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HomeMy WebLinkAboutAppeal of Joint Decision of Planning and Building Director a (19) City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca gov Planning Division NOTICE OF ACTION Building Division 714 536 5271 714 536 5241 November 3, 2015 Medical Aid Program d b a Med-Aid HB 17511 Griffin Lane, #6 Huntington Beach, CA 92647 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 17511 GRIFFIN LN., #6 (PLANNING APPLICATION NO. 2015-137) APPELLANT/ APPLICANT: Medical Aid Program, d b a Med-Aid HB PROPERTY OWNER: Sheren Truong/Nhu Truong, 17511 Griffin Lane, #6, Huntington Beach, CA 92647 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 17511 Griffin Ln., #6 (Planning Application No. 2015-137) LOCATION: 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side 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 lamesrly, urfcity-hb org, or the Planning and Budding Department at (714) 536-5271 Sincer Scott es 1CP Director of Planning and Budding 127701 Notice of Action PA 15-137 November 3,2015 Page 2 SH JJ kdc Attachment Findings For Denial— Planning Application 2015-137 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 Attorney 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 Sheren Truong, Property Owner Nhu Truong, Property Owner Cristian Peirano, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 Project File ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2016-137 FINDINGS FOR DENIAL— PLANNING APPLICATION NO. 2016-137 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 manijuana 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 204 18 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 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 1 127701 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 HBZSO Section 212 04 lists all the permitted and conditionally permitted uses in the IG (General Industrial) zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use HBZSO Section 212 04 adds that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use 8 HBZSO Section 204 02 provides that the Director of Planning and Building shall determine whether a specific use is within one of the permitted Industrial use classifications The Director shall exclude the use "if its characteristics are substantially different than those typical of uses named within the classification " The Director finds that medical marijuana dispensaries are substantially different that Industrial, Custom or any other permitted or conditionally permitted use in the IG (General Industrial)zone 9 Zoning approval of Planning Application No 2015-137 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 10 Planning Application No 2015-137 (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 the limited exemption for dispensaries in Industrial Zones in November 2007 Further, in June 2015 the City enacted HBZSO Section 204 18, which prohibits medical marijuana dispensaries throughout the City of Huntington Beach 11 Planning Application No 2015-137 (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 HBZSO 2 127701 SUPPLEMENTAL COMMUNICATION Meeting Date: & • �� { Agenda Item N �,_ �3 CITY OB HUNTINGTON 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: #10 - 17511 Griffin Lane, #6 (Planning Application No 2015-137); #11 - 19142 Beach Blvd., Suite Y(Planning Application No. 2015-146); #12 - 17416 Beach Boulevard(Planning Application No. 2015-147); and #13 - 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. Itean 10 (Planning Application No. 2015-137) Page 3 Section C. Planning Commission Meeting and RecomFendation— ond paragraph should be replaced in its entirety with: "Two people spoke during the public hearing. Both speakers on 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 (Planning 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. Item 12 (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 Co CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 111212015 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 Planning And Budding Director, And Finance Director To Deny Zoning Approval, Business License And Certificate Of Occupancy For Medical Marijuana Dispensary At 17511 Griffin Lane, #6, Because Dispensaries Are A Prohibited Land Use (Planning Application No I 2015-137) Statement of Issue On or about June 16, 2015, Med-Aid HB ("Applicant") submitted applications for a business license and a certificate of occupancy to operate a medical marijuana dispensary in the IG (General Industrial) zone at 17511 Griffin Lane, #6 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 (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 20418 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) The Planning Commission affirmed that marijuana dispensaries 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 1'1'4A" Item 10. - 1 xB -452- 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 2015-137 Alternative Action(s) The City Council may make the following alternative motion- Continue Planning Application No. 2015-137 (Appeal of Director's Decision) and direct Staff accordingly. Analysis A Project Proposal Applicant/Appellant Medical Aid Program, d.b a Med-Aid HB, c/o Christian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Ste , 350, Santa Ana, CA 92701 Property Owner Sheren Truong/Nhu Truong, 17511 Gnffin Ln , #6, Huntington Beach, CA 92647 Location 17511 Griffin Ln , #6 (west side of Griffin Lane, south side of Slater Avenue) Planning Application No 2015-137 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 17511 Gnffin Lane, #6 B Background Applicant opened and began operating a medical marijuana