOrs -- P11wIe d t)GomwwwMy eMA hors b'}�16 PPdlltl umldmanr WA j�u,F]fI[�i C �9ttrlldldAwl6uys tj II - Sknenl •enr�nrem[ WA ! WL.]rli '` }--•- ♦ f Al Frtf�d i 01Wdlg►dla►ilxMla[ail l d{!1 -ausl�r® 9n 1f �,. AMkML1IM tAffics .�. � �4ra.4utalresewt d 16ep+tatlrn REP-t1 +..Caarann. lnn.kb r7 IItEtlYID f.![R J 1 [ .......I J p itPenuxal8ee+r#a YrantDwNC [lre Ica [I�G,3 a '"3 : LL f jj rp iNrNl YM1K[#IpWLpI�IPYrCIi Cd 7im t'F INEA 7Mn*dNmeet Slrnq<"w rd &max Cam let dt Frt Ar E 74xat�nl R7ughpImmcd I ilL_IL43FeeeltYardSetbadc k 4 LerYc Scde Can®vnd Geedt NC rumemt-Bac6 70 RlCtlsa CA 7T - tiC nlelRrm•aR rihtrDomA.eeh 9tl fl li A CI7 rol vaL dt C. r *rA-k C.tt R f[ ci B Ek �W e Ysrd t dints roNmd NO R at i ml �wlmdmws _ 3fl 45 RearYmd Setback I � y� LyJ-"+. \ .tom � #teeld®Ifil niewm Sil 47 Rega C e 11FIdb P "I hWWUutl Eftfro 1 mimlremoi C14 A CIS 1+dm m6 N mm 1 OOD 2. aAU*Aod P - sre[eldea i C14l ClS} -+N etMret wtt '/6'Ss EI — I_'f d riee�c6 Y 4 6 ca 9atw�een 9 5 rt 111n Itl A ° Devd wpmtrt Standards Charts Legend: ■?1lRvke®rrend CoMw 00 hm" aet mmma .� q'n ia.wr..,.-Y.+..r..+✓n.. aa,wue.n M nvd..an i Gwacr$tanr ,� �r..+r rr tie,atta�. lcr.n.y-w.s�..=�.w:nra.K.rwor�.�:. mo e.ru.rn...r �y a>w utns,rcypnlw -�_ .ae.. xxe [ gyp.rwaaegmmrwaxe rlwv.e.�w�rrrem s. ror ■.n tjeB CrbNKr +H n�..lbrwn dtaph..+a.A. non S.rt cMmM 4.1n1 v.svnv x, .a Aftbrd" Le In et Uor - IeM nr.rM s3f FFr'kw .s.mt sa.r.a#re «n e.,�re.amae.w..pwm t wa.w rw►wnwwt+arwwawm�nrx M1"'r,w.ww ew. r.�.rtr,.r..w s) C reHm M q W �..�ry...p.ddrrnlexa�h�:r� m.xq.q.F..�Mdgrimoteyrt�5rwiaryFrw ��^^ -=,dr..�.tr.,r.�.,rnn berbtlol9tstetr <. RE p m-w r. r mar.-..r..d...,.r.�t+.r.,u.�n,++ns .[,y,.aw.:r..ly u..w.a r.a e.exa.r,.a...�-nr 9'myinan of Hc'N SnLett- serden j5 aerr..�a.ruaa�rt� r.d n t.w.w�u... -....w. °idir`w� '� tl.e...r nl'-': wr nw.abx.�s.Aa.n.ttwwr.d l� Rloxlct Nn ..,..x.w tr.. f[ws�tlnaA.4q then W+i.0646q F..dRe r, PA rhew[aggm>4een.o.w aMm,weH�en.l eiml� $1ocic TBOdR i,. waw,i]T IedMee li�fYlwltl._._ r en Sfragm�.MneYw h.rirdael Crrw 6W.l amlph�O�aNiwIr�eNlrgMM�wr9'.4XmdllNwep n�rF 'IhdU/W.e'le4i. Y/1. 4tRexfes P: ml Rletln Z •Ali rbo �,wr...rrt-.mr+w�.n. .cr►rm nee n+Ma.�,r.. 3.7 5 BnNdln 4. - pqlwdw.. wmwurr « e..rcnnr�w.wr.r ..w,.a:rwsa.. _... xrwnindwnet aired _ etd aF µ lope 6b tar Pros a '4n d Ean YtM Wett Cantrece m pr+a7 r rr,.-,.a.....ow.�v>t e..�w.E.laar r..narar�.nrn rw++r.trams.n. tnro N+w .rw.w+uha•m+•b• wlltltul® _._ GGFlllll _ "•` L eretw q/e ut 4ams am dr afy r.r S£ResLiemki yr..rwe�.r[r.r#rl w eael+.a Auy .. _ r.ctse�a.>,c m,..e.��n+d-w��r+«r+�ir�+�•�w m _ IiW 1t C[. rm not txe{dred. dr E on�.,.a r..er,.uw w•rkrnMNel.a.w...rr+e��wew•�• nli•°.rest.xonx.e.Ngrvlal.. 3d. IBuffd - Lltallt � err 5taeEi q Ki _ .l�.n.rsrinrtahrwerMFrs+wr++/� Ited Caruera -wxerdrneee 930R[C1D) xcsY t t.n,wy rwnr.e..b,. arti.nr.YrwrteetMW. w+aw.wrrr rr.r,rw�e..oa.rr.....er I Strtsi O �n�nt.esewnt�w+r�ea.rera fiM ian.aw.yrdt�.r �Hed llfid-81rtk •aawia�r FAR, .tWtr.maA '"A' � "p__. ��� iyeladodSMret O �aer�arestserJNane.rdtwlt+rsusexi+r Rag wrkro..n�..»lw..tarM��» 3L TH m SL 7EN+ -1'oilK B. wl` 6t. rmEta9 tro rr«a�an - e�-r M9 trartrr 1 r cm CD - st Etl to sL 7II �uwn u.e. a.n v�...eur 2 I--a [.Jl "q f-o- CD MIT • — _ - x a l Patdtmen al 2msom 1►n x95mmt 11 PJikl r e s Aeldll b.f ll0W s1[CY]('LYtY Rom Ancbm 11 {.'hie Cld9tral a4 _ _ i@0Q l T J minJ mma� !I} Idle ltaaa It a vr4ldR Sao kel raf#7mmm C91 ai zm 6ltwhihtrleada5a$1�tlYi L itmnSaa rm S o..f.sa9ax 91) F:2 PahtlC S Gfeds92UtW AmIda tLf. ♦mmfmw4% 93 IIPf[to115 IfefNfh whho mhc P l t&apaU o✓a Fwtaa'tNaaaeati Raawlaw mnik f hei ara Chk ak Gubuat de f l lumst aemflamx OKllce Idt If[711rae ao art nnexlpwal eomlwr of Tara de el. €amreae 1.4n arra .h Uw VAwk apam W IM LL 4 m3o+of mmxWan sign pmobwa Rmdealler laeaRoa ws N-Sol the owfdeoaam fk! 2fRe f T S!ac a:S) Amlabed as mamumme A Graoed h)betaded slhjt%-Vmmy ll9olwi ow Iwo!r - fmnli mmdr somberatfaas x a4PublcopenSpaoQW lacatma wRida Soo le4m ^ - t art t Fmk Pffo"dEulddneett#erflam mffzb v e m3ar 51 Ltraw Gmm pumwed PW IM Lr 5 ma CI1 MO.d } afre m-ur 4 calla wato 5"1):d 6frA'aa Aw Pura PeRmfilEd coffinerew Bosch A vwlwo saw Pde Mauemad &iawfr jl ilB-AhCk t;ee,pl P. f low ff �berofr� 2 C Ple loeftiaa .10"loufm "ohm—bAcH 14A romemam pumilbed Chu A Cbltoml am" t Pecho rarwmayzrumw soom yet lm0 of 4 naa?oe ma bmal wyl A 6.5FAvfte m b—fl— wieem5m&d madmum area 9asf lA F C. .ra emd ttdln-P-r mi..A KValammy d 1 Pfi9ah Yud left INN fA 3 5 mlm/4 mac os 35,f A � `Q Porch bcs"m wft sm Fom S t�3 4 Raoitf ➢mkarGwdeA I ftlfiu-Medarat m Is( pl1 1Boc - a scea rlow f.L 4.5mnt3Tn *Ill ilea 6 6 Stmlrarater MlarAWff t wt k—om walme5m fm om faa zo ag art EY ai meats PracUms 1 Lod - - - twt rad r roan lmleJramn fWwo t7 SW"WnllmW kralow wwtf 1 h9ema 173af So stare Cae/ral BMFf Lhs-Want � he qww SMPa mew guam pff mll 1 edaf t mu Sea afkttffh3z t t`'1 CaMnIHMA I ?PIN-PP aaaat I kftrboal 9m al a i lecad" whom fod Fad. a a ud wkad must dffd mumeo xha Cif mgfdame —he 6 k.. 2n fwoa m hw 11n .5 stawkArm gpw=pw dadif A I hr mdf 1 mm mnaf>nmwulb M mmf5,wm Pfthutkt Block Sethf kArm m Ah =4 2eda suet of i a]. Ir 36rhWt T5oe. ha-C-ou GI h1 Patitw Lsralm m a 1 er to oodd 5 foi. S per amfl fewllmtffi t hexer k less t iR.h e 24 m ae.aa faezhmtmwldth ZA wLmlb s y la�moM Lrea __ 1 sips of l.t*i—n t. d R LorMad StraeT[.ani4 m.gat 4 Ct7R/r- a letokr Rink ffiatbar A"mM f " low LE f iloa13 rsfY[ lu-b- w Sim a Gramdcaeer ,ad Calf it alert naslamm ales loxorm*rwa sorAca o hAa 111 9r. m noft 6om lmdaa oo arts naslolomfarn 2ssT >'z .w 63 rr Saerafe Lot-Fmmtt Ul madmw av sancfr wmaow ;-- Serftsf bat-�iAe _ _. ::. s.nc�e Lft.g� aaaaeame Lot. ped Ulm Y Sh.ee,,,f- d G alu..w.c-w a.sraewa l apt 2 7PmiErVkegrrlatlam Note 7hr m=mmm mtmber Tfe-w •wterns Su Pfdiad ofp-*S spacer petraltled 0,*oppolea to pM*txg uaa ea msd sparer that are provided in.stnface parAmg lair 23 C� [V m~ 21 BuimNG UsE REGulJ171(3AIs c)En�ShitnemtAnchotS __ _- t Ddhanon An.BtabhWunism provxt- diealan Deftmdon Small bimmenes SaUwg Small trek pharmeft -• For ilia purposes ofdas Plan.all peimmed and condbitioally panWfod btWdmg usea in$resources or ach"bas far ert 04W food and goods,or providing conv- Small scale grocery m food Saks • have 6emn skmw$rd mla Ilse 7jipea Each Use Type u dAud tp scoot hdow aid relaXid"w enwymmi that to at lost aience set,w",to sexy oaorbv r•udam- (5;w teace.alacoa ■ Includes uses such as dww b"in ttte arsompratymg Use Clsmla The Use Chart$ 15,OOt]square feat on an and is a pmvm aid magbbarhoods scorch as those lts oil Delicatessens,WAS ba beers a mdudo ipurafic petmoved,eaarhbnaal and prohinted each for a"Use 7)+ps and mks such dame ksted dam sb9fic and Sofia smelt=dials limed FFant4s + Uses listed es permitted m the UeVelopment 5tudrdaChatntre ilsrthat vWdalad H rdwase shwas/lack key • began and are ddried as asm penasto®d by nabs subject to approval of'a Sde Pleas 1havis avow Hasse hated as crinftenat m this sactrtat are d4ned as those which rmiwm Video,tmmmis • xpecran comidwatsou edharoftheir unpects an Iliac nesghborbood and land%sou in the &hrmkf tabllshmerrts Esimg&drml king aambhsF,moxlu man an&"of tbdrr phynseal aMaziummis&ad design A candtbmal ousts shalli be Defmmmn_Aoasauoata,bars,clubs at Rill service + wI less din 12 seats ■ considered for approved if the proposed use conforms with all mquaromanls Bpecifiod other dnakwWwAratammmmemt awalihoh- vd Outdoor thmall ■ Sin the conditional use policy,and if rsmfamos with tha goda sad vision olfthe Plan merits amcfi u thwa JgW c !A Bisilsau5ast leas jAil pemWkd mass its a Stuglc Crasser or Sew are alkywed atdttx aliarie or in W1 DMOIN a Mrairtan Small to medium mud Trim- DW&I ■ coin mmnou wnb any othar pe,mattcd uses widen a pared Proposed uses ibat sae not w Alcohd a "Sam,providing seavuea to facet base Mad 1 shin advm sea + expbcndr listed as the Use t'hwu may be peamrtted if it u determined by this Plainsong vendor crate,apam.or sands a acts"And re&dmts such as thou Meted mice f • Dit&Aw that the p rifiowd usxs nand the pwpose and rodent ofWc Plats Adull entertainment fact]sties ED Photo Ming&Printing • Legiod Special.Conditions for 6adng&hhobog Biumbltshmears special Conditions for 8a9oneas$ervians Fuwimr.r i)seicxrda c Nco Pcrnutrrd (1) nowemed services BW be permifti sn thus eerogory providing.drat they o (1) Vardar Carts,spates,or Btasda within de Public n0t-of-way shad require we offeryaviay 1hal coder to and geaerata pedamniia trattic Other • Indudad Use these uses are allowed by rt0a a to Site Plan Review a coadlRantil an Periwk 6naiivai servrcea uses are to be c+anstdered umaier"3}OEice"m this 2.2.1 USeTypes (2) chain and tdilm far ouWuw duimg sham be prmanttod un sidewalks MUM t within the setbacks zmw sod within tlee ytibhe right-of-way provided that t 1 Retail ma t l -.__. (a)7'he nee tauantesms a ins nr it�m firo-foot wsmk wuabshuged pasb�o �. - — Uafmmhan Small to mtahum sued Barbed shops/hair&nail salons e i a r) Crmueral Retail]iegiurmineaats stdewalk carttdor whmb is clear end unumpeded for pedeatriaa traffic ^ 6mamrietsea prorating.services to limed Tsm salons& + •" (1) Min a rawriur heighi for y{cund loud rolasl of all types a ffoustam Ib)The ass keeps Ilse fell width of the tnaWmg eaiammee clear and housthddo such aster limaed Y a&karma studsoa a x ra imuapertad for budding aomss �+(14)red foam door to cetlrag Use viavernons in on exishog bng ritldi d]ir olwsnmg axsabkahinaitS + may not be tesp med to meat thaa mqu remew bedf service itaumdroetmals 1 (2) Any uses featuring outdoor ades or outdoor stcuaga not clearly aaailbuy to use shad require a Cond p Personal Enrichment Sesvdcrs rnon�Use FernM eI ty DeEnition Omura]retail establishments A &ariovemy stores • Dwifimtu n Pionawm of instmaue" Dnve education selling guNtrryJR)Ceulty goods aside ar gook star■n ■ Ica wcec nr fwalnims Yoga,dance,martial arts,or colter thous listed An Oteries • fitness"m + a Goods ltrrdrots large ScaHr Goods goods tkmt,due m err markets + Fia■arts&crafts • Definition A"repanal damnation" Dc arhaanl stores • to thewas,Si raw rogUO4 aloft ataess Second band 1 sat ere atoms • Onon-food retail scan that n at Joni t'}wmal muthaq,drst arose ■ by sirs sad aualm arch at aplihan as Aplibunce&etectr[alas vitow • meicl ti rr 30,000 square fed m axe acid is a pmv- gook su stares 4 electronics,spWUBS goads,f arrimtra SWmng goods stores ■ Definmon Isusim uses praviding Plambmg scrvwes + Co geimvmrsr of agai6oanr pedestrmn Elcohoarm - was a and hum 8annhinga Ftmua ih &him fmrcmmsfungs ■ servtmes to irdus".services drat ass Vacum clear sawing,and apple- ■ 1relTia and sales such as dose listed atama industrial m note m,or services that are anus air Qualify kotna depratmem + - best suited to sit auto-assented•"ram- Go statmima a Went nNji as dmeat listed Oriented An",s -_-.. mmsrdal A - _ e hgo fornmercial Cgiaglj q IhBrabon A"local desimation con- SVmrmnkds ■ Waitron Establishments providing Smell scald movie dicaAm�a a t�^'TM^^klustrium whose primary lAtgdmwase Fetal ■ vevimce Moan ttsat is at least I5,OI1D Spewai food markeu • testy ma or whvities for exereaSd Sowhng amntera&billiard an a aixmlp is the salsa Of tepalr Oflaige art t retail ■ sq=v foot m amm>and is a pm mi Pha macies&orinvemdwe ralaxarman,or enjoyment sloth ar those health&taaramst obmba a scale/Commercial goods that am not Construction supply • grnerasor Of pedrm[rxan traffic end sales su mates a Isaled prutwulady WISH auiscd to ptdc>ariaa such as chose Irsted --. Arrwsemmat tvcades c dertncisard that require close aocen by Auto suM ■ f'nmmnmey oxtenaed andtwa t tars and rocks sash as tbase kited Auto esasw • Is-k" over 65 auga f 2tl 4) Lodeng 2.2.2 Special Retail Configurations Definition Bustnessw that sell airy Motor whide ado% ■ Definmos Shortaam commersad king- Bed&bre��si ucA hauaea • kind ofa mmnzed vefndesueh as them Fog feWitrasoch as those lased Heads r .} lltr.�nitioa listed Hauls&molels - • Special R.sud configuranow Imam the stasofwdavtdual tsnesSs and Ow WW anmawt and Came Stara Mail'ch errs"as 2) Civic and Cultural wet#as theprovision of ciav hmtlgh services I Dtintrom Serrroas(w4ludirig wines- Reh ors assembly c Live-work bon and orlrltesx cultural msnit$tana• Baseball,fbothall,soccer,teruus bdnaw A dwelling unit in which the r.avaarerk units • 2) RephtWu and roctasnonal fmaliues made avail- and odver spaits fend%said cwvts ° occupant rondeeta s bome•hasaf Inni- t Where retail is tted es of■ Coates. aWeta the general public fin free or at a mesa or astapriva } l boiglsb s=a dJocat Ctaenr Mate,a , Commum Gexttara c drr�sifutwgfi it ttbitq ean6oimi to ilir f'at}<twtng haze and locatemt xagmrmtauEs. s reasonable cog such as time hated Sduaitoonal faerlwra a 1 SP-W Coado—hx lj -'Wndt lndeat 12bba reetgrit a tsubma a (1) Work wAvsbas dW renters li +ewrxnift nmludtnS thbneadon, a) NaLrihborkwd CeM& Librariss a ntsatifiGuring repair, or pyociismg operations such as welding and Definttron A retail.cluster(two or mine abatflaa wad )oousistiag Exhibition,cone ration,or wafJ, , woodxralmg.,orveenea including Live handling ofammals rhdl requare a of(peaimtted)eonvmtas�uses.small-scale shopping,and personal sernces that ranee osiuuat Condmmal Use Peanut pravtde goods and aervioas amonsttes m nearby residential aeighborhoods Cay hat4 The nttmrimsortnamber of not tnclurhn the ownerlmc as�� �oY'� L uP� t) Special Coodnttons fur N�thochood�Sertwg Relall tainted to two pet wit. (1) Ltttaded m a maxnraim of two cmmmvuW encored armbors Cowi6arses Maswms (3) On=established,Lno Work ratty not be converted to a solely ooinrouacaal (2) Limded m a zoaxattam of23,DD0 square faux of non-onchur T%W rutnisaras user liewvever,LivaWork units map revert to solosyreandwnal. Sta use (3) Lunwed to a maximum sire of 5,000 square&et per Eating and Drinking fw i iwnuicludmg Las sparts towns a tisfahlrskmmntx Swhmmi s c 6) Reaidct0tlial (4) Conditions]Lea Pamnt Develapmetr mcltafmg non-anchored road uses i Post off la c Ilefumitoon All owoar-and[meter-owttpted dwelling unak inciudatg whidtad and cxccrdiitg a lots}of25,000 square fear Transit fwahnes,4ertmnd>r& detwled hnuxes,mtdtr-unit lixtiMengs,imnufWured and mobile lames . eealiona ° lt) CarsaeLrSlirnr t rolnoe sinuous&fire stations a 3 ldukF fain w fvt Delinittan A srm3l store or abater of stages uvfegrrrcd arts a Larger budding on ;D e�+ Definition Bwldmgs dengtied as a the earner of s wIy black Corner Stares consist of(pormeftd)conweatence uses. z µ" Office rexclz cefor muinple households Wh.,e, Dwelling anm,pnmarv,two or a haAall-aealt elypppm&and pmoW servneas thud serve homes or bumnes s lacalad some dwelling wets are accea w fium a more househo#ds per saucwre within easy wallimg dastawe oontrumv lobby entry or shared hallway Definition Warkplacr uses todudittg Research&devil offices a s) Special C Wiss fbs Cmntier Sem Retail professional edrmnnrramm researchFdiindtmal&xhahmhaaal off zer • (1) Amwmom onto of2.500 igmv fbeL pre use ea vy and devetopmen%fmaocral,and eduea ct .- pnm&alnansc media officer Mul[I-fainal with Itxllvld real @sl tans)am woos for burner,udirAu• (o.. .of ,ny cadre, • Iiefinihon Btuldnrtgs designed as a (2) Ainsxrmum size of 5,000 square fat total per cluster als.and 0e0-pra0t orgamxatwes such as ya rmdanc*for muluplehousdwlds where Dwalhag unsW prtmary.two or a (3) Candihonal Use Permit Indwiltial uses larger Oran Z500 square fed[ those lusted - all dvellahg units have a dedoeseed mace households Data or rdaautmanrcatiaria of- a entrmice acmmsed dlreetly from apubiro - pmvtdad that rive ice is miens and not ahxedy provided within erne(1} fins sulewalk mite trade area pt Any alhar Ixcfeasmnal,exuutI a __ or othentrtetrallYa af�Ca use (4) Comer State Retail in"be located an the,corner of a btock.and the U.__ entrance muse face a pabise sheet sgtisra,or plku space I Anarhed SlnoW Hornet De ini uw Adw hod bum..on se�ara a Dual# Holt aecessa • n) Parim i;spaces intended for Cana Stare Uses most bo hac"tea su" Medicalnesparcels sharing wmmon walls with eecA bwelltng nails,i'n y.tine street parking a discouraged for casner staax and shall require a condition el usebl , Defindion h Medic$worWave uses and Mdcli al&dead offices a(firth- hone fewuntig an eabsom accessed howhold structure permrt Gstabhahmeuts with empleyeeawith ties + throaty from a public ndwvwk C) DrfiWr-?y MU jh m method hocam woh as tloose listed Indoor vetwi dimes a ra Am pinm+rc.physiesl thtxapy, — De(fmtion Umce(lam a burWrng to persons in vehicles dtmugh an mildoor a nn chiropractor e 91 lie H arnica window h"'h Psychhauw a Dtfinrtran A deached holding de• Dwelt —t&---um • rigiied era racidntce Eocene fwasahold Dwellaig unsEa,pirmary,erns Mortuary srrvwea • housholds per Muekue c 00 r�l 29 N Q) l--1 i tit 2.23 Affordable Housing(Requirement d) Arbcdhweom Prn6imn ,a Ihs saim an contams standard and gwdalmes to a usure that affordablo boo m&is i) The taotidmisas of appoiro 1 far any project*0 mquras afftrdabte nags stall 3 pramdtd tloroikoow tba Specrk Plan meq,const w with the ary's General Plan speefl�the following ituor Houm%Flaaerrr (1) The number ofaEfordaNeumm, 1} lCdcgitislfOl; (2) The amaber of wits id each mcmae level uc defined by tie Cahferars He■ltb and SefoyCode and 8) Ge�erai (3) A list of mayorlier nimitwes offered by the City This zoi:nou shall apply to mew resideaue "am three(3)or mare trine in sou a) An Agile He suig AVoameat oirdaung all rdpects of the a&T&bW boummg psovamas shall be created between the aloplacani and the[sty and b) Rlgp&--&(aar,rrusrs of%-Vp-pr9Wv dtk) recorded with the Orange County RcomdWir O§cc prior to tssuauce of the i i) Asuous rtom of 10 perverst ofallnew nmidimttal taiusuuo him AWI be affordable first budding pe mn For rental projects,the Cary Do"luprment Agraentrnt I housing om$unless the propat is within the red velopmeut pwojea area,m shall be assd which case the equivalent of I percent of all acw residential toastrncoon Shall use)The Agreement rhall atpvWe an affor lab ihty term as speofied by Section be affordable housing units 230 25 of the HuntirWau.Berate Zorawg and Subdmarm Oriarce, a) A Crty Development Agmema nt slid]be requred fir proects trot include tv) All affordable on-sue hints to a project shall be const acted eonearrently rental-nits with or prior to the camotructimi of the pautuige prgect units w ila ss otharwise tit)For sale trouts-tchsdad ra the project shall be made avatlsble to moderate moved through a phasing plan k"approval(Oompirmy)of the first mcwrw houschobb as dagaod by Cahfmma Health ad Sandy Cade So mon market raft rasidmnal tunics shall be oomurgerrt upon the complain thud 500i13,or a uieeemor sheets public ova ilemirty,Or ovadeace of the apphouW3 reasonable progress towards. a[tarmmen►ofrmaplaaao,of the atfmilableunits P tv) Devratopors ofreadwuel psojetas may idea to pay a let to Um of pmovadmE dtc v) All affordable units shall be re-humbly dispersed t roughamt the praj W tiwb m sea erA fidfill the regaureraont of this tegstat sa iiJhawisd and prsrsaunt unless odtttvvtse a ninaccr shall eaotaun an the r4 t � to the req-uetnd-q of Section 230 26 of the RmAiagran 13aach Zarsaig and same number of beihoatns as the market rate ucrata an Elat proect and dull be C11 cy Subdtvrstrm Ordau mce comparable%vah the market rate mms.ra terms ofcntenorappearance.materials C� w v) Da%efopers of ieside_~+bh projects may elect to provide the sffard"units his and Luubed q-alny oe an off-,ate facmm If a8brdnWa umts me arises,shay twist be under the fit0 m caouol of the applicant,or otbar approved party and insist be located within the w) New affordable Dares stmli be oaiwrp-sal m the following manner Beach Edinger Caaidarrs Spepfrr Plan area boonddry (1) If reeiderdial rental ones are bemg derriolisted And the axtatarig tenants) vs.) New rendrimat prgpas shall include comsuticrto-of an viriYrely uew project wean dre obgibihry rtxparaohmrs,1uldho sbali be grvai the ighi arGrat or mew-arts added to an OUAWS ptrapact For purposes of dowromms the refusal taOccupy the affordable uumts(s),or reatoiied au-xber of affordlahla hooml;units,Dilly new roars.shall be sawiiad (2) If there are norqu"ed its,or if die qualrfred tenant(s)chooses not to nr examse the right of first refusal or of no demolition of roshd®iral rental -- e) off4 fe Consflfh7ti on 0-f4jllr&4e me Uni t° units ucimn,then qualuhed hoisebolds or buyers will be sehected i) Except as tiny he repaired by Califlunta 0overnmerit Code Section 65590 or a sai:eesaos stalata.davalopera racy prei•rdc the mquim;d affordable hutisurg DM C) 3aprfre BfAffordailik(raft w grit:,an am or severed sues,wethrn the City of Hwh[mgenn Beside m the Beach Affordsble houses cost-ball be calculated on wcordeoa wtrh the Code Scotian Qp Edina Corridors Specific Man area 5M2 5 siandods fir ownership ship units and Code Stion SDM standards W recital V it) Off-sits;prcyects may be naw construction or substaaeal rebabalu tioe,as uaats I" definudby The Cn&Secmm33413afftrdablehousmgproduencmretpnirementa, of existaeg nuer restrwtW units conduwaed span bawg recrmied to long-femr atta a bilAy 'AT Risk"mom mlemsfied as]he Housing or ocockl- Reri4raed Fees far. ar�Tde Homing lima maybe used to satisfy dus Mwtotttertt, Proyzis that exceed 0edaswomy regmrmunis on-sm wall be dtgtble ffr reduced el) All affordable off-heft lousing shall be cuniftoct d of rehabilmded prior to Cie'foes pursuant to an Affordable He amr,Fee RaihiWon Ordinance upon 4r oaamirenily with the Wtmay project b•md approvaa!