dispensary on or about June 26, 2013 On February 5, 2014, the City filed suit against the Dispensary owners in City of Huntington Beach v Med-Aid, Case No 30-2014-00702871 On December 12, 2014, the Court granted the City's motion for a preliminary injunction, which closed the Dispensary pending trial because it was a nuisance per se since it was a prohibited use under the City Municipal Code and Zoning and Subdivision Ordinance Trial is set in the Case for May 23, 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 in a different dispensary case, City v Richmond, Case No 30-2014-00745511, ordered the City to "accept and consider Richmond'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 order in Richmond, the City began accepting applications for business licenses and certificates of occupancy from medical marijuana dispensaries, including applications from Applicant on June 16, 2015. (Attachment No 3 of Planning Commission staff report) 2 127442 xB -453- Item 10. - 2 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 Planninq Commission Meeting And Recommendation On August 25, 2015, the Planning Commission heard Applicant's appeal Because the City Attorney is presently suing Applicant, the City retained attorney Matthew Silver to advise the Commission during the public hearing (Mr. Silver will similarly advise the City Council at the public hearing ) One person spoke during the public hearing and stated his opposition to the Director's decision and to the proceedings themselves The speaker, Cnstian Peirano, the Applicant's attorney, stated he thought they were appealing the denial of the business license, not the Planning and Budding Director's decision denying zoning approval for the land use Mr. Peirano also stated that the medical marijuana use was a retail sales use and should be permitted in the IG, Industrial General Zone Planning Commission Action on August 25, 2015 The motion by Kalmick, seconded by Brenden, to deny Planning Application No 2015-137 (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, in the Richmond case, the judge ordered the City to extend the appeal for a one-week period, until September 11, 2015 On September 11, 2015, the Applicant filed an appeal of the Planning Commission's denial (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 Budding Director 3 Item 10. - 3 xB -454- I Finance Director 1. The Citv 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 adds that because HBZSO Section 20418 expressly states that marijuana dispensaries are a prohibited land use, 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 20418 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 20418 Section 20418 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 is equally effective 2 Applicant Was Not Wrongfully Denied An Opportunity To Apply For A Business License Applicant claims that before opening its dispensary on Griffin Lane, it attempted to apply for a business license but the City denied it Applicant offers no evidence that it ever applied for a business license, but even if it did and the City rejected it, its remedy was to sue in Superior Court to obtain an order compelling the City to formally act on the license application The remedy available to Applicant was not"self help," i e , to open up the business in defiance of the City's prohibition of such dispensaries More importantly, the City has since accepted Applicant's business license application, as this heanng demonstrates The applications are now being considered on the merits, and should be denied on the merits because medical marijuana dispensaries are a prohibited land use 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 Applicant raises this claim at page 1 of its appeal and discusses it in detail at pages 3-5 4 127442 HB -455- Item 10. - 4 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 Moreover, Applicant was not prejudiced in any way by the hearing before the Planning Commission Applicant wanted a hearing before the City Council, and now it has one II Planning and Buildma 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, when the Director of Planning and Building denied Applicant zoning approval as an illegal land use, he then correctly denied the certificate of occupancy 2 The Planning Commission Correctly Heard The Appeal Of The Denial Of The Business License And Certificate Of Occupancy The business license and certificate of occupancy that Applicant seeks could only be granted if it obtained all zoning approvals (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 Applicant Although 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 Reject 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 hearing 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 seek review first by the Planning Commission, and then by the City Council The City charged the standard fees 5 Item 10. - 5 HB -456- for both appeals Consequently, Applicant's claim that the Planning and Building Director "misappropriated" fees is mentless 11 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 20418 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 Industnal Zones of the City In November 2007, the City Council adopted Ordinance No. 3788, which amended the Zoning Code to specifically repeal the 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 Section 204 18 to the HBZSO. 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 Marijuana Dispensaries Are Not A Permitted Use In The General Industrial Zone As explained above, not only have dispensaries been prohibited throughout the City, they are specifically prohibited in the General Industrial Zone 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 Industrial Zone. The City Council should reject this claim HBZSO Section 212 04 lists all the permitted and conditionally permitted uses in the Industrial Zones Medical marijuana dispensaries are not listed as a permitted use. HBZSO Section 212 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 within the 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.) Applicant claims that dispensaries share the same characteristics as "Industry, Custom," a permitted use in the General Industrial zone Section 204.12 defines "Industry, Custom" as follows "Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. 6 127442 xB -45 7- Item 10. - 6 Small-Scale Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on-site Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture " Applicant claims in its appeal that dispensaries are a Custom Industrial use because they "take the medical manjuana in its raw form to process and treating it in preparation for its final sellable form either as a medical marijuana cigarette or edible form " The HBZSO offers several examples of small-scale, custom industry uses such as ceramic studios, candle-making shops and custom jewelry manufacture A medical marijuana dispensary is comparable to none of them Medical marijuana is provided through the cooperative or collective cultivation efforts of patients and caregivers The sale of medical marijuana, currently a federally classified schedule 1 substance, is an "all cash" business which imposes public safety concerns for the City A dispensary is not a machine shop, but a noncommercial cooperative or collective endeavor Consequently, even if dispensaries were not prohibited throughout the City, and specifically in the Industrial zones, they still would not qualify as an "Industry, Custom" use Applicant also relies upon Section 211 02 regarding Commercial Districts and retail uses, but this argument is misplaced because the Griffin Lane property is located in the Industrial, not the Commercial zone, and "retail" is not a listed use in any Industrial zone (HBZSO Section 21204 ) More generally, dispensaries are not a retail use The case of City of Monterey v Carmsh►mba (2013) 215 Cal App 4th 1068, is directly on point. In that matter 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 decided that the operation of a dispensary was not "personal services," (id at 1092), or prescription pharmacy or medical supply house (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 CUA and MMP [Compassionate Use Act] come together to cultivate medical marijuana " (Id at 1093 ) In summary, medical marijuana dispensaries have been a prohibited use within this City since the City adopted Ordinance No 3788 in 2007 There has not been a change in the City's prohibition since then 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 2015-137, Applicant's appeal, and the 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 177A/17 Item 10. - 7 BB -458- Attachment(s) 1. Findings for Denial— Planning Application No 2015-137 (Appeal of Director's Decision) 2. Appeal from Applicant, Medical Aid Program, d b a Med-Aid HB, 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 Marijuana 11 HBZSO Section 20418, Prohibited Uses 12 HBZSO Section 204 02, Use Classifications 13 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated October 23, 2015 SH-JJ kdc 8 127442 xB -459- Item 10. - 8 Al-TACHME i ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-137 FINDINGS FOR DENIAL— PLANNING APPLICATION NO. 2015-137 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 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 1 127701 Item 10. - 9 HB -460- 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 The correct fees were collected for the appeals to the Planning Commission and the City Council 7 HBZSO Section 212 04 lists all the permitted and conditionally permitted uses in the IG (General Industrial) zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use HBZSO Section 212 04 adds that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use 8 HBZSO Section 204 02 provides that the Director of Planning and Building shall determine whether a specific use is within one of the permitted Industrial use classifications The Director shall exclude the use "if its characteristics are substantially different than those typical of uses named within the classification " The Director finds that medical marijuana dispensaries are substantially different that Industrial, Custom or any other permitted or conditionally permitted use in the IG (General Industrial) zone 9 Zoning approval of Planning Application No 2015-137 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 10 Planning Application No 2015-137 (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 the limited exemption for dispensaries in Industrial Zones in November 2007 Further, in June 2015 the City enacted HBZSO Section 204 18, which prohibits medical marijuana dispensaries throughout the City of Huntington Beach 11 Planning Application No 2015-137 (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 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 HBZSO 2 127701 HB -461- Item 10. - 10 FATTACHMENT #2 R" ECEIVED SEP j-E- 2015 RECEIVED 1 De oaf Piann;ng & Bul, ng JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED I-X'K VF PIATWWM 26, 2015 2 CITY CLERK 3 CITY OF TO CITY OF HUNTINGTON BEACH CITY CLLY_VI �CIL 4 FROM. APPLICANT,Medical Aid Program d.b.a Med-Aid HB 5 C/O&to the Attention of Cristian L Peirano, Esq of Peirano &Associates, Inc. 1666 North Main Street, Suite 350 6 Santa Ana, CA 92701 7 Date: September 11, 2015 8 RE Appeal of City of Huntington Beach, Finance Director,Lori Ann Farrell& Director of Planning& Building, Scott Hess's denial of business license 9 application certificate of occupancy to operate medical marijuana dispensary rendered on June 26, 2015 and Mailed Successfully on July 7, 2015. 