(occapmcy)of the adapo°ii by&C QW Com" first market rate reudestiail shuts shall be otaatwgmt upon the omriplimm and r"".. public evarhabuhsy,ur ev-faux of dia nppltsam's rcummablc Fwass towards art inunew of completion,err the affordable mats Preemets that meet ere-ffordabrhry lirovistoos of Semen ZM 14 of the Husimagmn Barth zoning a ud Subdivistwi utdtntanc fur density bonus shaG ba graded an agenirve(s)orcocccssaoo(s)pursuant to Section 230 14 31j ATTACHiVIENT 14 City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 - -- - (714) 536-5227 + w-ww-huntingtonbeachca.gov ffB7)_T908.`P�j � Office of the City Clerk Joan L.Flynn, City Clerk October 23, 2015 NOTICE OF PUBLIC HEARING APPLICATION Appeal Of Joint Decision Of Planning And Building Director And Finance Director To Deny Zoning Approval And A Business License For Medical Marijuana Dispensary At 17416 Beach Blvd., Because Dispensaries Are A Prohibited Land Use APPLICANT HBCG Cooperative, Inc, Daniel Richmond, Company President/CEO C/O and to the Attention of Cnstian L Peirano, Peirano and Associates, Inc, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7ti Street, Long Beach, CA 90813 REQUEST To obtain zoning approval and a business license to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the City received your appeal of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 Pffi in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes if you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding this appeal, please feel free to contact me Si rely, Jo Flynn City Clerk copy Property Owner, Phan Property Management, 1209 E 7ti Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Michael Gates, City Attorney Scott Hess, Director of Planning and Building Jane James, Planning Manager Michael Vigliotta, Chief Assistant City Attorney John Fuju, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Sister Cities: Anjo,Japan ® Watakere, New Zealand Item 12. - 160 docx 1413 -926- Pnnt Request Page 1 of 2 Request: 24176 Entered on: 10/27/2015 3:32 PM Customer Information Name:Mark Rosenberg Phone.2036878877 Address: 17111 Goldenwest St Alt. Phone. Huntington Beach, CA Email:Markrosenbergmusic@gmail com 92647 Request Classification Topic:City Council -Agenda & Public Request type:Question Hearing Comments Status:Closed Priority:Normal Assigned to:Agenda Alerts Entered Via:Web Description I am writing a formal complaint about the city council's treatment of the Surf City Collective and the community it serves Medical Cannabis is a safe and legal alternative to harmful and unpleasant drugs, used by many to treat numerous health problems The people of CA have spoken for years in support of this Despite this, the city council seems to have harrassed SSC and others like it out of a dislike of their mission I know from experience that actually going to a place like SSC, vs getting delivery, provides an opportunity to see and learn about specific strains that will help different conditions, similar to how you can ask the pharmacist at cvs about certain drugs You, the council, have effectively destroyed that capability by shutting them down Now patients must resort to having delivery, which is alarmingly similar in feeling to having a drug dealer stop by to deliver the goods There are cancer patients, hiv patients, depression patients, and countless others that you are leaving stranded, as though they're some unwanted population of'Surf City ' I really like this town, and I'm proud to live here, but you should really readdress the way you see places like SCC, because they are simply providing a service that YOUR community wants Reason Closed Your comments have been received by the City Councilmembers If you should want to speak to a Councdmember, please contact their assistant, Cathy Ffkes, at 714-536-5553 or cfikes@surfcity-hb org Thank you for taking the time to send your comments to the City Date Expect Closed. 11/03/2015 Date Closed: 10/27/2015 5 22 PM By: Johanna Dombo Enter Field Notes Below Notes: Si IRf2 EWAAENT A It COMMUNICATION M,aeting Date: //— L—/s- Agenda Item too.&,, http //user govoutreach com/surfcity/pnntrequest php?cued=2423830&type=0 11/2/2015 Pent Request Page 1 of 2 Request: 24176 Entered on: 10/27/2016 4:29 PM Customer Information Name:Dea Franklin Phone: Address: Alt. Phone, Huntington Beach, CA Email-deanafranklin@gmail com 92648 Request Classification Topic:City Council -Agenda & Public Request type.Comment Hearing Comments Status:Closed Priority Normal Assigned to:Agenda Alerts Entered Via Web Description I have migraines and seizures, cannabis has long been one of the easiest medications for me to live on and suppress the seizures and migraines without harsh side effects I have been on prescription medication that made it near impossible to work or attend school I am a college graduate and run a brick and mortar business, I am not who you think you are protecting the community from by banning dispensaries Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed- 11/06/2015 Date Closed: 10/27/2015 4 53 PM By: Johanna Dombo Enter Field Notes Below Notes: A COMMLMICATION Maelkho Date. /! ` "Al //s Agenda Item No.LQ . ! Notes Taken By: Date: http //user govoutreach com/surfcity/prmtrequest php?cued=2423913&type=0 11/2/2015 Pnnt Request Page 1 of 2 Request: 24188 Entered on: 10/28/2015 11:14 AM Customer Information Name.Dylan Hensley Phone:9096331193 Address: Alt Phone: Huntington Beach, CA Email:Dylan_hensley@hotmail com Request Classification Topic City Council -Agenda & Public Request type:Complaint Hearing Comments Status:Closed Priority- Normal Assigned to:Agenda Alerts Entered Via:Web Description Medicinal marijuana has been decriminalized by our state government, and shutting down dispensaries such as this one makes it even more difficult for patients to receive their medicine The focus in city meetings shouldn't be medicinal marijuana dispensaries Closing legitimate businesses such as this one leads to increased crime rates from illegal purchasing of marijuana on the streets from criminal drug dealers This also leads to the misconception of marijuana as a gateway drug The environment leads to further drug use not the substance itself This city is taking jobs away from hard working human beings as well How would you like your job taken away from you because of another person or groups ideologies Marijuana isn't addictive, it releases stress, cures insomnia, stimulates diet, and so many more positive side affects Honestly alcohol is more of an issue in this city Dui statistics and automobile deaths would be a more efficient issue to focus your time on I hope someone reads this and realizes that these decisions have detrimental affects on the community you are trying to "protect" Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed: 11/07/2015 Date Closed: 10/28/2015 11 17 AM By- Johanna Dombo Enter Field Notes Below COMMIUNICATION ,,Mna6ing Ira#a• 11—• a�i -4:r Agenda Item N l0 //i /Z. L3 http //user govoutreach com/surfcity/prmtrequest php?cund=2424950&type=0 11/2/2015 Print Request Page 1 of 1 Request: 24203 Entered on- 10/29/2016 1.43 PM Customer Information Name:Donna Wallack Phone:(949) 500-9634 Address:16222 Monterey Ln#59 Alt. Phone. Huntington Beach, CA Email.donnawallack@yahoo com 92649 Request Classification Topic:City Council -Agenda & Public Request type.Complaint Hearing Comments Status:Closed Priority:Normal Assigned to:Agenda Alerts Entered Via:Web Description I am a 68 year old woman with severe arthritis and ADHD It is very frustrating to continue to have the Cannabis collectives closed down and I can't get my medicine I still work full time and pay all of my taxes, but I am unable to get my legal medicine because apparently you disagree with the law Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed: 11/05/2015 Date Closed: 10/29/2015 146 PM By: Johanna Dombo Enter Field Notes Below Notes: SUPPLEMENTAL isetirg Date: e:Agenda ltern NO. �Om Notes Taken By: Date: http//user govoutreach com/surferty/printrequest php?cued=2426900&type=0 11/2/2015 Pnnt Request Page 1 of 1 Request. 24204 Entered on: 10/29/2015 2:46 PM Customer Information Name:Deborah williams Phone-(442) 222-4756 Address Alt. Phone. Huntington Beach, CA Email deborah_71500@msn com Request Classification Topic-City Council -Agenda & Public Request type:Complaint Hearing Comments _ Status-Closed Priority:Normal Assigned to Agenda Alerts Entered Via:Web Description WHY are u taking our medicine away and making us feel like criminals? We are NOT hurting anyone) WHY should we take the POISON big pharma wants us to take? IT IS A PLANTIIIII I am SO tired of this BSIIIII WAKE UPI What IF your family members depended on marijuana to help their pain??????? Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed: 11/08/2015 Date Closed: 10/29/2015 2 50 PM By: Johanna Dombo Enter Field Notes Below Notes COMMUNICATION Meeting Date: //-- Agenda Stem No. 113 Notes Taken By. Date: http //user govoutreach com/surfcrty/printrequest.php?cued=2427084&type=0 11/2/2015 Pnnt Request Page 1 of 1 Request: 24215 Entered on: 10/30/2015 2:37 PM Customer Information Name:Gil Phone:(714)448-7213 Address: Alt. Phone, Huntington Beach, CA Email: Request Classification Topic:City Council -Agenda & Public Request type:Question Hearing Comments Status-Closed Priority:Normal Assigned to Agenda Alerts Entered Via Web Description How can you sit in judgement and refuse to acknowledge medical cannabis? I am not a patient but I have friends that are cancer patients and cannabis is the only thing that helps them endure the pain and give them an appetite so they have a chance at living and/or improving the quality of their life while they are alive please explain your individual justifications if you would I just cannot see it bur perhaps you will unveil a point that will help explain this stance for me and the majority of citizens who feel strongly that this is the wrong stance Reason Closed Closed No contact information provided Date Expect Closed: 11/09/2015 Date Closed. 10/30/2015 3 58 PM By. Johanna Dombo Enter Field Notes Below Notes: SUPPLEMENTAL C'OMMUNICATION Meeting Date: Agenda Item No. � _ I�2,R /3 Notes Taken By- Date: http //user govoutreach com/surfcrty/prultrequest php?cued=2428644&type=0 11/2/2015 Pnnt Request Page 1 of 2 Request: 24223 Entered on: 10/31/2015 08:10 AM Customer Information Name.Sabrina Regehr Phone. Address: Alt. Phone: Huntington Beach, CA Email: 92646 Request Classification Topic:City Council-Agenda & Public Request type Comment Hearing Comments Status.Closed Priority:Normal Assigned to:Agenda Alerts Entered Via:Web Description I was born at Hoag, graduated from Edison , went on to work and pursue my dreams and education at O C C i broke my neck working in the Children's Center and had to drop my classes Long story short, I have had chronic neck and back pain I just returned home from the Hospital after Major Back Surgery to discover my local , educated, marijuana store was closed down This is a painful situation ,and now due to ignorance, i will have to take addictive opiates that cause many painful and harmful side effects I would much rather use God given, all natural meds I guess I will give my hard-earned dollars to another city F Y I I am embarrassed for the lack of education in my local government Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed: 11/07/2015 Date Closed: 11/02/2015 07 55 AM By Johanna Dombo Enter Field Notes Below Notes: SPL _ TL. C.,OMMUNIC ATION - W8e111:g E)ate: lb r w Kam N,. http//user govoutreach com/surfcity/pnntrequest php?cued=2429038&type=0 11/2/2015 ® City ®f Huntington Beach ' 2000 Main Street e Huntington Beach, CA 92648 M1- (714) 536-5227 e www.huntingtonbeachca.gov P8 J),79U9 P Office of the City Clerk ` Joan L. Flynn, City Clerk October 23, 2015 NOTICE OF PUBLIC HEARING APPLICATION Appeal Of Joint Decision Of Planning And Building Director And Finance Director To Deny Zoning Approval And A Business License For Medical Marijuana Dispensary At 17416 Beach Blvd., Because Dispensaries Are A Prohibited Land Use APPLICANT HBCG Cooperative, Inc , Daniel Richmond, Company President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 REQUEST To obtain zoning approval and a business license to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the City received your appeal of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding this appeal, please feel free to contact me JSI rely, Jo Flynn City Clerk copy Property Owner, Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Michael Gates, City Attorney Scott Hess, Director of Planning and Building Jane James, Planning Manager Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza,'Senior Deputy City Clerk Sister Cities Anjo, Japan ® Wartakere, New Zealand 127664 (2 ) do c x 0 f City of Huntington Beach \ v�- 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca.gov Planning Division Building Division 714 536.5271 714.536.5241 October 19, 2015 NOTICE OF FILING STATUS AND PUBLIC HEARING APPLICATION PLANNING APPLICATION No. 2015-147—APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT HBCG Cooperative, Inc , Daniel Richmond, Company President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7'h Street Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or iiames(5-surfcity-hb orq Sincerely —`- WUA ne James Planning Manager copy Property Owner, Phan Property Management, 1209 E 7 h Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fuju, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015147 17416 Beach NOF CC 101915 2 Citv of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca.gov Planning Division Building Division 714 536 5271 714.536 5241 October 19, 2015 NOTICE OF FILING STATUS AND PUBLIC HEARING APPLICATION PLANNING APPLICATION NO. 2015-147 -APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT HBCG Cooperative, Inc , Daniel Richmond Company President/CEO C110 and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7th Street Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648 the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes. If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, If you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or dames surfcity-hb org Sincerely ��ne"James Planning Manager copy Property Owner, Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street Ste 350, Santa Ana, CA 92701 Joan L Flynn, City_Clerk ' Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015147 17416 Beach NOF CC 101915 2 - �y_ Cit of untie to ec 2000 MAIN STREET CALIFORNIA 92648 >` DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca gov Planning Division Building Division 714.536 5271 714 536 5241 October 19, 2015 NOTICE OF FILING STATUS AND PUBLIC HEARING APPLICATION PLANNING APPLICATION No. 2015-147—APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT HBCG Cooperative, Inc , Daniel Richmond Company President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERT`'OWNER Phan Property Management, 1209 E 7th Street Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Alain Street, Huntington Beach, CA, 9264E the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials„ please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or jjames(aD_surfcity-hb orq Sincerely, ne"61-A— James Planning Manager copy Property Owner, Phan Property Management, 1209 E 7`h Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 Noah Main Street Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015147 17416 Beach NOF CC 101915 2 -- 'Cityof Huntin ton Beach Nt �tt m T -y 2000 MAIN STREET CALIFORNIA 92648 r j . DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca gov Planning Division Building Division 714 536 5271 714 536.5241 October 19, 2015 NOTICE OF FILING STATUS AND PUBLIC HEARING APPLICATION PLANNING APPLICATION No. 2015-147-APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT HBCG Cooperative, Inc , Daniel Richmond, Company President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7th Street Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648 the City Council will hold a Public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please fee! free to contact me at (714) 536-5596 or jjamesa-surfcity-hb org Sincerely nee Planning Manager copy Property Owner, Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 Cnstian Peirano, Peirano and Associates, 1666 North Main Street Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujn, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015147 17416 Beach NOF CC 101915 2 NOTICE OF APPEAL TO PLANNING COMMISSION ACTION OF Augzust 25, 2015 (Date of Planning Commission Action) TO Planning Dept (2 copies) DATE September 11,2015 City Attorney (1 copy) FILED BY HBCG Cooperative, Inc /Daniel Richmond C/O and to the Attention of Christian L Peirano,Esq of Peirano&Associates, Inc, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 REGARDING Planning Application No 2015-147—Medical Marijuana Dispensary at 17416 Beach Blvd Tentative Date for Public Hearing Copy of Appeal Letter attached LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Joan L Flynn City Clerk X5227 Fee Collected $3,383.00 i CASH RECEIPT CITY OF HUNTINGTON BEACH P 0 BOX 711 F9 17 19p9�,,� HUNTINGTON BEACH,CALIFORNIA 92648-0711 www huntmgtonbeachca gov/payments DATE Issuing Dept m 6J`'-r' ` Dept Phone#/f FUNDS RECEIVED FROM ��G C�QG��'J'tc�-//Ple, rc / �0 1W. '7'9 ADDRESS C�� �r� t) �/h��5°a" 1�r► !���' /l��fJVL .�T,v7G �D C/�►1 � �C�l 70/ Phone# 71 d o Eaz--- 7FR& -:P/'r1gr7>n �yi r n (1c - - AMOUNT RECEIVED O Cash [fCh�CK O Credit Card $ 3 &3 t'L Prepared Received Finance By By Approval IF OBJECT=50000 THRU 90000,FINANCE APPROVAL REQUIRED Approval Date Business Unit Ob ect Subs Sub-Ledger Type _ o �-„ - - __ -------- - ----- - -- - - ------- - ----- -- ---- r "ti>,;,.i ———— ———— ————— -- ———————— — =v_ 1,° -- ------ ————— -- ———————— — - q-e — TOTAL $ 3, 93 DLL Stamped Validation Only Please do not write in the box below N0.1290857 CUSTOMER COPY I i RFCEIVED I JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNMU[rTtRWA� JUNE 26, 2015 2 CITY CLERK CITY OF 3 TO. CITY OF HUNTINGTON BEACH CITY'&Vkf 0MV( OUNCIL 4 FROM APPLICANTS, HBCG Cooperative, Inc and Daniel G Richmond Company 5 President/CEO C/O & to the Attention of Cristian L Peirano, Esq of Pelrano & Associates, Inc 6 1666 North Main Street, Suite 350 Santa Ana, CA 92701 7 Date September 11, 2015 8 RE- Appeal of City of Huntington Beach, Finance Director, Lori Ann Farrell & 9 Director of Planning& Building, Scott Hess's denial of business license application certificate of occupancy to operate medical marijuana dispensary 10 rendered on June 26, 2015 and Mailed Successfully on July 7, 2015. 11 Pursuant to the Honorable Judge, Andrew P Bank's court order dated September 3, 2015, the 12 City Council is ordered to hear Daniel G Richmond's and HBCG's appeal of the Finance Director's 13 denial HBCG's and Daniel G Richmond's business license application and the Planning & Building 14 Director's June 26, 2015 letter of denial 15 Accordingly, Daniel G Richmond for himself and on behalf of HBCG Cooperative, Inc 16 17 respectfully demands on behalf of HBCG, by way of this appeal, that the City of Huntington Beach 18 issue HBCG Cooperative, Inc (hereinafter joint referred to as "Applicant") a business license along with 19 all applicable permits in order to operate a medical marijuana dispensary at the location commonly 20 known as 17416 Beach Blvd , Huntington Beach, CA 92647 for the following reasons 21 Appellate demands pertaining to Finance Director,Lori Ann Farrell's decision: 22 ISSUE NO. 1: The City of Huntington Beach's denial of business license application based o 23 24 HBZSO section 204 18 is not valid as the underlying Ordinance No 4059 used to pass 2014 18 is void 25 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' 26 Ordinance No 3700. 