10 Pursuant to the Honorable Judge, Andrew P Bank's court order dated September 3, 2015, the 11 12 City Council is ordered to hear Sheren Truong's and Med-Aid's appeal of the Finance Director's denial 13 Med-Aid's business license application and the Planning &Building Director's June 26, 2015 letter of 14 denial 15 Accordingly, Sheren Truong on behalf of Medical Aid Program d b a. Med-Aid HB demand by 16 way of this appeal that the City of Huntington Beach issue Medical Aid Program d b a Med-Aid HB a 17 business license along with all applicable permits in order to operate medical marijuana dispensary at 18 the location commonly known as 17511 Griffin Lane# 6, Huntington Beach, CA 92647 for the 19 20 following reasons: Appellate demands pertaining to Finance Director,Lori Ann Farrell's decision: 21 ISSUE NO. 1: The City of Huntington Beach's denial of business license application based o 22 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to pass 2014 18 is void 23 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' 24 Ordinance No 3 700 25 ISSUE NO. 2: Med-Aid, prior to operating, attempted to apply for business license, but was 26 27 wrongfully denied its due process rights to submit its business license application because of the City' 28 mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from zg in the zone where Med-Aid operatea Item 10. - 11 xB -462- II JOINT_ _____ APPEAL OF Al T TSSTTFS RATSFT)TNTFTF('TTY'4 TnTNTT Y 4T(',NFT)T FTTFR T)ATFT) TTiNF?F ?(175 I ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 2 decision was defective in that HBMC section 5.08 310 clearly states that an applicant aggrieved by an 3 decision of the Finance Director 5 04 through 5.16 may file an appeal with the City Clerk within 15 day 4 of the date of mailing and that such appeals be filed with the City Clerk and not the Director of Building 5 6 and Planning as incorrectly being tasked with the appeal The notice of decision, however, states that the 7 appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days i g which to do so and according to the telephonic confirmation no submission is allowed by mail when al 9 others are allowed to do so. 10 AppelIate demands pertaining to Planning& Building Director, Scott Hess' decision: 11 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 12 decision to deny Med-Aid's certificate of occupancy be declared null and void as a result of the 13 14 Director's solicitation of application and the processing of the application without payment of fees firs 15 for the application 16 ISSUE NO. 2: That the City Council find and determine that the hearing conducted by the City 17 Planning Commission be declared null and void and without effect as a result of it hearing an appeal tha 18 was intended and paid for the purpose of being heard before the City Council and not the Planning 19 Commission 20 ISSUE NO. 3: That the City Council find and determine that the fees paid by appellee for the 21 22 appeal to the City Council be refunded to the Med-Aid and declared to have been misappropriated b 23 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordered 24 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept. 25 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 26 demand that you do so and take into consideration the Court's statements that the retail sale of medical 27 marijuana does in fast constitute commerce. Secondly, we demand, that the council in reaching it 28 decision do so considering the laws in place at the,time when appellant attempted to seen a ti,einae HB -463 Item 10. - 12 JOINT ,,-,...--'APPEAL OF AT T TQ4ZTTT7Q VATQRTI TNT TTIF(`TTV'Q TnTTTTTT V QMT.TRTI T FTTT:T? TIATRTI TTTTTR )4 ) ITC I license in the first place and not under the changes that the City has attempted to in place, after May 4 2 2015 3 That's just — under these facts, doesn't fly. Because I got news for the city. 4 Medical marijuana is merchandise. Under the clear, commonly understood definition of what merchandise is, it's some product that is for sale, some thing or 5 product, but a person who is in the business of selling it. [See Exhibit 1 Court Transcript Statements by the Honorable Judge Andrew P Banks] 6 ARGUMENT 7 I. The City of Huntington Beach's denial of business license application based on 8 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 9 section 65858(e) as it duplicated the City's Ordinance No. 3700 10 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 11 business license application its application for business license was denied because: 12 Earlier this year, the City passed an ordinance that expressly prohibits the 13 establishment of Medical Marijuana Dispensaries or related businesses in Huntington 14 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 15 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 16 zoning laws (HBZSO Sections 204 02, 2014.10, 21104, and 215 04) 17 See Exhibit"2" City of Huntington Beach June 26,2015, denial of business license application. 