27 ISSUE NO. 2: HBCG, prior to operating, attempted to apply for business license, but was 28 wrongfully denied its due process rights to submit its business license application because of the City' -1- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from 2 operating in the zone where HBCG operated out of 3 ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 4 decision was defective in that HBMC section 5 08 310 clearly states that an applicant aggrieved by an 5 6 decision of the Finance Director 5 04 through 5 16 may file an appeal with the City Clerk within 15 day 7 of the date of mailing and that such appeals be filed with the City Clerk and not the Director of Building g and Planning as incorrectly being tasked with the appeal The notice of decision, however, states that the 9 appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days i 10 which to do so and according to the telephonic confirmation no submission is allowed by mail when al 11 others are allowed to do so 12 Appellate demands pertaining to Planning & Building Director, Scott Hess- decision: 13 14 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 15 decision to deny HBCG's certificate of occupancy be declared null and void as a result of the Director' 16 solicitation of application and the processing of the application without payment of fees first for the 17 application 18 ISSUE NO. 2: That the City Council find and determine that the hearing conducted by the City 19 Planning Commission be declared null and void and without effect as a result of it hearing an appeal tha 20 was intended and paid for the purpose of being heard before the City Council and not the Planning 21 22 Commission 23 ISSUE NO. 3: That the City Council find and determine that the fees paid by appellee for the 24 appeal to the City Council be refunded to the HBCG and declared to have been misappropriated b 25 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordere 26 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept 27 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 28 demand that you do so and take into consideration yhe Court's statements that the retail sale of medica JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I marijuana does in fact constitute commerce Secondly, we demand, that the council in reaching its 2 decision do so considering the laws in place at the time when appellant attempted to seek a business 3 license In the first place and not under the changes that the City has attempted to in place, after May 4, 4 2015 5 That's just — under these facts, doesn't fly. Because I got news for the city. 6 Medical marijuana is merchandise. Under the clear, commonly understood 7 definition of what merchandise is, it's some product that is for sale, some thing or product, but a person who is in the business of selling it. [See Exhibit 1 Court g Transcript Statements by the Honorable Judge Andrew P Banks] ARGUMENT 9 I. The City of Huntington Beach's denial of business license application based on 10 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to 11 pass 2014.18 is void as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City's Ordinance No. 3700 12 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 13 14 business license application its application for business license was denied because 15 Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington 16 Beach, although this ordinance did not change the City's longstanding (HBZSO Section 204 18) Prior to this Ordinance (land use laws) in Huntington Beach prohibited the 17 establishment of any Medical Marijuana Dispensaries or related business in Huntington 18 Beach because such a businesses were not listed as a "permitted use" under the City zoning laws (HBZSO Sections 204 02, 2014 10, 21104, and 215 04) 19 See Exhibit"2" City of Huntington Beach June 26, 2015, denial of business license application 20 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 21 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858, ET. SEQ. 22 The City's June 26, 2015, denial of business license application by HBCG makes It clear that the 23 City thinks that it passed Ordinance 4059 on May 4, 2015 Passage of an urgency ordinance, such as this 24 one, is subject to particular procedures that must be followed by the City adopting a zoning ordinance 25 However: 26 Without following the procedures otherwise required prior to the adoption of a 27 zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency 28 measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planniny, commission or the plannina de art�nent is considering or studying- or intends to JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 r � 1 study within a reasonable time 2 California Government Code section 65858(a) [Exhibit 3] 3 While enacting Ordinance 4059, the City invoked this provision "Pursuant to Government Cod 4 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 5 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 6 health, safety, or welfare " 7 B. The City cannot meet the provisions of Cal. Gov. Code §65858 as it failed to ameliorate the effects of its prior urgency ordinance for moratorium against medical marijuana 8 dispensaries. 9 The ability to simply bypass procedures based upon the willingness of a city council to make 10 ,findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 11 approval of additional subdivisions use permits, variances building permits, or any other applicable 12 entitlement for use which is required in order to comply with a zoning ordinance would result in that 13 threat to public health, safety, or welfare" (Gov Code § 65858(c)) would seem ripe for abuse, and the 14 City does just that Fortunately, subdivision (e) steps in to prevent the City's abuse. 15 When an interim ordinance has been adopted, every subsequent ordinance 16 adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the 17 termination of the first interim ordinance or any extension of the ordinance as provided in this section 18 California Government Code section 65858(e) (Emphasis added) [Exhibit 3] 19 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 20 marijuana dispensaries " No two interim ordinances can address the same subject on the same land for 21 the same reason and purpose 22 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 23 The City admits there was a previous moratorium in the new interim ordinance "The City o 24 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries." In fact, 25 the City adopted it on February 22, 2005 26 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 27 3700 — "An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marihuana Dispensaries" with specific findings regarding the detriment to 28 the public's health, safety and welfare amended to bypass the Planning Commission and bring an ordinance directly to Council and to change from a 45-day to a 30-day moratorium, The motion carried by the follolkiniaroll call JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 [ I AYES. Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES. Cook 2 ABSENT None 3 City Council Minutes, February 22, 2005 4 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t 5 California Government Code Section 65858(a) this interim ordinance shall become effective 6 immediately" (Ordinance 3700, § 4 ) Including the amendment to cut the effective period down to 3 7 days, the moratorium expired on March 25,2005 and can not be re-enacted ten years later pursuant 8 to Government Code section 65858, subdivision (e) As a result, the current state of the law in the City 9 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 10 medical marijuana dispensaries. 11 II. Daniel G. Richmond prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license 12 application because of the City's mistaken belief that its municipal code sections 13 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 14 15 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 16 its business licenses 17 "The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect A business license is a 18 requirement, not a permit to conduct, manage or carry on any business activity within this 19 City (838-6/61)" 20 HBMC section 5 04 090 License not a permit [Exhibit 4] 21 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 22 and is not intended for regulation (766-7/60) 23 HBMC section 5 04 020 Purpose [Exhibit 5] 24 According to the City's own pamphlets available on line as of the date of this appeal states the 25 following 26 A City of Huntington Beach business license is not a regulatory license but Is a 27 tax to help pay for the public safety needs of the people of Huntington Beach 28 About Business Licenses, City of Huntington Beaches website <http //www huntingtonbeachca gov/ JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 f � 1 files/users/finance/How—to—do—bus—flyer pdf[Exhibit 6] 2 Applicant's dispensary falls under the category of General Commercial under the City's land use 3 laws A property classified as general commercial can undertake retails sales of goods, such as medical 4 marijuana 5 211.04 CO, CG, and CV Districts—Land Use Controls 6 In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts 7 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. 8 [***] 9 Use classifications that are not listed are prohibited Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 10 elsewhere in the Zoning Ordinance Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under 11 the heading 12 CO, CG, and CV Districts Land Use Controls P = Permitted 13 [***] Co CG [Commercial CV Additional 14 General] Provisions [***] [***] *** [***] [*** 15 Commercial 16 Uses Retail Sales - P P (U)(V) 17 18 CO, CG, and CV Districts Additional Provisions 19 Huntington Beach Zoning Subdivisions & Ordinance section 21104 [Exhibit 7] 20 This is exactly what Applicant intends to do, which is perform retail sales of medical marijuana This 21 is allowed in this zone for this property and for this purpose without the need for any additional permit 22 as indicated under 211 04 as cited hereinabove 23 The next question is what retails sales are allowed and what merchandise can be sold in the sector 24 where the Property is located? These two questions are easily disposed of in the City's municipal cod 25 section that follows regarding the permitted use by Applicant under HBMC 204 10Y 26 a. The retail sale of medical marijuana is provided for under the City of Huntington Beach 27 municipal code section under: 204.10Y states 28 Y Retail Sales. The retail sale of merchandise not specifically listed under another use classification This classification includes department stores, drugstores, clothing stores, and furniture stores, and businesses retailinzlhe following goods toys, hobby materials, JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 I handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, 2 kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive 3 parts and accessories (excluding service and installation) 4 Hunting Beach Zoning& Subdivision and Ordinances section 204.10Y [Exhibit 8] 5 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 6 "Permissive," in circumstances such as this, means that if something is not specifically provided for o 7 allowed then it is not permitted and/or is prohibited. 8 In this case, however, there are two reasons why this does not apply as a matter of fact and law The 9 first is the code section above, is a catchall provision providing for the right to sell merchandise "Retail 10 Sales The retail sale of merchandise not specifically listed under another use classification." Huntington 11 Beach Zoning & Subdivision Ordinances Section 204 10Y 12 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under a 13 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 14 under the permissive scheme Nothing which is done or maintained under express authority of a statute 15 can be deemed a nuisance California Civil Code section 3482 [Exhibit 9] 16 As a compliment to that section and in order to further understand the application of the language i 17 establishing that the City's laws do embrace medical marijuana dispensaries 18 211 02 Commercial Districts Established The purpose of the commercial districts is to implement the General Plan and Local 19 Coastal Program commercial land use designations. Three commercial zoning districts are established by this chapter as follows 20 [***] 21 B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach 22 Huntington Beach Zoning & Subdivision Ordinance section 21102 [Exhibit 10] 23 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 24 within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 25 clear through its use of the terms "full range of retail businesses" meaning the complete spectrum o 26 retail businesses without any further qualification whatsoever 27 This section does not say "a moderate range of retail businesses", "some retails business", o 28 "everything except medical marijuana" The City could have, but it did not Clearly, persons, such a -7- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 2 City of Huntington Beach 3 The second reason why the principal of permissive code interpretation is inapplicable in this case 4 comes by way of Art I , Sec 's 1 & 26 of the California State Constitution It mandates that the right 5 involved with medical marijuana deal with certain inalienable rights 6 "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting 7 property, and pursuing and obtaining safety, happiness, and privacy " 8 California Constitution, Article 1, Section 1 [Exhibit 11] 9 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 10 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or better 11 tolerated through the use of medical marijuana It also involves the right to be safe from chronic pain o 12 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 13 through the use of medical marijuana. 14 The right to medical marijuana however, is not an absolute or an unfettered right. The right t 15 medical marijuana is subject to proscription under the language provided for under CaliIform 16 Constitution Art I Sec 3(b)(4) that guarantees and mandates that if such a right is to be limited o 17 denied that such limitation or prohibition must be achieved through due process of law and under equal 18 protection of law. In order to meet this mandate, those like the City seeking to limit or take away an 19 person's rights to medical marijuana, must do so through express words 20 "The provisions of this Constitution are mandatory and prohibitory, unless by express 21 words they are declared to be otherwise " 22 23 California Constitution, Article 1, Section 26 [Exhibit 12] 24 But the reality is that this property falls squarely within the classification general commercial and I 25 offered the opportunity of conducting general retail sales. The City's general commercial zones use 26 classification states full 27 retail sale of merchandise not specifically listed under another use classification 28 This classification includes drugstores, and businesses retailing the following goods handcrafted items, medical supplies, " HBZSO section 204 10Y -8- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I v 1 But this begs the question of how generous and expansive HBZSO section 204 10Y is The answer i 2 that it is wide open according to the stated intent of the City when seeking to define the universe of retail 3 sales that are included in the applicable use classification. The answer is simple because the city clearly 4 states and its intention of what has intended to include in its retail sales- 5 The purpose of the commercial district is to implement the general plan and local 6 coastal program commercial land-use designations Three commercial zoning districts 7 ourselves by this chapter as follows [***] g B The CG general commercial district provides opportunities for the full range of retail and service this is being suitable for location in Huntington Beach 9 10 HBZOS 21102, ("***" indicating deletion of chapters or paragraphs not being used in the citation b 11 applicant) 12 Clearly, the intended universe of retail sales encompasses the full range of retail business Full 13 range can be defined according to common parlance as the entire spectrum Thus, plainly and clearly, a 14 intending to encompass anything and everything that can fall into this use classification 15 b. Beach and Edinger Corridors Specific Plan (BECSP) also Establishes HBCG's right t 16 operate a medical marijuana dispensary. 17 18 More importantly, even if we consider the application of the Neighborhood Boulevard Segment 19 2 17 of the Beach and Edinger Corridors Specific Plan, HBCG has a right to operate a dispensary under 20 that plans 2 2 Building Use Regulations under use types 2 2 l(g) "Convenience Uses " The designation 21 of a black dot"0" assigned in the category of use means "Included Use these uses are allowed by right, 22 subject to cite plan review" See Page 28 of book of development code. [Exhibit 13] 23 Appellate demands pertaining to Planning & Building Director, Scott Hess' decision: 24 At the time appellee went down to the City to submit the business license application, the 25 26 counter personnel at the Finance Department asked for the certificate of occupancy form, which appellee 27 obliged There was no expectation that the certificate of occupancy would be acted upon at the time 28 given that the Court's order allowing medical marijuana dispensaries to submit business license -9- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I applications was based in large part on Defendant's California Code of Civil Procedure section 526a tax 2 payer action That action claims that by the City wrongfully refusing business license applications an 3 corresponding fees that the failure constituted waste 4 Therefore, at the time when the certificate of occupancy form was asked for by the City, there 5 6 was no expectation that it would be acted upon until after the Finance Department approved the license 7 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court had g declared that not accepting the application and not accepting the fees would be waste 9 Nevertheless, much to the surprise of all of the medical marijuana dispensaries that applied for a 10 business license pursuant to the Court's May 29, 2015 preliminary injunction against the City the 11 response to the application carried with it an unexpected surprise a joint letter of denial The joint denial 12 was from the City Finance Director, Lori Ann Farrell, but also a Planning & Building Director, Scott 13 14 Hess for the certificate of occupancy application that the Finance Department received without payment 15 of any fees 16 The letter summarily determined that appellee could only appeal the decision to the City's 17 Planning Commission and only appeal the Planning and Building Director's decision and not the 18 Finance Director's decision This was strange as no fees were paid for the processing of a certificate of 19 occupancy so no decision should have been rendered 20 All persons submitting applications for any permits, certificates, development 21 agreements, map approvals, or zoning map or text amendments, or any other approvals as 22 required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and 23 charges Huntington Beach Zoning & Subdivisions Ordinances section 240 06 Fees & Deposits [Exhibit 14] 24 The mandate that the certificate of occupancy be paid for is absolute, no discretion, because 25 26 "shall" is the utmost and strongest form of command No fees were paid and therefore no processing o 27 the application should have ever been made and therefore no need to appeal a decision that never shoul 28 have been made. -10- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I 1 III. CONCLUSION 2 Now, before attempting to make a decision on this demand for an appeal joint letter of denial as 3 ordered by Honorable Judge Andrew P Banks, we believe you should ask yourself the following 4 questions 5 6 1 Why did it have to take a court order for a preliminary injunction to get the City to accept 7 business license applications for medical marijuana dispensaries? [Voice Recording] [Exhibit 15] g 2 What law, policy, regulation or custom and practice did the City have in place that allowed 9 City employees to know that they could refuse to provide a business license application to? 10 3. What law, policy, regulation or custom and practice did the city have in place that allowed 11 City employees to determine on their own what class of persons that they could summarily reject at the 12 counter and refuse to accept business license applications and fees from? 13 14 4 What law, policy, regulation or custom and practice did the city have in place that allowed 15 City employees to direct all medical marijuana dispensaries to go the City attorney's office if they ', 16 should want to apply for a business license? 17 5. What law, policy, regulation or custom and practice did the City have in place that allowed 18 City to issue a written statement to every applicant seeking a business license application for medical 19 marijuana dispensary "that it is futile"to attempt to procure a business license in the City of Huntington 20 Beach? [Exhibit 16] 21 22 6 Under whose direction did the City's Planning and Building Director, Scott Hess, decide that 23 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 24 dispensaries falsely claiming that no policy decision of his was ever successfully appealed that he later 25 admitted he never gave? [Exhibit 17] 26 7 Why has the City attorney chosen to represent to the Courts that the City can regulate through 27 its business licenses when its own laws and statements to the public clearly establish that it cannot? 28 [Exhibit 18 statue & online pamphlet] -1 JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 t t 1 8 Why has the City Attorney represented that the First Step in getting a business license is to go 2 to the Planning and Building department when the City's own diagram with instructions on its web page 3 clearly showed that the "first step" was to go to the Finance Department on the First Floor9 [Process] 4 [Exhibit 19] 5 6 9 Who decided overnight, on May 2, 2015, to change the diagram establishing that the first step 7 in getting a business license was to go to the Finance Department to the "first step" in getting a business 8 license was to go to the Planning & Building Department9 [Exhibit 20] 9 10. Under whose direction did the City's Fiscal Services Manager, James Slobojan, decide that 10 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 11 dispensaries claiming that he had checked the City's records and that he could find no application for 12 business license when the City had a custom and practice in place of not accepting nor cataloging any 13 14 business license application from any medical marijuana dispensary9 [Exhibit 21] 15 11 Under what authority was the Planning& Building Director, Scott Hess, acting under when 16 he decided to process without payment a certificate of occupancy? 17 12. Under what authority was the Planning& Building Director, Scott Hess, acting under when 18 he decided that he would take HBCG's July 17, 2015, Demand for Appeal of Denial of Business License 19 by Director of Finance and commandeer it to be heard by the City Planning commission and not the City 20 Council as it should have in the first place9 The Court, on September 3, 2015, in this case had to order 21 22 the City Council to hear this appeal because Mr Hess and the City Attorney refused to allow the appeal 23 and make its way to you as it should have 24 13. Under what authority was the Planning& Building Director, Scott Hess, acting under when 25 he decided that he would take HBCG's $449 00 payment for the appeal of the Finance Director's 26 decision and use it for an appeal of his decision which HBCG was not appealmg9 Payment was made 27 under"protest" further reinforcing the fact that Mr. Hess misappropriated City money. [Exhibit 22] 28 14 What law, policy, regulation or custom and practice did the City have in place that allowed JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I the City Clerk to refuse to accept HBCG's appeal (as well as all other medical marijuana dispensary 2 clients' appeals) when she is mandated to accept its appeal under HBMC § 5.08 310 3 15 What law, policy, regulation or custom and practice did the City have in place that allowed 4 its City Clerk to refuse to accept HBCG's fees for an appeal (as well as all other medical marijuana 5 6 dispensary clients' appeals)that she is mandated to accept payment for under HBMC § 5 08 310 7 16 Up until the filing of the instant action why did the City have a Custom&Practice of falsely g accusing each and every single medical marijuana dispensary defendant of selling medical marijuana to 9 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that 10 no such event had occurred? We provide you with the letter retracting the false allegation from not only 11 the complaint in the case involving HBCG but also Med Aid [Exhibit 23] 12 17 Why is the City now claiming in its complaint that HBCG made illegal alterations to the 13 14 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 15 had found no such violations even when he accompanied the Fire Department on February 24, 2014? 16 [Exhibit 24] 17 18 Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 18 marijuana dispensary applications for business license without crossing off the personal information 19 containing social security numbers, birth dates, and tax identification numbers? Why did none of the 20 other attachments on the City's Planning Commission's agenda carry the same mistake for non- 21 22 dispensary applicants? 23 19. Why did the City fail in its fiduciary duty to disclose to the dispensary appellees that their 24 information had been leaked? 25 20 Why did the City's Finance Director who was mandated by the Honorable Judge Andrew P 26 Banks May 29, 2015, preliminary injunction to review and make a determination on appellee's business 27 license application not make the decision herself, as revealed at the Planning Commission August 25 28 2015 hearing by Mr. Hess' own staff members -13- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 f 1 21 Why did the Directors of Finance and Planning and Building provide a joint rejection 2 All these questions, when considering the gravity of the circumstances, paint a picture of the City 3 at its worst, actions speak louder than words Therefore, you have a choice to make One, respect the 4 rights of all people under your stewardship or frustrate the rights of those you don't agree with—simply 5 6 because you can 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 EXHIBIT" NO. 1 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER 3 DEPARTMENT Cll 4 5 CITY OF HUNTINGTON BEACH , ) 6 PLAINTIFF, ) 7 VS. ) NO. 30-2014-00745511 8 DANIEL GARFIELD RICHMOND, ) 9 DEFENDANT. ) 10 11 12 HONORABLE JUDGE ANDREW P. BANKS 13 REPORTER' S TRANSCRIPT OF PROCEEDINGS 14 FRIDAY, MARCH 27, 2015 15 16 APPEARANCES OF COUNSEL: 17 FOR THE PLAINTIFF: 18 CITY OF HUNTINGTON BEACH CITY ATTORNEY' S OFFICE 19 BY: DANIEL K. OHL , DEPUTY ATTORNEY MICHAEL 7 . VIGLIOTTA, CHIEF ASSISTANT CITY ATTORNEY 20 21 FOR THE DEFENDANT: 22 PEIRANO & ASSOCIATES BY. CRISTIAN PEIRANO, ATTORNEY AT LAW 23 SEAN RAYMOND BOZARTH , ATTORNEY AT LAW 24 25 RHONDA NORBERG, CSR NO. 9265 , CCRR NO.- 185- 26 OFFICIAL REPORTER PRO TEMPORE - 9 - - 1- GUESS IT WAS THE FINANCE COUNTER. I FORGET HER NAME; ___ - 2 BUT I RECALL THAT IT WAS A WOMAN -- AND , "THAT IT' S-__ 3 ALWAYS BEEN THAT WAY, WE DON 'T ISSUE THEM. " 4 WHAT KIND OF HOOEY IS THAT? THE CITY CAN 'T 5 TAKE THE POSITION IT DID, IN MY VIEW, UNDER THESE FACTS . 6 THEY HAVE TO GIVE THE PERSON A LICENSE. ACCORDING TO 7 THE CITY, THAT PERSON THEN TROTS WITH THAT PIECE OF 8 PAPER OVER TO ZONING; AND THEN ZONING DECIDES WHETHER 9 IT' S A PROPER USE. 10 AND SORT OF NOBODY USED THIS TERM, BUT IT' S THE 11 CONCLUSION I CAME TO BECAUSE OF THIS KIND OF STRANGE 12 PROCESS THE CITY HAS , THE ZONING PEOPLE CAN RATIFY AND 13 MAKE VALID THE LICENSE BECAUSE IT GOES TO FINANCE FIRST 14 BECAUSE IT' S A REVENUE-GENERATING PROCESS. NOW, I DON 'T 15 KNOW HOW YOU GET BY SAYING, "NO, YOU CAN 'T EVEN HAVE THE 16 DOCUMENT BECAUSE WE NEVER APPROVE THEM. " 17 THAT' S JUST -- UNDER THESE FACTS, DOESN'T- FLY. 18 BECAUSE I GOT NEWS FOR THE CITY. MEDICAL MARIJUANA IS 19 MERCHANDISE. UNDER THE CLEAR, COMMONLY UNDERSTOOD 20 DEFINI_TION OF WHAT MERCHANDISE IS, IT' S SOME PRODUCT 21 THAT IS FOR SALE, SOME THING OR PRODUCT, BUT A PERSON 22 WHO IS IN THE BUSINESS OF SELLING IT. 23 LIQUOR IS MERCHANDISE, AUTO PARTS ARE 24 MERCHANDISE, GROCERIES ARE MERCHANDISE, BONGS ARE 25 MERCHANDISE. SO IS MEDICAL MARIJUANA. NOW, IS IT -- 26 COME WITHIN RETAIL SALES? I THINK YOU 'VE GOT A STRONG - -- - - 10 - 1 ARGUMENT. I 'M NOT RULING BECAUSE THAT -- I DON 'T GET___ -- 2 THAT FAR_, BUT IT' S ONLY BECAUSE THE PLAINTIFF USED - 3 SELF-HELP. - 4 - THE APPROACH FOR THE PLAINTIFF SHOULD HAVE BEEN 5 BEFORE YOU OPENED, GO DO THAT WHICH WAS DONE. WHEN 6 YOU ' RE REFUSED EVEN AT THE FINANCE COUNTER, YOU COME V INTO COURT FOR A WRIT AND WE ORDER THE CITY TO DO 8 SOMETHING. 9 AND THEN IF YOU THEN SUBMIT IT, -AND ZONING SAYS 10 - NO, AND YOU WANT TO CHALLENGE THAT, YOU APPEAL IT TO 11 THE -- I GUESS PLANNING COMMISSION . AND THEN I -- I 12 DON 'T RECALL THAT IT WAS DESCRIBED WHETHER -- FROM 13 THERE; BUT I WOULD ASSUME IT GOES TO THE COUNCIL. 14 AND IF THE COUNSEL SAYS , "NO, WE' RE STICKING 15 - WITH THIS , " YOU COME INTO COURT ON A WRIT OF MANDAMUS 16 AND I TELL YOU , OR ONE OF MY COLLEAGUES , THAT' S 17 MERCHANDISE; AND YOUR RETAIL SALES DEFINITION -- I THINK , 18 IT GOES , FRANKLY. I THINK YOU ARE CORRECT ON THOSE 19 ISSUES. 20 BUT I ' M BEING ASKED TO ISSUE- AN INJUNCTION -- A 21- PRELIMINARY INJUNCTION , WHICH IS AN- EQUITABLE REMEDY; 22 AND I SEE UNCLEAN HANDS ARGUMENTS ON BOTH SIDES . THAT' S 23 A PRETTY HEAVY-HANDED APPROACH BY THE CITY,- IN MY-VIEW. 24 I WAS SURPRISED TO SEE THAT IT WAS THAT-WAY. 25 THE PEOPLE OF- THE STATE OF CALIFORNIA PASSED - 26 THE MEDICAL MARIJUANA M.M. P.A. THE PEOPLE OF-THE COUNTY EXHIBIT NO. 2 - EXHIBIT NO. 3 65858 (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance,the legislative body of a county,city, including a charter city,or city and county,to - protect the public safety,health, and welfare,may adopt as an - urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan,or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time That urgency measure shall require a four-fifths vote of the legislative body for adoption The interim ordinance shall be of no further force and effect 45 days from its date of adoption After notice pursuant to Section 65090 and public hearing,the legislative body may extend the interim ordinance for 19 months and 15 days and subsequently extend the interim ordinance for one year Any extension shall also require a four-fifths vote for adoption Not more than two extensions may be adopted (b) Alternatively,an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing,in which case it shall be of no further force and effect 45 days from its date of adoption After notice pursuant to Section 65090 and public hearing,the legislative body may by a four-fifths vote extend the interim ordinance for 22 months and 15 days (c)The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety,or welfare, and that the approval of additional subdivisions,use permits,variances, building permits,or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result to that threat to public health, safety,or welfare. In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the development of projects with a significant component of multifamily housing may not be extended except upon written findings adopted by the legislative body,supported by substantial evidence on the record,that all of the following conditions exist - (1) The continued approval of the development of multifamily - - - housing projects would have a specific, adverse impact upon the public health or safety As used in this paragraph, a "specific, adverse impact" means a significant,quantifiable,direct, and unavoidable impact, based on objective,identified written public health or safety standards, policies,or conditions as they existed on the date that the ordinance is adopted by the legislative body (2)The interim ordinance is necessary to mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1). _ C - (3)There is no feasible alternative to satisfactorily mitigate or - avoid the specific,adverse impact identified pursuant to paragraph - (1) as well or better,with a less burdensome or restrictive effect,than the adoption of the proposed interim ordinance - (d)Ten days prior to the expiration of that interim ordinance or any extension,the legislative body shall issue a written report - — describing the measures taken to alleviate the condition which led to the adoption of the ordinance (e)-When an interim ordinance has been adopted,every subsequent -- - - ordinance adopted pursuant to this section,covering the whole or a part of the same property, shall automatically terminate and be of no --- further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section - (f) Notwithstanding subdivision (e),upon termination of a prior interim ordinance,the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim - - - ordinance is adopted to protect the public safety,health, and welfare from an event,occurrence,or set of circumstances different from the event,occurrence, or set of circumstances that led to the _ adoption of the prior interim ordinance (g) For purposes of this section, "development of multifamily housing projects" does not include the demolition,conversion, redevelopment,or rehabilitation-of multifamily housing that is - affordable to lower income households, as defined in Section 50079 5 of the Health and Safety Code,or that will result in an increase in the price or reduction of the number of affordable units in a multifamily housing project - (h) For purposes of this section, "projects with a significant - - component of multifamily housing" means projects in which multifamily housing consists of at least one-third of the total square footage of the project - - - EXHIBIT NO. 4 04 090 License Not a Permit _ _ 9/11/15---_1L31 AM iv e ``>V Matti Sc'i k t_ MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 04 GENERAL PROVISIONS 5.04.090 License Not a Permit The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect A business license is a requirement, not a permit to conduct, manage or carry on any business activity within this City (838-6/61) View the mobile version http//www qcode us/codes/huntingtonbeach/view php*?topic=municipal_code-5-5_04-5_04_090&frames=on Page 1 of 1 EXHIBIT NO. 5 04 020 Purpose 9li1l15;ti 31 AM r , MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS _ - - Chapter 5 04 GENERAL PROVISIONS 5.04.020 Purpose The ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation (766-7/60) _ View the mobile version _ http//www gcode us/codes/huntingtonbeach/view php?topic=municipal code-5-5_04-5_04_020&frames=on Page 1 of 1 EXHIBIT CIO. 6 BOUT BUSINESS LICENSES... - elcome-to the City of Huntington Beach business mmunity This information guide is intended as a - -mary of information you will need to know in - m You can obtain an application from City Hall, t operate a business in Huntington Beach download one from our website a at �" Certificate of Occupancy - required by # ter to o p g Planning and Budding Dept for.businesses it its guide is provided as a public service It is not ��+w+� huntingtonbeachca aov Leak under the 9 p p commercial or Industrial location Call (71 -inclusive and an specific questions should be Finance Dept for Business License Complete the y P q �+ 536-5271 or pick up an application from C ected to the Business License Division at (714) application and bring it to City Hall on the 1 floor, Hall 6-5267 Clarification and definition can also be 2400 Main Street or mail it to Business License, and in the Huntington Beach Municipal Code, P C Box 190,'Huntington Beach, CA 92W If you A- Fictitious Name (dba) - must be filed if y le 5 City of Huntington Beach business are in a commercial location in the city, you may choose a business name that dohs not inclu erase is not a re au a or license b need to fill out an application for a Certificate of your own last name Contact the Cour pay or a puhlic'sa11:,fet needs of the people Occupancy for the Planning and Budding Clerk's office at (714) 834-2889, go online Huntington Heach Department, who can be reached at (714) 536- http 11www oc ca gavlrecorder or contact yc 5271 local newspaper office e - - s o . • - . /111' Special Permits- required by the Police DE for certain types of business activities Sor le City 'of Huntington Beach Municipal Code The business license cost is based on a flat tax examples are firearm dealers, pawnbroke wires most businesses operating in Huntington plus additional amounts if there are more than 3 psychic reading, massage, live entertainme °ach to pay an annual business license tax employees, more than 1 business vehicle or coin and bingo Call (714) 536-5267 or the Poli isiness Licenses are not transferable between operated machines A typical business license Dept at(714) 536-5991 for more information iners, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, {1, Seller's Permit (Resale #) - required by t :anon upon notification to Business License and $41 60 Additional amounts added are as follows State Board of Equalization if you s proval by the City Planning and Building Additional Employees 4 -12 $4 00 each merchandise Call (949) 440-3473 or vi %partment All businesses, trades, professions, 13-52 $3 00 each www boe ca qov Ilings, or occupations operating in the City need > 52 $2 00 each Business License These include but are not Ar Health Permit - required for food handlir rated to Additional vehicles Under 1 ton $12 00 each permanent make-up, tattooing or bo An business m a commercial or industrial 1 to 3 tons $35 00 each piercing Contact O C Environmental Health y Over 3 tons $46 00 each (714)433-6000 location - Persons who have a home office or use their Home-based businesses are required to pay a one- �' Federal Tax ID # - required if you ha home as the headquarters of their business time fee of$2 Oil for a Home Occupation Permit, in employees, are incorporated, or have q addition to their license registered partnership Call (800) 829-1040 Businesses, which are located outside the city, visit www irs oov but transact business in the citysuch as Some business licenses are calculated differently I'�' Worker's Compensation Insurance contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, special events, P p p g 3 required if you have employees Contact yc services, fume ators, telemarketers etc vending machines, out of town contractors, pool 9 local insurance agent, state fund or vi halls) Call (714) 536-5267 for these licenses Independent contractors such as doctors, www dir ca govlworkers' comp html real estate brokers, hairdressers, janitorial /Jl Liquor License - required by the State De contractors, and home party demonstrators . . - . • ► ■ o m of Alcoholic Beverage Control if you sell Apartment owners of three or more units A business license may be issued at Ci HaII le serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sell merchandise from ou wait Your app is i e complete and abc ca ov their vehicles, such as gourmet food trucks and include all necessary documents You may need Conditional Use Permit - required by t - ice cream trucks to bring the following Seller's Permit showing a Planning and Budding Dept for sot Temporary businesses such as a one-day or Huntington Beach location, Health Permit, businesses such as live entertainment, clan weekend event in the city, or a short-term Certificate of Occupancy or receipt Your schools, internet cafes, or alcohol sales C seasonal business application may also be mailed to City Hall Be sure (714) 536-5271 Fie nnmplot® ?II PaIeilP nF a_r. ran Fhca .a rerelnnFrnn e 1 e ;. ` + '' • • • • • • - • mow to taro i I haft if l! Don't Obtain a License? sit How Ta Do Business in the City of Huntington inducting business,in the 'city without a license' Beach - a guide to Economic Development Business License n result in penalties, Notices of Violations, and www huntingtonbeachca Qovldepartments/ED Immistrative Citations it is a misdemeanor to (late the City Business License ordinances '®1 Huntington Beach Small Business Assistance in Center located at the Huntington Beach r I Need to Display My Business License? Chamber of Commerce 2134 Main Street ,s,'all business licenses must be posted in public #100, Huntington Beach (714)536-8888 Huntington 'each iw at the'fixed location of the business For , l U S Small Business Administration - provides )se, 'businesses without a fixed location, the financial ` assistance programs, guide to 3ponsible party must carry the business license resources and workshops (714) 550-7420 or P th them while conducting business in Huntington www sba go ,ach I '9i SCORE Service Corps of Retired )w Often Do i Need to Renew It? Executives Workshops and counselors for isiness licenses are renewed annually A small businesses Call (714) 550-7369 or visit uitesy notice is mailed 3 weeks before the due www sc6re114 or to However, you are responsible for renewing California Permit Assistance Center ur license whether or not the renewal notice is `�1 aeived if the payment is received more than 30 w c information c local, state & federal permits www ys past the due date, a 10% per month penalty is www algold a gov arged Notices of Violation and Administrative ill Small Business Corner - helpful information Cations may also be issued about taxes from the IRS www irs gov m Moving to a New Location in the City. I Small, Business Development Center - City of,H u nti ngty n Beach rase notify us of your new address, phone provides help ,to small businesses through i 'P �+ii;'; r Bd�ine'ss,.License �'I rnbel,'and'Iany other changes Eto your business I 1-on-1 counseling, workshops'and ,educations ter compliance, with any applicable city seminars Call (714) 564-5200 or visit juirements, your business license may be www ocsbdc com 2000 a i n Street Insferred to the new location for a small fee If u are moving to a new commercial location, you , 1st Floor I need to apply for a new Certificate of • • a • - • ° F Huntington Beach =panty Better Business Bureau (714)985-8915 1 Building Permits [714)536-5241 CA 92648 hat if I Stop Doing Business or Move Away? 9 t us know in writing if you want your license Chamber of Commerce (714) 536-8888 ; ncelled No refunds are given when the Community Services Dept (714) 536-5486 Phone: (714) 536-52.67 skness ceases 1 ' Consumer Affairs Dept (800)952-5210 Fax: (714) 536-5934 in I Transfer My License to Someone Else? Contractors State License Board (800) 321-2752 isiness Licenses are not transferable from one Hours, 8.00 am - 5•CAD m finer to another The new owner must apply fora Employment Development Dept (888}745-38$6 p sindss license in their name Franchise Tax Board (800)852-5711 Monday to Friday here Do l�Frnd You? www � Office of Secretary of State (916)653-3794 huntin tonbeainc�a.ggv e are located at 2060 Main St on the corner