18 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 19 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858,ET. SEQ. 20 The City's June 26, 2015, denial of business license application by Med-Aid makes it clear that 21 the City thinks that it passed Ordinance 4059 on May 4, 2015 Passage of an urgency ordinance, such a 22 this one, is subject to particular procedures that must be followed by the City adopting a zoning 23 ordinance However: 24 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 25 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 26 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 27 study within a reasonable time 28 California Government Code section 65858(a) [Exhibit 3] -I- Item 10. - 13 JOINT HB -464-APPEAL OF I I ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 While enacting Ordinance 4059, the City invoked this provision: "Pursuant to Government Cod 2 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 3 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 4 health, safety, or welfare" 5 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 6 dispensaries. 7 The ability to simply bypass procedures based upon the willingness of a city council to male 8 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 9 approval of additional subdivisions, use permits, variances, building permits, or any other apphcabl 10 entitlement for use which 1s required in order to comply with a zoning ordinance would result in that 11 threat to public health, safety, or welfare" (Gov. Code § 65858(c)) would seem ripe for abuse, and the 12 City does just that. Fortunately, subdivision(e) steps in to prevent the City's abuse 13 When an interim ordinance has been adopted, every subsequent ordinance 14 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 15 termination of the first interim ordinance or any extension of the ordinance as provided in this section 16 California Government Code section 65858(e). (Emphasis added) [Exhibit 3] 17 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 18 marijuana dispensaries" No two interim ordinances can address the same subject on the same land fo 19 the same reason and purpose 20 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 21 The City admits there was a previous moratorium in the new interim ordinance: "The City o 22 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries " In fact, 23 the City adopted it on February 22, 2005 24 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 25 3700—"An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marihuana Dispensaries" with specific findings regarding the detriment to 26 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 27 moratorium The motion carried by the following roll call vote: AYES: Hansen, Coerper, Sullivan,Hardy, Green, Bohr 28 NOES Cook ABSENT: None n�i HB -465-F APPEAL OF Item 10. - 14 JOIN a --a.--— AT T TOOT TUO n A Toren n.T TUT:r-TrVIQ TnrnTTT v QT(:ATFTI T FTTFR DATPr) TTTNF 96 2015 I City Council Minutes,February 22, 2005 2 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant to 3 California Government Code Section 65858(a) this interim ordinance shall become effective 4 immediately" (Ordinance 3700, § 4) Including the amendment to cut the effective period down to 3 5 days, the moratorium expired on March 25, 2005 and can not be re-enacted ten years later pursuant 6 to Government Code section 65858,subdivision (e) As a result,the current state of the law in the City 7 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 8 medical manjuana dispensaries. 9 H. Sheren Truong prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license application 10 because of the City's mistaken belief that its municipal code sections prohibited 11 medical marijuana dispensaries from operating in the zone where the dispensary was located. 12 13 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 14 its business licenses 15 "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 16 requirement, not a permit to conduct, manage or carry on any business activity within this 17 City (838-6/61)" 18 HBMC section 5 04 090 License not a permit. [Exhibit 4] 19 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 20 and is not intended for regulation (766-7/60) 21 HBMC section 5 04.020 Purpose [Exhibit 5] 22 According to the City's own pamphlets available on line as of the date of this appeal states the 23 following 24 A City of Huntington Beach business license is not a regulatory license but is a 25 tax to help pay for the public safety needs of the people of Huntington Beach 26 About Business Licenses, City of Huntington Beach's website <http //www huntingtonbeachca gov/ 27 files/users/finance/How to—do bus flyer pdf[Exhibit 6] 28 Item 10. - 15 JOINT HB -466-APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNF 26 2015 1 Medical Aid Program's property falls under the City's industrial use classification as Custom 2 Industry: "A. Industry, Custom. Establishments primarily engaged in on-site production of goods b 3 hand manufacturing involving the use of hand tools and small-scale equipment" HBMC Zoning 204.12 4 Not only that but because medical marijuana dispensaries may only sell medical marijuana,to i 5 members then the property can also simultaneously qualify for classification as a club or lodge unde 6 Huntington Beach Zoning Subdivisions & Ordinances section 204.08 Public and Semipublic Use 7 Classification. 8 Now under the City's land use laws a property classified as Custom Industry can perform retail 9 sales of goods such as medical marijuana 10 211.04 CO, CG, and CV Districts—Land Use Controls In the following schedules, letter designations are used as follows 11 "P" designates use classifications permitted in commercial districts 12 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. 