of Sign Permits (714}536-5271 I irktow,n and Main, in the Civic Center on the 1si State Compensation Ins Fund (714) 565-5000 business license@surfeity-hb org OF Enter the main Administration Building and 536-5271 low the,signs to the Business License counter Zoning Department (714} EXHIBIT _NO. 7 r 11 04 CO, CG, and CV Districts—Land Use Controls _ 9/11/15,-11 36 AM Up PrEvio s Next Main Beard _ Frost No F-.Nves ZONING CODE - Title 21 ZONING CODE—BASE DISTRICTS - - - - - Chapter 211 C COMMERCIAL DISTRICTS 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 "PITY' 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 CO, CG, and CV Districts: Land Use Controls Permitted - _ -- - - - —_ -- L=Limited(see Additional Provisions) PC=Conditional use permit approved by Planning Commission ZA=Conditional use permit approved by Zoning Administrator TU=Temporary use permit P/U=Requires conditional use permit on site of conditional use -=Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Residential - - PC Public and Semipublic (J)(Q)(R)(V) _ - Clubs and Lodges http//www qcode us/codes/huntingtonbeach/view php7topic=zoning_code-21-211-211-04&frames=on Page 1 of 7 11 04 CO,CG, and CV Districts—Land Use Controls 9/11/15111 36 AM Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-11 L-11 - Emergency Kitchens - L-2 Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA Convalescent Facilities ZA ZA Cultural Institutions PC PC PC - Day Care, General L-3 L-3 - Day Care, Large-Family P P - (Y) Emergency Health Care L-2 L-2 - Government Offices P P PC Heliports PC PC PC (B) _ Hospitals PC PC - Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA PC Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Commercial Uses (J)(Q)(R) __- Ambulance Services - ZA - Animal Sales& Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals—Retail Sales - P 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 y " Building Materials and Services - P ' http//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-21-211-211_04&frames=on Page 2 of 7 '11 04 CO, CG, and CV Districts—Land Use Controls - 9/11/15„-11 36 AM Catering Services P P - - P Commercial Filming P P P - (F) Commercial Recreation and Entertainment - PC - PC (D) - Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments L-4 L-4 L-4 W/Alcohol ZA ZA ZA (N)(Y) W/Drive Through - P P W/Live Entertainment ZA ZA ZA (W)(Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) Food & Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Interment Services - ZA Laboratories L-1 L-1 - Maintenance & Repair Services - P Marine Sales and Services - P P Nurseries - ZA - Offices, Business & Professional P P P Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P Research& Development Services L-1 ZA - Retail Sales - P P (U)(V) Secondhand Appliances/Clothing - P Swap Meets, Indoor/Flea Markets - PC - - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - ZA - Commercial Parking - ZA ZA (P) Service Stations - PC PC (E) Vehicle Equip Repair - L-5 - Vehicle Equip Sales & Rentals ZA ZA L-12 http//www cicode us/codes/huntingtonbeach/view php9topic=zoning code-21-211-211_04&frames=on - `Page 3 of 7 211 04 CO, CG, and CV Districts—Land Use Controls ___ 9/11/15- li 36 AM Vehicle Storage - ZA - Visitor Accommodations - Bed& Breakfast Inns ZA ZA -ZA_ -___ (K) Hotels, Motels - PC- - -PC (I) Condominium-Hotel - - PC - (Z) Fractional Ownership Hotel Quasi Residential Timeshares - PC - (I)(J) Residential Hotel - PC (J) Single Room Occupancy - PC Industrial (J)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) - Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows - TU - Circus and Carnivals and Festivals - - TU - Commercial Filming, Limited - P P (M) Real Estate Sales P P P Retail Sales, Outdoor - TU TU (M) Seasonal Sales TU TU TU (M) Tent Event - P Trade Fairs - P - Nonconforming Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less, allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet L-2--Allowed with a conditional use permit from the Zoning Administrator if the space-is-5;000 square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet (See Section 230 52, Emergency Shelters ) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500°square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square http//www qcode us/codes/huntingtonbeach/view php?topic=zoning code-21-211-211_04&frames=on Page 4 of 7 11 04 CO, CG, and CV Districts—Land Use Controls 9/11/15,:11 36 AM feet L-4 Permitted if greater than 300 feet from residential zone or use, if 300 feet or less from residential zone or use,Neighborhood Notification is required pursuant to Chapter 241 - L-5 Only limited facilities are allowed-subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer - - L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises L-7 Repealed L-8 On-site storage limited to two rental cars or two cars for lease L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities L-10 Permitted if the space is 5,000 square feet or less, allowed with conditional use permit approval from the Zoning Administrator if space exceeds 5,000 square feet In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200 square feet, shall require no additional parking provided the use complies with the following • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • - The instruction area does not exceed 75% of total floor area of the-personal enrichment building area - L-11 Permitted if the space is 5,000 square feet or less, allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area L-13 For wireless communication facilities see Section 230 96, Wireless Communication Facilities All other communication facilities permitted (A) Reserved (B) See Section 230 40, Helicopter Takeoff and Landing Areas (C) Repealed - (D) See Section 230 38, Game Centers, Chapter 5 28, Dance Halls, Chapter 9 24, Card Rooms, Chapter 9 32, Poolrooms and Billiards, and Chapter 9 28, Pinball Machines - - (E) See-Section 230 32, Service Stations — -- --- ---- __ (F) ,See Section 24120, Temporary-Use Permits - (G) See Chapter 236, Nonconforming Uses and Structures (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided These may not obstruct either the public sidewalk or the building entry See also Chapter 5 28, Dancing Halls, Chapter 5 44, Restaurants - Amusement and Entertainment Premises, and Chapter 5 70, Adult Entertainment Businesses (1) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be http//www gcode us/codes/huntingtonbeach/view php7topic=zoning-code-21-211-211_04&frames=on Page 5 of 7 211 04 CO,CG, and CV Districts—Land Use Controls _ _ _ _ 9/11/15, 11 36 AM devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan Any use other than visitor serving-commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to-the_other use or assured by deed restriction as part of the development No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway _ (K) See Section 230 42, Bed and Breakfast Inns (L) Collection containers are permitted in all commercial districts, recycling_facilities as an accessory use to - a permitted use shall be permitted upon approval by the director with Neighborhood Notification pursuant to Chapter 241 See Section 230 44, Recycling Operations (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the director See also Section 230 86, Seasonal Sales - - (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process (1) Retail markets with no more than 10% of the floor area devoted-fo sales,display,-and storage of alcoholic beverages provided the-sale of alcoholic beverages is not in conjunction with the sale of - - gasoline or other motor vehicle fuel - - (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district,public or- private school, church, or public use (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement - - (0) See Section 230 46, Single Room Occupancy (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area, or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e g , increased noise, traffic) (R) Projects within 500 feet of a PS District, see Chapter 244 (S) See Section 230 48, Equestrian Centers (T) See Section 230 50, Indoor Swap Meets/Flea Markets (U) See Section 230 94, Carts and Kiosks (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-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 (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from 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 http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 6 of 7 _ r 111 04 CO, CG, and CV Districts—Land Use Controls 9/11/15,11 36 AM (Y) -Neighborhood Notification requirements pursuant to Chapter 241 - (Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City-(Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites Refer to Downtown Specific Plan (3248-6/95, 3334-6/97, 3341-10/96, 3378-2/98, 3482-12/00, 3522-2/02, 3553-5/02, 3568-9/02, 3707-6/05; 3774-10/07; 3848-1/10, 3859-2/10, 4038-12/14) - View the mobile version http//www qcode us/codes/huntingtonbeach/view php?topic=zoning code-21-211-211_04&frames=on Page 7 of 7 EXHIBIT NO. 8 ?04 10 Commercial Use Classifications 9/11/15;11 38 AM Up Previous Next Maul P�Int No Frames - ZONING CODE Title 20 ZONING CODE—GENERAL PROVISIONS Chapter 204 USE CLASSIFICATIONS 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 1 Animal Boarding Provision of shelter and care for small animals on a commercial basis This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels 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 Hospitals Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use _ 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 With Drive-up Service Institutions providing services accessible to persons who remain in their automobiles 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) http//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on Page 1 of 5 104 10 Commercial Use Classifications = 9/11/15Z 11 38 AM 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 four 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 Limited Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet I Communications Facilities Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major) This classification includes radio, television, or recording studios, telephone switching centers,telegraph offices, and wireless communication facilities 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 ---- _ - 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% 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 - _ -With Alcoholic Beverage Sales. Establishments where more than 10% 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 M Funeral and Interment Services Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries Typical uses include crematories, columbariums, mausoleums or mortuaries - 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 http//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on Page 2 of 5 9/11/15,_11 38 AM 204 10 Commercial Use Classifications services or pleasure boating Typical uses include chandleries,yacht brokerage and sales, boat yards, boat docks, and sail-making lofts v R Reserved S 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 T 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 U 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 V Personal Enrichment Services Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers,reducing salons, fitness studios, and yoga or martial arts studios W 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, self-service laundries, and massage as regulated by Chapter 524 X 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 a sns Y etail Sales The retail sale of merchandise not specifically listed under another use classification This assnfncatnon 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) -- Z 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 AA Sex-Oriented Businesses. Establishments as regulated by Chapter 5 70, and figure model studios as regulated by Chapter 5 60 - BB Swap Meets, Indoor/F'lea Markets An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public CC Swap Meets, Recurring Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis DD Tattoo Establishment Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8 70 EE Travel Services Establishments providing travel information and reservations to individuals and businesses This classification excludes car rental agencies FF __Vehicle/Equipment Sales-and Services - -- --- nttp//www geode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 3 of 5 04 10 Commercial Use Classifications - _ __ 9/11/15;,11 38 AM 1 - Automobile Rentals Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts 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 Limited Light repair and sale of goods and services for vehicles, including-brakes,-muffler, tire shops, oil and lube, and accessory uses,but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles 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 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 GG Visitor Accommodations 1 Bed and Breakfast Inns Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen 2 Hotels and Motels Establishments offering lodging on a weekly or less than weekly basis Motels - may have kitchens in no more than 25% of guest units, and"suite" hotels may have kitchens in all units This classification includes eating, drinking, and banquet service associated-with the facility 3 Condominium-Hotel Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units) within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code Section 1351(f) The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round;while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests _ - 4 Fractional Ownership Hotel Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners HH Warehouse and Sales Outlets Businesses which store large inventories of goods in industrial-style http//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on Page 4 of 6 9/11/15;,11 38 AM- '04 10 Commercial Use Classifications buildings where these goods are not produced on the site but are offered to_the public for sale v_ II Quasi Residential 1 Residential Hotels Buildings with six 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 Timeshare Any arrangement, plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years (3334-6/97, 3378-2/98, 3568-9/02, 3669-12/04, 3757-1/07, 3774-10/07, 3788-12/07, 3 842-I 1/09) View the mobile version http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 5 of 5 F r I _ a r F 4 1 r f r I 1 EXHIBIT NO. 9 { California Civil Code section 3482 . Nothing which is done or maintained under the express authority--of a statute can be deemed a nuisance. F - r t EXHIBIT NO. 10 l 211 02 Commercial Districts Established 9/11/15, 11 39 AM C 5 ». ."Z ^ar'd pz ft ZONING CODE Title 21 ZONING CODE—BASE DISTRICTS Chapter 211 C COMMERCIAL DISTRICTS 211.02 Commercial Districts Established The purpose of the commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows A The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach C The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services (3334-6/97, 3774-10/07, 403 8-12/14) View the mobile version http//www geode us/codes/huntingtonbeach/view php?topic=zonmg_code-21-211-211_02&frames=on Page 1 of 1 4 f F } t f EXHIBIT NO. 11 CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. - - a I r - t r_ EXHIBIT NO. 12 r - CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 26 . The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. f i 1 f l t I 1 I_ I i I i a i c t EXHIBIT NO. 13 2.2 BUILDING USE REGULATIONS c)EntertainmentAechors.� Convenie uses.--� � - • 1 ➢cfi.nitlon An EsraBlishment provtd- M0.1c thcatcrs ➢cfiniti, a"buisrto"es Selltng Small scale pharmacies For the purposes of this Plan,all permitted and conditionally permitted building uses ang resources or activities for extmi.s food and Dads,cr providing conve- small scale grocery or food sales relaxation or enjoyment that is at least nrence ices to serve nearby residen- Convenience siores have been cGasseficd into Use Types Each Llsc Type is defined m Z1 Below and 15,0k)O square feet to size and is a proven ire egltborhoods such as those listed mcludcs uses such as those listed in the accompanying Use Charts The Use Charts gcncratar of significant pedestrian traffic Dclrcatessens,cafes bakc"" inclttdc specific permrttcd conditional and prohibited uses for each Use Type and sales such as those listed Florists • E Uses fisted as prnnrrred in the Development.Standards Charts are further regulated I � s hardware stores l lock&key r herein and are defined as uses permitted by right subject to approval of a hops Sete Plan -- — - Review Uses hated as eandai-at in this section an defined as these which require Video rentals Eainn &Onnian Estabirshments Eatm d.dnn$iit cstata€tshmcnis special consideration either of their impacts on the neighborhood and land uses in the g g' Definition Restaurants bars,clubs or pull se ice wi less thatn 12 seats l vicinity and+oe of than physical organization and design A conditional use shall be • 1 other dtaskmgrentenarnnrent estabtisli- wY Outdoor dnung • �_T --�_.__-- - I considered for approval if the proposed use roufcmts with all xequtxements specified meets such as thou listed - -- ------ — __-._ wl Live entertainment c m the conditional use policy,and if it conforms with thegoals and vision of the h Business Services •� Plan w:'Dancing c ➢cfinfttne Small to medium sized busi- Ranks All permitted uses for a single Center or Segment are allowed either alone or in wl Alcohol c nesses providing services to local busi- l«faai'shtppm Sen'Wes combina[wn unlit any athcr permritcd uses wnrhtn a parcel ed uses ehatare nor Vendor cans spaces or stands nesses and residents such`as those listed Propos Office supply expliettly listed in the Use Chars may be permitted if to is determined by the Planning Adult mietdammenf facilities -- Photo copying&Priming Director that the proposed uses thee[the purpose and intent of the.Plan Special Conditions for Business Services Financial services c Legend Special Conditions for Eating&Drinking Establishments (1) Financial services shall be pemtlucd in this category providing that they Qo Not Pernliited (1) Vendor Cards spaces or stands within the public right-of-way shall require are offer services that cater to and generate pedestrian traffic 001cr 2 O • lricludcd Use thew uses are allowed by right subject to Site plan Review a conditional use pemtr4 I financial scrviccs use>arc to be constdcred under 3)Chili, in this' C Conditional Usc these uses require a conditional use permit They are allowed (2) Clia in and tables for outdoor dining shall be permitted on sidewalks within wcdtan c rf they are deeaned b the a roc sit boil to meet the u osc and initnt of the � Y Y PA g Y A i'p 7 the setbacks zone and within the pub]lc right-of-way provided that Plan - '- �VT -�_ � il(a) The use maintains a minimum five-foot wide unobstructed portion of Pe1SOnd!Services Definition Small io medium steed Barber shops.`hvr 5e nail salons 12 Z I USE TYPES sidewalk comdur which[s clear and unimpeded far pedestrian traffic businesses provtdirrg senates to local Tanning saiors 8 spas Retail (b) The use keeps the full width of the building entrance clear and households such as those listed Yoga&karate studios o } •' - ,- n + . unimpeded for building access z I cstablrshments • S G t} General Retail RequirementsDry cleaning T —_ — 1 - Self scniee.kaundronuts + l (1) Mimmum inicrior height for ground level retail of all types is fourteen --__-- pZ (14)feet from floor to ceiling Use conversions in an existing building - - —�� --------— N may not be required to meet this requirement e Specially Go s Foods 1)Personal Ernnehment Services Definition General retail establishments Apparel&accessory stores ■ r y Definition Provision of insiructional Dever education (2) Any uses featuring outdoor salts or autdoer storage no[clearly'ancillary' selling quality/specialtyener goods such as )dunk sW ecs • services ar facilities lags dance,mania{arts or other to use,shall require a Conditional Use Permit those hated' Art gal lanes • I fitness studios I , a S eta! Goods Anchors Large Scale Goods goods that duc en air tnarktds o _- Fine arts&crabs • artment stores to their size may require close access Sccond hand:antique stores • _ ___ _ ._ -- I Definition A`regains!dcsianaiion' ➢Cp. y req - ---- - G non-food retail store that is at least General merchandise stogies by cars and trucks.such as appliances Appliance&cicctromcs scores k Sernce Commercial&Re oar ! 30 000 square feet to size and is a rov p - electronics,s rtm goods furniture Sporting ds siores . Definition Businesses rovidrr Plumber services i*7 q p Bonk Sri eratores • P's g g p got P g 8 cn generator of signi ficani pedestrian and home furnishings Fumtture Electronics sit &home fiumeshin s services to industry senites that are Vscum cleaner scoring and apph- I,• X � I traffic and sales such as those Its" Electronics =I a g stoles industrial in nature or services that arc ante repair g Quality home department best suited to an auto-oncnted environ- - Gas stations r. a sit erstares O t_---- -W- -.