13 ***] 14 Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 15 elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under 16 the heading. CO, CG, and CV Distracts Land Use Controls 17 P=Permitted 18 [*�*] Co CG [Commercial CV Additional 19 General] Provisions 20 Industrial 21 Industry, - L-6 L-6 Custom 22 CO, CG, and CV Districts: Additional Provisions 23 24 L-6 Only "small-scale" facilities, as described in use classifications, are permitted 25 with a maximum of seven persons employed full time in processing or treating retails products, limited to those sold on the premises. 26 27 Huntington Beach Zoning Subdivisions & Ordinance section 21104 28 JOIN F APPEAL OF HB -467_ Item 10. - 16 AT T TccT TFc R AKFT)TN THE CTTY"4 ToINTLY SIGNED LETTER DATED JUNE 26,2015 1 1 This is exactly what Medical Aid Program does, which is take the medical marijuana in its raw for 2 to process and treating it in preparation for its final sellable form either as a medical manjuana cigarette 3 or edible form This is allowed in this zone for this property and for this purpose. 4 The next question is what retails sales are allowed and what merchandise can be sold in the sector 5 where the Property is located? Those two questions are easily disposed of in the City's municipal cod 6 section that follows regarding the permitted use by Med Aid Program under HBMC 204 I OY 7 a. The retail sale of medical marijuana is provided for under the City of Huntington Beac 8 municipal code section under: 204.10Y states 9 Y. Retail Sales. The retail sale of merchandise not specifically listed under another use classification This classification includes department stores, drug stores, clothing stores, 10 and furniture stores, and businesses retailing the following_goods toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and 11 equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and 12 wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation) 13 Hunting Beach Zoning& Subdivision and Ordinances section 204 1 OY [Exhibit 8] 14 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 15 "Permissive," in circumstances such as this, means that if something is not specifically provided for o 16 allowed then it is not permitted and/or is prohibited 17 In this case, however, there are two reasons why this does not apply as a matter of fact and law. The 18 first is the code section above, is a catchall provision providing for the right to sell merchandise "Retail 19 Sales The retail sale of merchandise not specifically listed under another use classification."Huntington 20 Beach Zoning & Subdivision Ordinances Section 204 I OY 21 This language lifts it out of the permissive analysis to a prohibitive statutory analysis. Under a 22 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 23 under the permissive scheme Nothing which is done or maintained under express authority of a statute 24 can be deemed a nuisance California Civil Code section 3482 [Exhibit 9] 25 As a compliment to that section and in order to further understand the application of the language i 26 establishing that the City's laws do embrace medical marihuana dispensaries. 27 21102 Commercial Districts Established 28 The purpose of the commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations Three commercial zoning districts Item 10. - 17ere estnbhshed bXthis ch2pter ac fnllrHB -468- JOINT_ ____- __ APPEAL OF AT T TssTTFs RAT4FT)TN TffF C TTV's TnTNTT V sTC:NFTI T FTTFR TIATFTI TTTNF )r, W114 I [***] 2 B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. 3 Huntington Beach Zoning & Subdivision Ordinance section 21102 [Exhibit 10] 4 This section clearly establishes that if dispensary is seeking to sell medical marijuana that It fall 5 within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 6 clear through its use of the terms "full range of retail . businesses" meaning the complete spectrum o 7 retail businesses without any further qualification whatsoever 8 This section does not say "a moderate range of retail businesses", "some retails business", o 9 "everything except medical marijuana" The City could have, but it did not Clearly, persons, such as 10 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 11 City of Huntington Beach. 12 The second reason why the principal of permissive code interpretation is inapplicable in this case 13 comes by way of Art 1 , Sec.'s 1 & 26 of the California State Constitution. It mandates that the right 14 involved with medical marijuana deal with certain inalienable rights 15 "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 16 property, and pursuing and obtaining safety, happiness, and privacy" 17 California Constitution,Article 1, Section 1. [Exhibit I I] 18 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 19 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or better 20 tolerated through the use of medical manjuana It also involves the right to be safe from chronic pain o 21 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 22 23 through the use of medical marijuana. The right to medical marijuana however, is not an absolute or an unfettered right The right t 24 medical marijuana is subject to proscription under the language provided for under Californi 25 Constitution Art I Sec. 3(b)(4) that guarantees and mandates that if such a right is to be limited o 26 denied that such limitation or prohibition must be achieved through due process of law and under equal 27 protection of law. In order to meet this mandate, those like the City seeking to limit or take away an 28 person's rights to medical marijuana, must do so through express words —7 HB -469-F APPEAL OF Item 10. - 18 JOIN, 1`w11 VL V ... 100c T—n♦TCIr_n TXT'rur 11TTVIQ TnTATTT v QTf-NTRTI T FTTFR TIATFTI TTTNF 96 2(115 I "The provisions of this Constitution are mandatory and prohibitory, unless by express 2 words they are declared to be otherwise " 3 California Constitution,Article 1, Section 26 [Exhibit 12] 4 The reality is that this property falls squarely within the classification of light industrial located a 5 the address commonly known as 17 511 Griffin Ln,#6, Huntington Beach, CA 92647 6 According to the key provided by the City's own laws, under 21104 provides retail sales and ligh 7 8 industrial area where the subject property is located Commercial businesses qualified by the designation 9 L-6, Which according to the City's code key involving additional provisions for "L-6 only small-scat 10 facilities as described in use classifications, is permitted with a maximum of seven such person 11 employed full-time and processing or treating retail products, limited to those sold on the premises.' 12 [Huntington Beach Municipal Code section 211041 limited industrial encompasses 13 Manufacturing the finish parts or products, primarily from previously prepared 14 materials, and provisions of industrial services, both within and close building. This classification includes processing, fabrication, Assembly, treatment, and packaging, but 15 excludes basic industrial processing from Ron materials and vehicle/equipment services, 16 but does allow food processing for human consumption 17 HBZSO section 204 12C 18 Med-Aid processes medical marijuana from the stem of the plant and breaking it down and 19 processing it by removing stems and leaves down to the actual usable component to be placed 20 within rolling papers for his final assembly as a medical manjuana cigarette to the end-user, i e., 21 patients by way of retail sales This is clearly provided for and stated under section 21104 which 22 23 permits retail sales in general commercial zones 24 Therefore what retail sales are allowed in general commercial zones use classifications which 25 states full. 26 retail sale of merchandise not specifically listed under another use classification 27 This classification includes... drugstores, and businesses retailing the following goods• . 28 handcrafted items,medical supplies, .." Item 10. - 19 HB -470- JOINT. -" . APPEAL OF AT T TQQT TFC R ATQFn TN TAR rTTV'Q TOTNTT V CT(;NFTI T RTTFR TIATFTI IT TATR 74 InIr I HBZSO section 204 10Y 2 Appellate demands pertaining to Planning& Building Director, Scott Hess' decision: 3 At the time appellee went down to the City to submit the b-dsmess license application, the 4 counter personnel at the Finance Department asked for the certificate of occupancy form, which appellee 5 obliged There was no expectation that the certificate of occupancy would be acted upon at the time 6 7 given that the Court's order allowing medical marijuana dispensaries to submit business license g applications was based in large part on Defendant's California Code of Civil Procedure section 526a t ax 9 payer action. That action claims that by the City wrongfully refusing business license applications,and 10 corresponding fees that the failure constituted waste. 11 Therefore, at the time when the certificate of occupancy form was asked for by the City, there 12 was no expectation that it would be acted upon until after the Finance Department approved the license 13 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court h 14 15 declared that not accepting the application and not accepting the fees would be waste 16 Nevertheless, much to the surprise of all of the medical marijuana dispensaries that applied for a 17 business license pursuant to the Court's May 29, 2015 preliminary injunction against the City the 18 response to the application carried with it an unexpected surprise. a joint letter of denial The joint denial 19 was from the City Finance Director, Lori Ann Farrell, but also a Planning &Building Director, Scott 20 Hess for the certificate of occupancy application that the Finance Department received without-payment 21 22 of any fees. 23 The letter summarily determined that appellee could only appeal the decision to the City's 24 Planning Commission and only appeal the Planning and Building Director's decision and not the 25 Finance Director's decision. This was strange as no fees were paid for the processing of a certificate of 26 occupancy so no decision should have been rendered 27 All persons submitting applications for any permits, certificates, development 28 agreements, map approvals, or zoning map or text amendments, or any other approvals as required by this ordinance code, or filing meals, shall pay all fees and/or depoc;tR M, HB -471- Item 10. - 20 JOIN, ....... -F APPEAL OF AT T TOOT TOO n ATOVT%n.T7'L rTrV'Q TlITATTT V Q1(VPf-)T FTTFR TIATFTI TTRTF 96 201r, I provided by the City Council's resolution or resolutions establishing applicable fees and charges. 2 Huntington Beach Zoning & Subdivisions Ordinances section 240 06 Fees &Deposits [Exhibit 14] 3 The mandate that the certificate of occupancy be paid for is absolute, no discretion, because 4 "shall" is the utmost and strongest form of command No fees were paid and therefore no processing o 5 the application should have ever been made and therefore no need to appeal a decision that never shoul 6 7 have been made 8 III. CONCLUSION 9 Now,before attempting to make a decision on this demand for an appeal joint letter of denial as 10 ordered by Honorable Judge Andrew P Banks,we believe you should ask yourself the following 11 questions 12 1. Why did it have to take a court order for a preliminary injunction to get the City to accept 13 14 business license applications for medical marijuana dispensaries? [Voice Recording] [Exhibit 15] 15 2 What law,policy,regulation or custom and practice did the City have in place that allowed 16 City employees to know that they could refuse to provide a business