- --- — L—mint such as those leaded w f b Commune Crierrfed Wxhara Co merclai rearion Entertainment I l.o a Sctale Coerurnim it foods ❑ Th.finauon A local desunataon'cvn- Supermarkets • Definition Establtshmen[s providing Small stile movie Theaters • Definition Businesses whose primary t�'arehousc.n..ta rl veniencc store that is at least€5,000 Specialty,food markets r resources or acttvtn ce for exercise Bow lM centers&billiard parlors r activity is the sale or repair of lugc Fquipment retail $uare Fcct in si ca and is a proven relaxation,or m ent such as chose scale,''coanmcmail goods that are not 9 P Pharmacies&convenience loym Health&exercise clubs • Construction supply • oi pedestrian iraffc and sales ' listed phi cularly well quite to pcdcstrt an 5cnerator lx sit erstores Amusedes Restaurant supply 0 such:rs those Eisecd ment arca districts and that require close access try d Community oriented anchors - Auto sit ply stol es over n5'000 s f G cars and trucks SUCK s those hared It 28 . ' I � � ,. .-. .... 1.. r ... y.., .-r. - i.. r , � �.-...-. .I --• '- .- N- ._.- .. � � - . � , �rive i-_ � r .. _ . - - I .-. - m Vehede Sales ) aging : aM. ="fix,_3 -`�k` .? � :": Z Z 2 SPECIAL RETAIL ONFSC3IURA CONFIGURATIONS 1 a , ' Definition Businesses that sell any Mover vehicle sales • Definition Short-term commercial lodg- Bed&breakfast guest houses • kind of motorized vehicle such as those + trig facilities such as those fisted I Hostels D-�,�firntW '.�•�,�..:,4 Y-!��� '_• �;[�'°-� �f"�.•'>=••t ,.�' ,� listed Hotels&motels• • l Spe,;ial Rernd Configurations limn the siz'e of individual tenants and the total amount of retail permitted for Neighborhood Center and Corner Stoic retail clusters as 2)• 9Vic tend Cultural` ., 5" m� r�. ';�`%aA�r;u� � � jr well as the provision of dnvc-through services • S' ,�1'D _^>,,e+w'x',,. :ti•.:..• `. Definition Sm•ices(including educe- Religious assembly • ng which e lion and tit it rites),cultural insti lulions, Baseball,football soccer tennis accupa it A dwelling h unit inwhich the Lave-work units • 2 RE �R�IOo` u;�•.-;M,PA+-, ¢",' `r�„''�} =w�I •'•y; ;' and recreauonal fact hues made avail- and olhcr Sports fends and courts occupant conducts ahome-based Inasi- Hess orenlcrpnse j I i) Whem retail is permitted as part of a Ntighborhood Center Comer Store or ab3c to general public for listed or at a Community centers drive-through it shall conform to the following sue and location tcgwrcmcnts reasonable cost such ass t l hcue listed • k i} Special Conditions fox Live-Work Educational facilities k I Indoor pubhe recreation facilities ■ (1) Work activities that require hazardous assembly,including fabrication a) Neighborhood Center Libraries • manufacturing, repair,or processing operations such as welding and Definition A retail cluster{two or more abutting retail establishments}consisting Exhibition,convention,or confer- • woodworking,or venues including the handling of animals shall require a of(permitted)conve Lance uscs small stale shopping and pcisonal services tliat i tote centers Conditional Use Pernut provide goods and services amenities to nearby rcs[dential neighborhoods City halls • (2) The maximum number of employees not including the awnerlaccupant is Hospitals c ) Special Conditions for Neighborhood Serving Rectal] limited to per unit Courthouses • � i (I) Limited to a maximum of two community oriented anchors 1 Museums (3) Once established,I ivc-Work may not be converted to a solely commercial I or business use However Live-Weak tin tsmay reveal[o solely residential (2) Limited to a maximum of 25,000>quarc feet of non-anchor retail Performing arts foci h ties • as Stadiums not including stadiums USe _ (3) Limited to a maximum siu of 5 0fi0 square feet per Eating and Dnnkmg 1 G for professkonaI s ons teams t establrslimcnts ram- --•.a.__4_--��_*—'"—��;;". 4 r swimming pools • i ��RCSI[ICtI>L3S ���.= � i,y�;s.` :� •'� ,� �'�:�-)i,�'W'„ � (A) Condluonal Use Permit Development including non anchored retail uscs Post offices • Definition All owner-and renter-occupied dwelling units,including attached and exceeding a total of 25 000 square feet Transit facrhnes,terurmals,& • detached.houses mule-unit buildings manufactured and mobile homes stations b) Corner slore to Police stations&fire stations • n AWIte-farrift with Common Lob Ent U L--_—_ — Definition A small store or cluster of stores integrated into a larger budding on Definition Buildings designed as a Dwelhas units,accessory • G7 C two or Lite corner of a pry block Comer StorcS consist of(permitted)conr'enicnce uscs y♦�Cfi •; • 't'y,.; ;• - v -;�*. '�"'•,+,', ti- residence for mi use l Iiple households where Dwelling units pninary, • some dwelling units are accessed from a more households per structure i n,.'`.... "�3 �!-•r_xs f:.�-'';`w.a.,.: ...a_1<'.a na.� small-scale shopping and personal services that serve homes or businesses located q " i u PFofessrorsal Services = '• - _` -' -,- `,• •- common lobby entry or shared hallway within easy walking distance Definition Workpl ate uses including Research&development offices • _ i) Special Conditions for Comer Store Retail rV professional administrative research Educational&institutional offices • lial Mult;4rumilly with Individual E (1) A maximum size of 2 500 square feet per use rw and development,financial,and educa- print&electronic media ofllixs i Ronal activities for businesses,indt vide- Defrnnice Buildings designed as a Dwellin units accessory • (2) A maximum size of 5,000 square feet total per clusicr (newspaper,magazine radio • I residenre for multiple households where Dwelling units primary'nice ar als and non-profit organizattom such as teicvisnon • those listed pate or telecommunicatioris of all dwelling units have a deducted more households r stnacnire (dJ Co dnal s a u�s uindiv and not alreadlarger than 2,500 square fret fiats • entrance accessed directly from a public Providedin, y provided within one(1) sidewalk mile trade area A oilier Any professional executive or administrau ve office use f (3) Comer Store Retail must be located on the comer of a block and the o C t Attached Sr to-Fo mil domes entrance must face a pubic street square or plaza space Defimnon Art"hed homes on separate Dwelling units,access n) Parking spaces intended for Comer Store Uscs must be located otn strecls Off- 6 di Serer parcels sharing common walls vntlr each pwtlUng onus pnrnary one • street parking is discouraged for corner score until shall require a conditional use fl Definition Medical workplace uses and Medical&dental offices or facih- • home featuring an entrance accessed houshold er structure permit .a establishments with employees with ties _ directly from a public sidewalk La medical Ilcenses such as those listed Indoor veterinary clinics c c) Drive-Through Acupuncture,physical.dwmpy ■ - -" µ Definition Service front a building,to persons in vehicles through an outdoor service chic raclor ffI d Detached Sin a-Farad ►lorries window I Psychiatric • Y Qefinw on A detached building de- Dwelling units,accesso IIII signed as a residence for one household Du ells rig Units primary one l Mortuary services • 1�p housliolds per structure 1 p� -- 29 I 223 AFFORDABLE HOUSING REQumEMEYT d) MrscelfaireousProvisions This section contains standard and guidelines to ensure that affordable housing is t) The conditions of approval for any project that requires affordable units shall provided tliroughom the Specific Plan area,consistent with the City's General Plan specify the following Items I Housing Element [l) The number of affordable units, I j R flhatl ,• , r y s , „ ,r u ..t*: (2) The number of units at each income level as defined by the California Hcalth and Safety Code and a) General l.. ? - (3) A list of any other mccnrirves offered by the City , I This section shall apply to new residential projects ihrce(3)or more units in sire n) An Affordable Housing Agreement outlining all aspects of the affordable , housing provisions shall be executed between the applicant and the City and b)4equrrements(or some other approprtak ade) _ recorded with the Orange County Recorder s Office prior to issuance of the first building permit For rental projects,the City Development Agreement , { i) A minimum of 10 percent ofall new residential construction shall be affordable shall be used l housing units,unless the project is within the redevelopment project area,in i which case the equivalent of 15 percent of all new residential construction shall tit) The Agreement shall specify an affordability term as specified by Section be affordable housing units 230 26 of the Huntington Beach Zoning and Subdivision Ordinance n) A City Da elopmcnt Agreement shall be required for projects that include tv) All affordable on-site units tit a project shall be constructed concurrently with or tenial units prior to the construction of the primary project units unless otherwise approved through a phasing plan Final approval(occupancy)of the first market rate tit) For sake units included in the project shall be made available to moderate residential units shall be contingent upon the completion and public availability, W income households as defined by California Health and Safety Code Section or evidence of the applicant's reasonable progress towards anainment of 50093,or a successor statute completion,of the affordable units iv) Developers of residential projects may elect to pay a fee in lieu of providing the v) All affordable units shall be reasonably dispersed throughout the project `S units on-site to fulfill the requirement of this section as allo%vd and pursuant unless otherwise designed through a master plan,shall contain on average the to the requirements of Section 230 26 o the Huntington Beach Zoning and t9 el. f g same number of bedrooms as the market rate units in the project and shall be °i Subdivision Ordinance a comparable with the market rs[c units in terms of exterior appearance materials m v) Developers of residential projects may elect to provide the affordable units at and finished quality an off-site tc mnon kf affordable units are off-site,rbey must be under the full vi) New affordable units shall be occupied in the fallowing manner control of the applicant or other approved party and must be located within the (1) if residerthal rental units are being demolished and the existing tenant(s) Beach Edinger Corridors Specific Plan area boundary i meets the eligibility requirements,he/she shall be given the right of hrst -4 vi) New residential projects shall include construction of an entirely new project refusal to occupy the affordable units(s) or M 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 (2) If there ate no qualified tenants or if the qualified tenant(s)chooses not to t-i exercise the right of first refusal.or if no demolition of residential rental j y c) Off-site Construction ofAffardttble Units t units occurs,then qualified households or buyers will he selected i) Except as may be required by California Government Code Section 65590 or a , successor statute developers may provide the required affordable housing off- £) hice ofAffordable UnrtS - - W site at one or several sites within the City of Huntington Beach in the Beach Affordable housing cost shall be calculated in accordance with the Code Section Edinger Comdors Specific Plan area 50052 5 standards for ownership units and Code Section 50053 standards for rental it) Off-site projects may be new construction or substantial rehabilitation, as units F' defined by the Code Section 33413 affordable housing production requirements, z ofexisting non-restricted units conditioned upon bang restricted to long-term f) Reduced Fees forAf]rordableHousing t aaffordability At Risks units identified in the Housing Element or mobile homes maybe used to satnfj•this requlremcirt Projects that cxcced inclusionary,re quirements on-site will be eligible for reduced yi City fees,pursuant to an Affordable Housing Fee Reduction Ordinance upon w tit) All affordable off-site housing shall be constructed or rehabilitated prior to adoption by the City Council or concurrently with the primary project Final approval(occupancy)of the 1 1 first market rate residential units shall be contingent upon the completion and g) Llensrty Bonus Incentives public availability or evidence of the applicant's reasonable progress towards i attainment of comp€etion,or the affordable units Projects that meet the affordability provisions of Section 230 14 of the Huntington' Beach Zoning and Subdivision Ordinance for density bonus shall be granted an mincentive(s)of concession(s)pursuant to Seenon 2M 14 I 30 i f ' f t 'This chapter sets forth definitions of certain words at phrases used in this Code in Block Perimeter order to promote consis-renry and uniformity in their usage,thereby facilitating the The total length of the public rights-of-way along all hlock Wcs interpretation of this Plan The meaning and construction of words and phrases as Bresxeway t' set forth in this chapter shall apply throughout the Plan unless the context clearly A covered driveway or walkway peneuabng a building to connect to courtyards, indicates otherwise ❑efinitiom contained in the city's Municipal Code shall be parking areas,or alleys at the interior or rear of a parcel i apph ble except when in conflict with deFinmons contained in this chapter or , _ elsewhere in this Code 1n which case this Codes definntimns shall prevail Building Any structure,having a roof supported by columns or walls for the housing or Accessory Building ' cnttosu.re of persons aatmals,eltattels,or property of any kind A building or structure which is located on the same lot and customarily,incidental I i and subordinate to the Primary Budding or to the use of land such as a garage Building Composition Accessory buildings may be freestanding and are not considered part of the Primary A buildiog s spatial anangement of masses and arclutectuml elements in relation to Buildnig Mass when attached to a Primary Building Typically accessory building each other and the building as a whole uses include vehicular parking,storage of lawn and garden equipment,storage Building Disposition of household items play house or green house Accessory buildings may me We The placnnent and one ntarion of a but Wing or bui Idi Figs on i Pa FOCI habitable area such as a home office recreation room,guestbousc or sleeping, room(s) Building Envelope Tlic maximum space a building or buildings array accupy on a parcel Accessory Dwelling Unit A separate,detached,complete housckeeptng unit with kitchen sleeping and full Building 1[eight bathroom facilities,located on the same parcel as a Primary Building but subordinate The vertical extant o£a buttding measured in feet and stones not including a raised basement or a habitable atnc in size Active Living Spaces Building Orientation ° Habitable spaces suchas dining rooms,living rooms or bed rooms that ac commodatc The direction that the primary building facade o£a budding faces i Sliving activities ' j Building Placement Active living spaces do nut include kitchens bathrooms, partially submerged The location of a building on a parcel l basements,or utility spaces Rurldmg Valume Adler Part or all of a building's three dimensional bulk A public orprivate way having an ultimate width ofnot less than 20 feetpermanently Context t reserved primarily for vehicular scrncc access to the rear or side of properties Physical surruµndmgs including a cornbnnalnon of architectural natural and civic otherwise abutting on a street elements that establish a specific dismct neighborhood or block character Alley Setback Corridor The required minimum distance lYn1n an alley s edge of pavement to any building The combination of all elements that eliaractcr17c a roadway This consists of all Articulation c1cmcnis within the public right-of-waylstreel(the vehicular realm f thoroughfare The use of architecrural elements to create breaks in the horizontal and vertical and the pedcsinan realm I public frontage)as well as each adjacent property s surfaces or masses of buildings private frontage Base Corridor Centers and Segments ' An area as defined in the Conidurs Centers and Segments Map whose urban faun • A base treatment is a horizontal articulation of the lower part of a building fa{;adr's design that serves to establish a human scale for pedestrian users and passers-by, has a unique character within the Plan Area The range of Corridors Centers and and aesthetically"tics a building to the ground Segments farms the b sic organizing princplc for the Plan's Quvelopment Codc Block Corrid or Centers and Segments Map e, An aggregate of land,including parcels,passages rear lano5 and alleys,bounded The map that dmgnaws Corridor Centers and SCgmCnts.and dews-mims which r!l by streets or railroad nght5-of-way An alley does not constitute the boundary of a regulations in the T7evelopmenr Code apply to each property within the Ilan Area Block C7 133 Deretopmeni Cade Frontage Coverage Zane Open Space(Public&Fri%Ate) Primary Entrance The chaptu of the Specific Plan containing all Standards, The space between the minimum and maximum front yard Land that may be used for passive or active recreation There The mainlptmcnpal point of pedestrian access into a bwldmg Regulations andGuidelmcs that apply to development wilhln setback lines and the minimum side yard or side street setback 'are a wide range of open space type;including parks plazas, configured as a Pnvatc Frontage Type the Plan Area Imes yards and other configurations as defined in the development Private Frontage DensityFrontage Late 'ride l)The portion of a property between the back of sidewall, The number of dwelling units within a standard measure of A property line that comcpdCS with the corridor public right- Parcel or Assembted Parcel Imc and the primary building facade along any Street land area,usually giver'as units per acre of-way A legally defined area of land undo single ovvvcrship ?)Portions of all primary building facades tip to the top of Development Regulations Frontage Type IParking Lot the first or sewed flour,including building entrances,located All Standards and Guidelines contained within ibis A specific configuration of elenictits that define how public or Apaved area,usuallydividcd into individual spaces,intended along and oriented a setter or active open space document: private frontages may be designed for parking wchmIcs Physical elements of the Private Frontage include,but are not Driveway Garage Parking Structure limited to a budding s primary entrance treatment, scibtck A vehicular lane within a parcel,usually leading to a garage A building used for vehicular parking with no inertial A srructurei sed for parking or vehicles where parking spaces, areas and property edge treatments Or parking area circulation turning radios,and drive aisles are mcorporat-d within the Property structure An endividuatrowner s land, including land improvements Dwtlling Unit Guidelines JJJ] One or mom habitable rooms with only one kitchen,and Principles that provide direction regarding the preferred Partially Submerged Podium and any permanent fixtures on the land including buildings designed for occupancy as a unit by one or more persons method of addressing specnficd design considcrations A parking structure built below the main building mass and trees and other fixtures t o se o g i lvin as a household unit with common g,mn access to all living, Conformance with guidelines is recommended but not partially submerged underground Property Line kitchen,and bafl rooms areas required Passagelpaseo The botiiWam that legally and geometrically demarcates a Fufrau To be located Hisrorl,Resource An at-grade pedestrian connector passing between buildings, property To be located along a frontage hoc A building site or feature that is a kasl,state or national providing shortcuts through long blocks slid connecting public Front age historic landmark sidewalks or front yards to rear yards,,parking areas,and The area between a thomughfam curb face slid the Welk of Entrance or Entry open bpaces A point ofpedestnan access intoa build mg House Scale sidewalk line Physical clements of the Pubhe Frontage To be roughly equivalent ins ize and mass to a detached single Path include but are not liinned to the type of curb sidewalk Fa;adt family house A pedestrian(or bike)way traversing a park or coral area planter strip street tree and streetlight The exterior wall of a building The front of a building or Human Seale with landscape matching the contiguous`open space Public Right-of-way any of its sides facing a public way or spaces frequently distinguished by its ambiteetural treatment To have the size,height,bulk,massing,or detailing that Plan Area For purposes of this plan any area dedicated or subject to creates a comfortableielationshrp to humans The land whose boundary includes all the properties that public fee ownership or an easement for public use for FaSade Composition must adhere to the regulations within this document vehicular an&m pedestrian navel including but not Iimited The relationship between individual clemen lS of a fa Bade as Liner RaildingfUses to streets,all ^s,and sidewalks they relate to the fa4adc s overall design,articulation and A portion of a building with distinct habitable uses located Planning and Building Direetor/Destgner organization along a property frontage such that it conceals the larger Thehead ofa city's planning and building department orother Pabhe Right-0041ay Last l building behind Typically, liner uses are located along individual Who has the authority to make decisions regarding The boundary that legally and geometrically demarcates the I Facade Offset parking garages or large format/anchor retail buildings the implementation of the rcgulatmn_c%h ahm this.plats Public Right-9f-Way A hormonal or vcriicai plane break spanning a facade where one portian'oF a FaSade sets back from another MahnEntrance ` I PlAnter Strip Public Works DirecteriNsignee - iI° Set primary enhance �i l An element of the public 3`ontage,locatod,in 6ata'eeni!the l;, The head,of a city's public works depamnctro[ or other Floor I l sidewitVind the thoroughfare curb face,which accomriiodater, lindatduaf who has the authantyto make decisions regarding See uoiy Multi-Family ` landscaping,mcludmg street trees Planter strips may be the Impletnentanon ofthe regulations within this plan The last of a single burldmk for two or more dwelhngs Front Street continuous or indnidual Rear Yard A street that a buildings primary entrance is oriented Muaretp:l Code Primary Building The area that results Rom a fear yard setback towards AC011ectlonofregutatlllnS that gurde local government A main! nmci al building on a lot, including arks P P g g parking Rear Yard Setback Open Space(Usable) • btmcrums and excluding accessory buildings or structures Front Yard The drstantc bCM'cc7i a rear property line and any building The area that results from a front yard setback Any side yard courtyard or other opcn space that is accessed with a primary facade located within the frontage coverage directly by primary entrance(s)to housing units or office zone Regulations Front YA rd Setback spaces Outdoor or unenclosei area on the ground or on a Regulations include Regulatory Definitions The rules and The distance or range of distances (expressed in both baltony',deck,porch or terrace designed and atccssible for Prima r5'Building Fagade nerformance measures that define Regulations and cstabloh The ns ncropal facade of a bua4ding that t'ar.es a street ter � minimum and maximum)required from the hack.-of-sidewalk outdoor hying,recreation pedes[nan access or landscaping haw Standards apply tee properties Regulatory Definitions do to the primary building facade along a stroct Usable open space does not include parking facilities, open space itol vary from one District to another dnvewa Pritna Building Mass Fronkage Coverage ys,utility or service areas rY g Regulations mclude General Requirements Performance The minimum percentage of the length of the frontage The most prominent portion of the Primary' Building a measures that do not iary from one District to another i-dtnrensional bulk � covcr,,ge cone that shall he occupied 6y a primary building facade(s) 134 s t Ribbon Windows Street Windows Ribbonwindowsare aseriesaflong horizontally proportioned The combination of all elements wtdun the public right-of Openings in aburldmg facade that allow light and/or air into windows interrupted by vertical mullions way the vehicular realm/thoroughfare and the pedestrian the bui/ding realm/pubt is frontage Roof � Zumn$Ordinance The top surface that covers a building Street Type The Zoning Ordinance of the City of Huntington Beach i Services A specific configuration of elemente that define how new Activities and in some instances,dieir structural components streets maybe designed that relate to the maintenance and basic functtontng Streetscape componentsofeach land use These setivtnes may include,but The composition and design of all elements within the public are not horned to trash and recycling areas and aboveground right-of-way the vehicular realm 1 thoroughfare (travel components of wet and dry utilities lanes far vehicles and bicycles parking lanes fir cars and 5bnpfront sidewalks or paths for pedestrians)and the amentttes of the A specific private frontage type Shopfronts are the primary pedestrian realm 1 public frontage{sidewalks street trees and treatment for ground-level commercial o5cs,.designed for plantings benches streethghrs etc} active ground floor aeovities including retail dining and Sustamabihty personal services Physical or design elements that improve envlronmcntal Sidewalk performance,ef5cicncy,and livability to meet the needs The paved area of the public frontage dedicated exclusively of the present without compromising the ability of future i to pedestrian activity generations to meet their own needs"(quatatinn from the our Common Future,World Commission an Environment Side Serbaek and Development,TJnttcd Nations 1987) See Side Yard Setback Tandem lt.rking Side Street An off-street parking arrangement where one vehicle is A street along a corner parcel that is not a front street parked behind the other Side Street Fag-de Thoroughfare The facade of a building that€ypuatly faces a wdr:street The portion of the street between curbs that includes all Srdey rd vehicular lanes including travel lanes turn lanes,parking The arcs that resul is from a sale yard setback lanes Side Y.rd Sed—k Townhouse The distance between a side property line and any Structure A home that is attached to one or more other houses,and requiring a building permit which sits directly on a parcel of land that is owned by the owner of the house Sign Any medium for visual conimumcatiom,which is used or Urban Design Concept intended to be used to attract arten rton The district structure wbtuh serves as the conceptual basis for n.regulations contained in Book 11 - $1gttl�CrR! An important part or arcs or a large quantity Use(aa a verb) To occupy land or water in any manner of to establish,carry Sig HIRCAM Additions our,maintain or continue any acuvt ty or developmenr on land Additions greater than 15%of the buildings floor area orin water regardless ofwhether die activity or development is Single-Frmtly established earned out,maintained ur eonnnued in a manner The a single building for tine dwelling that utilizes buildings or structures on land or in water Standards Wa31 Cladding I All required development spectfieations(Such as permitted 't"Ite exposed materials of a fa4ade that primary walls,base, i land titre types building height dtmenstmis, and setback wall accent trim and other articulation elemcnra are made of ! dimensions.)tlwt vary from one District to another or covered with i � � 7+ Story Window Wall A.habitable level within a building as mcasurcd from finished A wall entirely designed with windows usually from floor floor to finished ceiling Attics and nosed basements are not to floor considered stories for the purposes of determintng building height 1135 k r f 1 _ V - F i i S f EXHIBIT NO. 14 240 06 Fees and Deposits 9/1*15, 11 47 AM P2�V;Ots Next Pi a i-I IS e aw;C i PI i � Nku Frailies ZONING CODE Title 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS 240.06 Fees and Deposits All persons submitting applications for any permits, certificates, development agreements, map approvals, or zoning map or text amendments, or any other approvals as required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and charges View the mobile version http//www qcode us/codes/huntingtonbeach/view php?topic=zoning-code-24-240-240-06&frames=on Page 1 of 1- EXHIBIT NO. 15 f 4 t L t t t S EXHIBIT NO. 16 r ` fP CITY OF HUNTINGTON BEACH - i It9'#ke��i#wtxa OddAs hhwtCity Adamy !, OFECE OF n _ Paul D'Manndro AssisoutCityAy CITY ATTORNEY SWU PW ' Asxssms�t�tyAey ' P.O.Saz I" (t i b€onre Sr Lk�tyCi�l�ttoraey 2000 Mafia street Ab&Fujil ' Michael E. Gates Hu►fington Bft*t uti mia M648 Sr.NvO C* City Attorney Few 47 374ts5 5 Daniel V Ohl Dq,ayc A , Minch 30,2015 Business Licensing City of Huntington Beach 2000 Main St. 5 Huntington Bch,CA 92648 P r Re; Medical Marijuana Dispensaries Prohibited p t r Dear Business Licensing: € � r As you know,Medical Marijuana Dispensaries are not a permitted conmamial,retail,or other use in Huntington Beach. Tho Hu tingm Beale zoning and Subdivision Ordinance (HBZSO) do'es not recognize time dispensaries as licit or legal retail or commercial establishments,and the Flanning and Building Director has consistently male the same determination. P In 2005, the City enacted a moratorium on these types of dispensaries. Ia 2007, the City Council amended the HBZS©to eliminate Medical Marijuana Dispensaries as a pwnitted(uon-profit,, for-profit, retail, commercial, or otherwise) use within the City. Accordingly, since 2007, Medical s Marijuana Dispensaries have not been listed as a pmmifed use in the City and are thereby pmhibi d F in any zoning district in the City. t Moreover, on March 2, 2015, the City Council voted to have an Ordinance amendment prepared that adds expressly articulated language to the CiVs Code(HBZ 30)that Medical Marijuana Dispensaries are prohibited,period. This recent Council directive for an Ordinance amendment dQw not change the City's longstanding prohibition against Medical Marijuana Dispensaries, it just makes the law clearer. , _ - -_-March.30,2013 _ -Page 2 } 4 CotuU have consistently a€ftamed the City of HUntinjban Beach's position.=In recent motes, no fewer than three Medical Marijuana Dispensaries have been slut down. In fact, on Friday,Mash 27, 2015, the Orange County Superior Court granted Huntington Beach's request for a PreliminmT Injunction against a Medical 11 Wjuana. Dispensary. It is .not permitted to operate In Flu lington Beach. Based upon the foregoing prohibitive policy and legal authorities on this topic in the City,any Business License applicant who sees as l t�,gton Beach Business License to open and operate a - Medical Marijuana Dispensary will not be provided an application, nor will the applicant pay the ` application fee The person seeltina a Business Licaw will not be provided an application because !under Huntington Beach Municipal Code Section 5d18.3+60, no license shall be issued to auy persbra s failing to preseat all appropriateornng perixrzts,or who lass failed to comply with au_y other provision f of City Codes. Any attempt to apply for a Business License in light of the foregoing_prohibition t ; Medical Marijuana Dispensaries is futile. However, according to HBZS0 Section 202.08 Rules for ` - - ' - - - R tmpretation, any applicarft:has the right to aw-W an inimpretation of Us prohibition to the Plannipg Commission,as provided in Title 24 of the HBZS0. - if any applicant has any question about the City's laws and/or policy on this matter,-please ask the applicant to write to any oi'f•ice. I will provide a written respoase to the applicant after receipt of a written request. —__--_ __-- -- Thank you agazn ur coapeaa€tion, r i W 1 E. Gates; i City Attorney { City of Huntington Beach 4 1 ` j f" f _ 4 EXHIBIT NO. 17 I MICHAEL E GATES, City Attorney SB 258446 DANIEL K OHL, Deputy City Attorney SB 109372 2 Box 190,2000 Main Street Huntington Beach, CA 92648 3 (714) 536-5555 FAX(714) 374-1590 4 _ Exempt from filing fees pursuant to Government Code §6103 5 Attorneys for City of Huntington Beach 6 - - 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA - 9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, DECLARATION OF SCOTT HESS IN j 12 Plaintiffs, ) SUPPORT OF PLAINTIFF'S EX PARTE 13 ) APPLICATION FOR ORDER TO SHOW vs ) CAUSE RE PRELIMINARY INJUNCTION 14 ) AND TEMPORARY RESTRAINING DANIEL GARFIELD RICHMOND, ) ORDER 15 HUNTINGTON BEACH CARE GIVERS, ) 16 AND DOES 1 THROUGH 50, INCLUSIVE, ) [Filed or lodged concurrently with 1 Request for Judicial Notice 17 Defendants ) 2 Memorandum of Points and Authorities) 3 Declaration of Richard Massi 18 ) 4 Declaration of Al Brady - 19 ) 5 Declaration of Scott Hess 6 Declaration of Jun Slobojan 20 ) 7 Declaration of Daniel K Ohl - - 8 [Proposed Order] 21 22 ) DATE. January 14,2015 TIME 1 30 p in 23 ) DEPT C-10 _24 JUDGE Honorable Linda S Marks ` ) - 25 I, Scott Hess, declare 26 I am a competent adult over the age of 18 and have personal knowledge of the following. - 2 7 facts which I could and would testify to if called as a witness. I make this declaration in support I 28 14-4302/115573 1 I DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND ' TEMPORARY RESTRAINING ORDER I - - 1 of Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to-Show Cause re= 2 Preliminary Injunction -- - - - 3 I am currently employed with the City of Huntington Beach and have been continuously 4 employed with the City for thirty years I am currently the Director of the Planning and Building 5 Department and I have been the Director of Planning for six years The Code Enforcement 6 Division is under my supervision and has been for six years I am familiar with the City's land 7 use zoning districts, use classifications,the Zoning and Subdivision Ordinance and the e requirements for zoning approval in any zoning district I am also aware that a business must have 9 a business license to operate in the City 10 The City's Zoning and Subdivision Ordinance is comprised of Titles 20-25,with each title 11 containing several chapters and each chapter containing several code sections The Zoning and _ 12 Subdivision Ordinance is permissive in that it lists the uses which are permitted Chapter 205 13 entitled Use Classifications, sets forth which uses are permitted It lists uses under Residential, 14 Section 204 06, Public and Serra-public, Section 204 08, Commercial,Section 204 10, Industrial 15 Section 204 12,Accessory, Section 204 14,and Temporary, Section 204 16, use classifications 16 The use classifications describe and group uses having similar characteristics, but do not list every 17 use or activity that maybe within the classification I, as Director, have authority,pursuant to le Section 204 02,to determine whether a specific use is within one or more use classifications, or. 19 not within any classification I, as Director,have authority to determine that a specific use is not 20 within a classification if its characteristics are substantially different than those typical of uses 21 within the classification The decision I make maybe appealed to the-Planning Commission - - 22 The operation of a medical marijuana dispensary is not a permitted or allowed use as it is 23 not mentioned in any of the use classifications Every medical marijuana dispensary that has 24 inquired or sought approval to operate has been told they cannot, as it is not a permitted use It is 25 a use which is substantially different than other uses in the classification No appeal has been 26 made to the Planning Commission regarding my decision Each use of a site must get zoning 27 21 14-4302/115573 2 I DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER -- - 1 approval prior to the issuance of different types of permits, certificates of occupancy,business - 2 licenses or utility service connectio in Section 3 I declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct - 5 Executed this 41t'day of 2015 at H tmgton Beach,California - 6 7 4scottss 8 9 = 10 11 12 13 f 14 F 15 16 - - - - 17 - R r 18 - 19 20 - 21 - - _ � r 2 2- --- - i 23 24 - - - 2 5- - 26 27 28 144302/115573 3 - DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER - PROOF OF SERVICE OF PAPERS _2 STATE OF CALIFORNIA ) _ ) ss 3 COUNTY OF ORANGE 4 -- I am employed in the County of Orange, State of California I am over the age of 18 and 5 ' not a party to the within action, my business address is 2000 Main Street,Huntington Beach,CA 6 92648_ -7 On /� �// ,I served the foregoing document(s)described as 8 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 10 11 on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows - 12 Huntington Beach Care Givers BY HAND DELIVERY 13 17416 Beach Blvd 14 Huntington Beach CA 92649 (714) 475-5502 15 Cristian Peirano,Esq VIA email to clp@peiranolaw com 16 Peirano&Associates, Inc 1666 N Main Street, Suite 350 17 Santa Ana, CA 92701 18 clp@peiranolaw com 19 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct 21 - Executed on /�/�j , at Huntington Beach, California 22 23 oan 4"deth 24 25 - 26 27 144302/115573 28 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER t i 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 3 - - - 4 CITY OF HUNTINGTON BEACH and ) PEOPLE OF THE STATE OF ) E _ 5 CALI_FORNIA, ) 6 Plaintiff, ) 7 vs ) Case No. 30-2014-00745511 Y - 8 DANIEL GARFIELD RICHMOND, ) HUNTINGTON BEACH CARE GIVERS, ) , 9 and DOES 1 through 50, ) r Inclusive, ) - 10 ) Defendants. ) I 12 - - 13 - 14 15 DEPOSITION OF ' i 16 SCOTT HESS 17 SANTA ANA, CALIFORNIA 18 FEBRUARY 23, 2015 19 20 21 REPORTED BY PATRICIA A PAGANO, CSR 8406 i 22 23 24 - 25 1 - 1 I to the zoning code open for the public to come and look at, - 2 correct' 3 A Yes 4 Q. All policy decisions -- 5 A. Correct - 6 Q. -- is that correct' 7 A.- Yes 8 Q Okay Very good k 9 MR FUJII: I've got to make a phone call. I got a- - 10 text. Can I just take a short break' 11 MR. PEIRANO. Sure Let's go off the record -- 12 (Recess ) r i 13 (Record read.) 14 MR. PEIRANO• Let's go back on the record - 15 BY MR PEIRANO• - 16 Q Have you issued any policy decisions with respect 17 to medical marijuana at all" 8 A. No You know what? Would you mind rephrasing the 19 question? 20 Q. I' ll ask you another question t 21 A Okay 22 Q Did you feel the question was unfair? 23 A No 24 Q Did you feel it was incomplete? 25 A Yes r 39 1 Q Okay What would I have needed to do to make it a A _ 2 more complete question for you? 3 A. Written policy or verbal? 4 Q. Well, before I -- before I ask you that, I read F 5 over the zoning ordinances and specifically with _policy_ - 6 decisions 7 A. Uh-huh 8 Q They're supposed to be available to the public to 9 be read, so I don't contemplate that they would be verbal 10 policy decisions, correct? 11 A. That' s correct. - _ t 12 Q. Because that wouldn't be fair to the public to try 13 to figure out? i- 14 A Correct 15 Q The point of the policy decisions and keeping them i 16 in writing is so there can be some consistency. - 17 Isn't that correct? 18 A Yes 19 MR FUJII. Vague and ambiguous -- objection. Vague and 20 ambiguous to the term "policy decisions" if, in fact, that C 21 is not the term specifically used in the code 22 MR. PEIRANO Well, you're the attorney for the City of - 23 Huntington Beach. You know whether or not policy decisions 24 defined within the zoning ordinance I'm going to tell you 25 what it is Do you want to know that? 40 1 MR FUJII. I don't know -- just vague, ambiguous as to 2 that term If you understand that term, that's fine 3 BY MR. PEIRANO- 4 Q Are policy decisions defined in the -ordinance code's 5 A- Yes - 6 Q Very good 7 And when I asked you the questions earlier today 8 about policy decisions, you understood me to be asking you 9 about those policy decisions as they're provided for in the 10 zoning code, correct? 11 A Yes 12- Q. Okay. Very good. - - - 13 MR FUJII Earlier you said "ordinance code." Do you 14 mean zoning code? 15 MR. PEIRANO Uh-huh I did. 16 - MR FUJII. Okay. _ 17 BY MR PEIRANO 18 Q And I apologize I'm not a zoning attorney or-a 19 specialist in that area I imagine that if I get something 20 wrong, instead of you adopting my statement and continuing 21 wrong, you' ll probably end up correcting me and letting me 22 - know that I'm mistaken, so -- you don't have to do that, 23 but, in all fairness, so we can have a good discussion, I 24 would expect you to do that, correct? 25 MR FUJII You don't have to answer that 41 i -- I f " r I r EXHIBIT NO. 18 BOUT BUSINESS LICENSES... ' e � a � e a e � � e e - • v - - _ elcome to the City of Huntington Beach business _ mmunity This inform ation guide-is intended-zs a - mmary of information you will need to know in You can obtain an application from City Hall, or ter to operate a business in Huntington Beach download one from our website at Certificate of Occupancy required by t .is guide is provided as a public service It is not vnrrw huntin tonbeachca -gov Look under the Planning and Building Dept for businesses if - q -inclusive and any specific questions should be Finance Dept for Business License Complete the commercial or industrial location Call (71 ected to the Business'License Division at (714) application and bnng it to City Hall on the 1"A floor, 536-5271 or ipick up an application from C 6-5267 Clarification and definition can also be 2000 Main Street or mail it to Business License, Mall and in the Huntington Beach Municipal Code, P O Box 190, Huntington Beach,CA 92648 , If you Fictitious Name (dba) - must be filed if y Is 5 A City of Huntington Beach business are in a commercial location in the city, you may choose a business name that does not,iriclu Anse is not a re u ato license need to fill out an application for a Certificate of your own last name Contact the Cour pay or t e public safety needs of the people Occupancy for the Planning and Building Clerk's office at (714) 834-2889, go online Huntington Beach Department, who can be reached at (714) 536- http ffwww oc ca govfrecorder or contact yt 5271 local newspaper office Special Permits- required by the Police D€ for certain types of business activities Sor se City of Huntington Beach Municipal Code The business license cost is based on a flat tax examples are firearm dealers, pawnbroke 4uires most businesses operating in Huntington plus additional amounts if there are more than 3 psychic reading, massage, live enterta€nme liach to pay an annual business license tax employees, more than 1 business vehicle or coin and bingo Call (714) 536-5267 or the Pots iciness Licenses are not transferable between operated machines A typical business license Dept at(714)536-5991 for more information mers, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, A- Seller's permit (Resale #) -- required by t ration upon notification to Business License and $41 60 Additional amounts added are as follows State Board of Bqualixabon if you s proval by the City Planning and Building Additional Employees 4 _ 12 $4 00 each merchandise Call (949) 440-3473 or vi apartment All businesses, trades, professions, 13-52 $3 00 each www hoe ca gov Ilings, or'occupations operating in the City need > 52 $2 00 each Business License These include but are not ill Health Permit - required for food handler sited to Additional vehicles Under 1 ton $12 00 each permanent make-up, tattooing or bo Any business in a commercial or industrial 1 to 3 tons $35 00 each piercing Contact O C Environmental Health location IOver 3 tons $46 00 each (714)433-6000 Home-based businesses are required to a a one- Federal Tax iD # - required if you ha Persons who have a home office or use their `� pay home as the headquarters of their business time fee of$2 00 for a Home Occupation Permit, in employees, are incorporated, or have addition to their license registered partnership Call (800) 829-1040 Businesses, which are located outside the city, visit www irs gov but transact business in the city such as Some business licenses are calculated differently contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, special events, ' Worker's Cci have a employ Insurance ace services, fumigators,telemarketers etc vending machines, out of town contractors, pool required if you F�ave employees Contact yc halls) Call(714) 536-5267 for these licenses local insurance agent, state fund or vi Independent contractors such as doctors, www dir ca govfworkers' camp html real estate brokers, hairdressers, janitorial A- Liquor License- required by the State De contractors, and home party demonstrators , e . - • - - e ■ e of Alcoholic Beverage Control if you sell Apartment owners of three or more units A business license may be issued at Citv Hall le serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sell merchandise from you wait Your pTic`atfo riGs e complete and www abc ca gov their vehicles, such as gourmet food trucks and include all necessary documents You may need r Conditional Use Permit - required by t ice cream trucks to bring the following Seller's Permit showing a Planning and Building Dept for sor Temporary businesses such as a one-day or Huntington Beach location, Health Permit, businesses such as five entertainment, dan weekend event in the city, or a short-term Certificate of Occupancy or receipt Your schools, Internet cafes, or alcohol sales C seasonal business application may also be mailed to City Hall Be sure (714) 536-5271 How to Obtain a tiat'if,l Don't Obtain a License? - -� l Haw To Do Business in the City of Huntington ■ ] ductiog-business-.fin-.tU-6t.'Mtb ut,a Li�ensE '.. _'i$ ch --�gurd�"�o` EC�rivirtiec i7eV�lopmenf _ i��1 s cens n result in penalties, Notices of Violations. and �,r,�y huntingtynbeachca govlde'3artmentsfED . 111 Iministrative Citations It is a misdemeanor. to }late the City Business License ordinances IN Huntington Beach Small Business Assistance in Center located at the Huntington Beach ; >'I Deed to Display My Business License? Chamber of Commerce 2134 Main Street 1 =s, all business licenses must be posted in public #100, Huntington Beach (714) 536-8888 Un in onBeach .w at the fixed,location of the business For ,®j D S Small Business Administration -,provides )se buisinessesi without a fixed location, the sponsrble party must carry the business license financial ' assistance programs, guide to th them while conducting business ir`t Huntington resources and workshops (714) 550-7420 or acli www sba gov N1i $C C R'E Service Corps of Retired )w Often Do I Need to Renew It? Executives Workshops and counselors for isiness licenses are renewed annually A small businesses Call (714) 550-7369'or visit ,e urtesy'notice is mailed 3 weeks before the due www score114 org to However, you are responsible for reviewing ur license whether or not the renewal notice is '0i California Permit Assistance Center -eived If the payment is received more than 30 information on local, state & federal permits ys past the due date, a 10% per month penalty is www cal old ca gov arged Notices of Violation and Administrative f�l Small Business Corner - helpful information Cations may also be issued abort taxes from the IRS www trs gov m Moving to a New Location in the City �i�l Small Business Development Center - City of Huntington Beach case notify, us of your new address, -phone provides ,help; to small businesses through rnbe'r, and'any'other changes to your,business 1,'+on-1 counseling, ,workshopsiand education 86SineSS License ter compliance with any applicable city ; seminars '; Call (7'i 44- 564'S200'! or visit juirements, your business license , may be wwvv ocsbdc corn insferred to the new location for a small fee If 2000 Main reef u are moving to a new commercial location, you . . _ 4 - 1st Floor I need to apply for a new Certificate of - Huntington Beach :cupancy Better Business Bureau (714) 985-8915 hat it I Stop Doing Business or Move Away? Building Permits (714) 536-5241 CA 9264 t us know in wnting if you want your license Chamber of Commerce (714) 536-8888 ncelled No refunds are given when the Community Services Dept (714) 536-5486- Phone: (714) 536-5267 siness ceases Consumer Affairs Dept (800) 952-5210 Fax: (714) 536-5934 in i Transfer My License to Someone Eire? Contractors State License Board (8{70) 321-2752 isiness Licenses are not transferable from one tier to another The new owner must apply for a Employment Development Dept (888) 745-3886 Hours 8 00 am - 5.00 pm siness license in their name Franchise Tax Board (800) 8525711 Monday to Friday here Do I Bind You? Office of Secretary of State (916)653-3794 ;www.huntingtonbeachca goy e are located at 2000 Main St on the corner,'of Sign Permits (714)536-5271 iiktown and Main, in the Civic Center on the 15` State'Compensation Ins Fund (714)565-50,00 Business license@surfcity-hb orn or Enter the main Administration Building and low the signs to the Business License counter Zoning Department (714)536-5271 I E _ I r - EXHIEI'T- N®. 19 - - - City of Huntington Beacb,California-Pernut Center-Certificate of Occu http//www huntingtonbeachca gov/government/deparknents/buildmg_safe - frame 1 W'tttlttD,. RoQdwtOMMMABusies visittars Smims Abmtt t Bud�ng& foty n >�nt, � r >s �,rsarel�>nr I Getherdl Info — � New$ sittesses and Corttfwate of otcgmcy Mws&Kgbvft ; DWYOU know? t iPerud Cover Cnfarmatiott Vsforkirzg ott your rarartti need PeHrwt AppllaaHtix�Farm D What ma certirmate of ocari arm �to iel nd of the usscirdrr7stoi Parrrtt Appim odl Protect the ernironnent GUI& Who needs a Ce�WcafeotiaceUP0AW7 atidffispo;w of 4In Me right t7ew$usiness$CerEaf W,y7lna �rtiriasreo[©gCE7p8riay9 Xt?Y-€atfiear-bYling7r>e ' - _ �14DM 110 krer Wft tlse,our Pre ceriiffCateoMixopa v zo of these oars. - — fox Penr"ertia s avokt unaxpeOxid oos% l Pee 6 akutabar D Steps4o Acquire a certiftle of O=VOM,77 ; ItsspectbrtSr§Yvtcs V-whaitsthef role et of eai - PlanR&view wha3<o�utoa$fiat= �.�# aoatetcsticYtnsp + i? € Foray,S;Appliicattgns back0 q;What t$a Cei'tiFcaty of Oacu�al+�yr? A:A Certificate of t�txtpancy(or CofCj),9sa certificate issued by the Building Again:(714j�iS�24s wtu 1taCr14) BSa tr tpepalttnert, challowscecupancyortrseotaboldingorstrixtureor portion thereof Fw�-1714)3774-1647 bacX to-Wp- - Walk-in Wort Q: Who needs OL CertificAdo o?octmpancy? Vq9jV-ffKkW 6 ODaMW5.MPin fcdosed MbaNln t wpnrxi*) All txt Ines sopetatlni'?vtttaln 1�antingtnft 8eac11 city falllts,ta�ard ss rtyott art _ �l planningto occupy-artexisttng building grbyjjd�w-popsbw ton Q. Why do 1 need a Certificate of Ocewan;:Y? birwto top A: it prote ttkYOU4ho business owrie[, Alibudcfts Pit bulifi to stae code specification. We-trtspea-yote building pursuacrtta those codes,to ensm your safety; !fire safety of your a mpbyees and the safety bf those who visit your fac Aty Q; ertifr Use our Pre Ccote of Occupancy irtspectWO Program trArdt to truss - (Building Code Cowpganco Report)to avo;d unexpvted costs --_ - - A: Applyi gfnra Bufidipg Code ComphanR&t�eportis a proactive approachto identify and cd mect any possible deficiencies before anew owner ortenant7fs involved Cost forte servtoe coincides with the CeMrate of occupancy fees(based otf the We of dEcupancylas shown inthe Fee Schedule This processllinsnates citteVected costs I i for-code conerkgns l We will research the approved plans and permit history for a specific address, perform an inspection and-give the applicant adetaifed report on the Inspection t fir4ngs Byuvrtg this firocessit can be!determined lfsrgruttcantaltaratlottshave oncurred without permtls. Exanplesof common problems we, * Nor!P9MxftdM=arunes in Tranutaatur<ng orwaremuse% t+Nonpeffuded tenant trrproxementworkwithrnbLikAngs(addlionofaddiGonalofr"space) l Exptre"d buildng andt6rassaclated permts where the work was urstaRed t Mechanfcat,electricaland pluntmgwork that req,*es permtsand r'$Ungc ) a t:xilingout of buildings per occupancy classification V Adiacent budcrg*s or units use anotor occupancy tYPe s Notrperrratted eiecutcarchamestotheservice or sub-panels anddisinbutiotr changes In occupancy classdfcafiors f Q-Steps to Acquire a Certificate of Occupancy? bads to top 4/13/2015 1 24 PM- 1 of 3 i City of Huntington Beach,California-Permit Center-Certificate of Occu http//www huntingtonbeachca gov/government/departments/building_safe tpt13C i went toS . Rtsitkxtts Gwt zt Bush= vishom Sri" N Itt HB f - - Location occupyinglte-wConstruction Occupying anor needs New Tenant ` Existing Su9ding Impravemen# --- € - -- Step� lst floor, -n J An applicaritm ust 1 Business have or apply fora An applivant waist have or apply License current-City of forte current City of t-luuntingtorr { 11unV*On Beach Beach Businets i_icer . ` Rosiness t_iceme. I SipButitt Ethe foibwf -- j 2-- _3W flop r, 2sotsorwetlbr ir�tias rred _ - Pianni parismi;ttie Ka nn-Wo CoerOr SubKmt att - - - for review pan chack_sub Tfitar- app�;:ation fiar3 � ,si. _ _ - E C rtlficateo# AR ,frtaCer IUM'ef - 0ocfipanPY Obtatn pam. t{ipe plans ate .dung Clearance, coirowteen Incorironuance withlanoweR01Vrr04^ - . i�ianr�igDeparfinentvr3rtsiyn € tie p1a;f su m(tfat application=- ~ Step 3rd Fbor, _ . Plans wit be remw for slim App�eati4tm f2evteVv, requirwrients fourreritly,,pfan + 3 BulicT g pro coss�gancf >gp i -- — C omter check is runrtr aprox rtm tely payment of fees. 15 woMi,*days tot first mvidwl - - - - - stets -_3rd float.- Ott fhe plaris,"at state 004e - -ii -, - - 4 sulk" requlietnents,€ees are collected t C owter and abuiilding-tsermt is Issued. -- -- -_ - ^gyp t A}4orr>ated 5 inspection (3nsite Inspection on site fnsetietout -- Line Step ism Floor, Final Approval of at 6 Bilsiness Flrfa iflpptovalo#rtpp6csdan - - =_= - License Application step Mailed to _ _ W Certificate of Qccupancy wig be --- — _ 7 you Certificate of mailed to you upon conpletion of - Occupancy all construction&final lnspwkon approval - Qt what is the Cast of a Certificate.of OccupamY9 W M _ ciaBiCto tt>p _ A-Fees are based ontlte Occupancy T!pe Please seethe attached Fee Sched*. "there is no additional cost for a Certificate Of 0duparicy which is part of cumntiy - _ "Ited comjtrucdoa at the same looahort however,if a temporary CeAficAte,Of , Occupancy should the neWed prior to fig cornp)edon of constrwtion,approval Must ba obtained from the lrispectiun fiNanagerand a fee must be pald prior to tbee issuance Of temporary Certificate of Occupancy. - ----- - Q:what do we took for during a Certificate of*ccupancy t° p 1nspeaWn? k A Certificate ofoccttpancy inspectlon is required for all new businesses-and for - tenanf inprovemeras to existin btftngs For=re specific intmiation see Cei'aflcate- ,E of Occupancy Inspectipns. - Forms backtio top 4/13/2015 1 24 PM 2of3 - — -- - City of Huntington Beach,California-Pernut Center-Certificate of Occu... http//www huntingtonbeachca gov/government/departments/buildrng_safe Romp I wwo- Residents Goveramit &Ieum vishom - savices AbMUB _ _-- E _ 1 I --- -- l ito I rew l%isrtars(btm nes$I pOvgrtsraeiit I sarmes i s&a cap Iierrsrs of use%sr sF�femehi 1 coeYa43 r d�r�cE�✓risira s )�a 2WO horn Street,Eiutftton beach,Cardomta$4648 - (b Copyriw*200215 cay-Of futon Beach—AU r4gtfs reserved $surf C3y USA is a regatered trademark of tisa Fk9iiroton Baach Markfatkag aid Mars B(teau - — 3 of 3 4/13/2015 124 PM 4 4 l - EXHIBIT NO. 20 f . Mar. 4. 2015 4:59PM C�g ATTORNEY No. 1692 F. 7 , � •�� �y '' �CY`Y"�' OF �n(�1�T1(��TO�BEACHzv1�v�� AssisrauCdgn000<ap CITY AT OPMY . MsslMoost PA I40X11�1 srn�,�pcayr�ar Miehwl E. Gates =#Mitt Sfreg a1w Fu.W I3[tntwoom 00*Cs>i QMU ntas Sr DVnWC4 Afta ey City AU=CY TdrpW . (7M 536-5555 IDSMIL OM F=sWft (114)314-1590 E4UWCWAbwW VIA WAIL to W1 @Pek-MPl W-COm NlaWh 4,20IS Cxi56an L-I"eiro,P-4 Peinmo&Associates,IM f 1666It Main Strom,State 350 Sang Ana,CA 92701 lip: City of HWjisg an Beach V.Daniel Garjkld fehmond QCSC No.745511 Dew Mr.Mum: This roviII cam our conversation today ooneen&g the s6king ofI&allegations pow in paragraph 12 of the conownt. Such allegaiitnls were mimkienly included. As such,I ba`Ve agreed to sbcike tbase allegations from the complaint. Thank you for yaw comusy on this is= very tndy YQVM 1) �c,om Depute City Atttune 14-43mnj&120_doD r EXHIBIT NO. 21 1 MICHAEL E GATES, City Attorney SB 258446 DANIEL K OHL,Deputy City Attorney SB 109372 2 Box 190, 2000 Main Street Huntington Beach,-CA-92648 3 (714)536-5555 FAX(714) 374-1590 - - 4 Exempt from filing fees pursuant to Government Code §6103 5 Attorneys for City of Huntington Beach 6 7 - 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) DECLARATION OF JIM SLOBOJAN IN 72 Plaintiffs, 3 SUPPORT OF PLAINTIFF'S EX PARTE 13 APPLICATION FOR ORDER TO SHOW vs ) CAUSE RE PRELIMINARY INJUNCTION 14 ) AND TEMPORARY RESTRAINING DANIEL GARFIELD RICHMOND, ) ORDER - -- - 15 HUNTINGTON BEACH CARE GIVERS, ) 16 AND DOES 1 THROUGH 50, INCLUSIVE, [Filed or lodged concurrently with I Request for Judicial Notice 17 Defendants ) 2 Memorandum of Points and Authorities 3. Declaration of Richard Massi 18 4 Declaration of Al Brady 19 ) 5 Declaration of Scott Hess 6 Declaration of Jim Slobojan 20 ) 7 Declaration of Daniel K Ohl _ 8 [Proposed Order] 21 22 ) DATE January 14,2015 TIME 1.30 p m. 23 ) DEPT. C-10 - ) JUDGE Honorable Linda S Marks 24 25 1, Jim Slobojan, declare 26 I am a competent adult over the age of 18 and have personal knowledge of the following 27 facts which I could and would testify to if called as a witness I make this declaration in support 28 14-4302/115578 1 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTS APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER i of Plaintiffs Ex Parte Application for Temporary Restraining Order_and-Order to Show Cause re 2 Preliminary Injunction. _ 3 1 am currently employed with the City of Huntington Beach in the Finance Department I 4 have been continuously employed by the City since November 1999 I have been in the Finance 5 Department since February 2006, and have been a supervisor for the Business License Divisions 6 since November 1999. I am the Fiscal Services Manager and supervise the Business License - 7 Division One of my job duties is that I am the City Business Tax Collector and in that capacity I -- — s maintain and have access to the files for business tax certificates and/or business license=for all, 9 businesses operating within the City A business tax and a busmess license are the same thing 10 Every business that operates within the City must maintain a business tax certificate or 11 business license,pursuant to Huntington Beach Municipal Code Section 5.08 010. A business that 12 wishes to conduct business within the City must obtain a business tax certificate by filling out an 13 application and paying a required fee A business may not operate in any manner without a 14 business tax certificate or business license I am the custodian of the records for business tax 15 certificates or business licenses within the City I keep the original application on file at the City, _- - 16 organized by number, and I am able to search our database by address- - 17 _ 1 have personally_searched the City's records for the property located at 17416 Beach 18 Blvd, in the City of Huntington Beach and the business known as Huntington Beach Care Givers 19 Based upon my review of those records and my own knowledge,I know that the City has not 20 issued a business license for a medical manjuana dispensary currently operating at the property, 21 The City has not issued a business license for any medical manjuana dispensary in the City. 22� - -If a person or business claims they are a non-profit business and applies for a non-profit; 23 business license,the City would require the submission of appropriate paperwork to document 24 their non-profit status The City, on the advice of the Internal Revenue Service,would also _ 25 independently verify their non-profit status through the use of www guidestar or Unless - 2 6 properly verified,the City would not issue a non-profit business license 27 28 14-4302/115578 2 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE _ APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RES IT AINING ORDER - - i _ 1_ _ __ I searched the www guidestar.org site to verify an approved non-profit-status for 2 Huntington Beach Care Givers No such business was listed as a non-profit status 3 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct _ 6- Executed this day of 2015 at Huntington Beach, California - = -- - - - -7 Jim Sl ofan- 10 11 12 13 16 15 17 - 18 19 - - - 20 22 - - = 23 24, _ {- 25 26 -- 27 28 144302/115578 3 _ -= DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY-INJUNCTION AND TEMPORARY RESTRAINING ORDER — i PROOF OF SERVICE OF PAPERS _ 2 STATE OF CALIFORNIA } - ss 3 COUNTY OF ORANGE 4 I am employed in the County of Orange, State of California I am over the age of 18 and 5 not a party to the within action,my business address is 2000 Main Street, Huntington Beach, CA - _ 6 = 92648 _ 7 On I served the foregoing document(s) described as - DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER io 11 on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows 12 - - Huntington Beach Care Givers BY HAND DELIVERY 13 17416 Beach Blvd _ 14 Huntington Beach, CA 92649 - (714) 475-5502 - G 15 Cristian Peirano,Esq VIA email to clp@peiranolaw com 16 Peirano &Associates,Inc 17 1666 N Main Street, Suite 350 Santa Ana, CA 92701 18 clp@peiranolaw com 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct 21 Executed on, f at Huntington Beach,California. r 22 l - - I 23 -Joan Naideth = _ 24 25 26 - 27 14-4302l115569 28 - DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE_ APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND- TEMPORARY RESTRAINING ORDER - EXHIBIT NO. 22 - - - EXHIBIT NO. 23 -- EXHIBIT NO. 24 - i SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER CITY OF HUNTINGTON BEACH AND ) PEOPLE OF THE STATE OF CALIFORNIA, ) Plaintiffs, ) Vs. ) Case No. 30-2014-00745511— DANIEL GARFIELD RICHMOND, ) CU—MC—CJC HUNTINGTON BEACH CARE GIVERS, ) AND DOES 1 THROUGH 50, INCLUSIVE, ) Defendants. ) i DEPOSITION OF ALBERT BRADY, JR. Santa Ana, California Thursday, February 26, 2015 r Q. Okay So they coordinated an inspection. 18 A Yes 19 Q Okay. So you get out there These two 20 gentlemen are there 21 What--what's the situation? 22 A They enter the business I follow them They 23 explain to the gal behind the plexiglass in the lobby 24 that they were to do an inspection. She excuses herself 25 for a moment, comes back within a minute, allows us 62 � t - 1 entry into the building 2 Q Okay So you go in 3 And what happens? 4 A They are looking for any possible building 5 violations and Fire Code violations As they were doing 6 that, I was assisting, and I noticed that the marijuana - 7 merchandise was still there in the glass containers with 8 price menu board on the wall there 9 Q Okay. Now,if the fire department finds a 10 violation, do they call the code enforcement department r 11 to handout the citation, if one is necessary, or do 12 they handout citations? Do you know? 13 A They don't have us handout citations They do 14 their own paperwork 15 Q Okay. Really Okay Interesting 16 Did -- do you know if they handed out a 17 citation on that day? 18 A. No 19 Q No,you don't know, or no, they did not? 20 A They did not