license application to? 17 3 What law, policy, regulation or custom and practice did the city have in place that allowed 18 City employees to determine on their own what class of persons that they could summarily reject at the 19 counter and refuse to accept business license applications and fees from9 20 4 What law, policy,regulation or custom and practice did the city have in place that allowed 21 22 City employees to direct all medical marijuana dispensaries to go the City attorney's office if they 23 should want to apply for a business license9 24 5 What law, policy,regulation or custom and practice did the City have in place that allowed 25 City to issue a written statement to every applicant seeking a business license application for medical 26 marijuana dispensary"that it is futile"to attempt to procure a business license in the City of Huntington 27 Beach9 [Exhibit 16] 28 6. Under whose direction did the Citv's Planning and Building Director, Scott Hess, decide that Item 10. - 21 HB iv-; � -472- r,,,„.r,,,.. T JOM i� i iL yr APPEAL OF r�.r mrn11110 Tl1TAT'M V c TfIXTUn T T7-r=T) TI ATT:T,TT T-KM 71c IAIC 1 he would provide declarations under oath in support of the City's lawsuits against medical manjuana 2 dispensaries falsely claiming that no policy decision of his was ever successfully appealed that he later 3 admitted he never gave? [Exhibit 17] " 4 7 Why has the City attorney chosen to represent to the Courts that the City can regulate through 5 its business licenses when its own laws and statements to the public clearly establish that it cannot? 6 7 [Exhibit 18 statue& online pamphlet] 8 8 Why has the City Attorney represented that the First Step in getting a business license is to go 9 to the Planning and Building department when the City's own diagram with instructions on its web page 10 clearly showed that the "first step"was to go to the Finance Department on the First Floor? [Process] 11 [Exhibit 19] 12 9 Who decided overnight, on May 2, 2015, to change the diagram establishing that the first'step 13 14 in getting a business license was to go to the Finance Department to the"first step" in getting a business 15 license was to go to the Planning&Building Department? [Exhibit 20] 16 10. Under whose direction did the City's Fiscal Services Manager, James Sloboj an, decide that 17 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 18 dispensaries claiming that he had checked the City's records and that he could find no application for 19 business license when the City had a custom and practice in place of not accepting nor cataloging any 20 business license application from any medical marijuana dispensary? [Exhibit 21] 21 22 11. Under what authority was the Planning &Building Director, Scott Hess, acting under when 23 he decided to process without payment a certificate of occupancy? 24 12 Under what authority was the Planning &Building Director, Scott Hess, acting under when 25 he decided that he would take Med-Aid's July 17, 2015, Demand for Appeal of Denial Of Business 26 License by Director of Finance and commandeer it to be heard by the City Planning commission and not 27 the City Council as it should have in the first place?The Court, on September 3, 2015, in this case had t 28 order the City Council to hear this appeal because Mx Hess and the City Attorney refused to HB -473- Item 10. - 22 JOINT oo-,.i..,.�,t APPEAL OF .T r T.nt inn r ..r.T�ram.mrm i-.mc»n T/I XT—v OT.— MrL T-0-r rUD r%A'rUr% n ITL'74 1 a I Z 1 appeal and make its way to you as it should have. 2 13 Under what authority was the Planning& Building Director, Scott Hess, acting under when 3 he decided that he would take Med-Aid's$449 00 payment for the appeal of the Finance Director's 4 decision and use it for an appeal of his decision which Med-Aid was not appealmg9 Payment was made 5 6 under"protest"further reinforcing the fact that Mr. Hess misappropriated City money. [Exhibit 22] 7 14. What law, policy, regulation or custom and practice did the City have in place that allowed 8 the City Clerk to refuse to accept Med-Aid's appeal (as well as all other medical manjuana dispensary 9 clients' appeals) when she is mandated to accept its appeal under HBMC § 5.08 310 10 15 What law, policy, regulation or custom and practice did the City have in place that allowed 11 its City Clerk to refuse to accept Med-Aid's fees for an appeal (as well as all other medical marijuana 12 dispensary clients' appeals)that she is mandated to accept payment for under HBMC § 5.08 310 13 14 16 Up until the filing of the instant action why did the City have a Custom &Practice of falsely 15 accusing each and every single medical marijuana dispensary defendant of selling medical marijuana to 16 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that 17 no such event had occurred9 We provide you with the letter retracting the false allegation from not only 18 the complaint in the case involving Med-Aid but also Med-Aid. [Exhibit 23] 19 17 Why is the City now claiming in its complaint that Med-Aid made illegal alterations to the 20 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 21 22 had found no such violations even when he accompanied the Fire Department on February 24, 20149 23 [Exhibit 24] 24 18. Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 25 marijuana dispensary applications for business license without crossing off the personal information 26 containing social security numbers,birth dates, and tax identification numbers9 Why did none of the 27 other attachments on the City's Planning Commission's agenda carry the same mistake for non- 28 cii-mensary applicants? Item 10. - 23 Joy H13 474 APPEAL OF Al T TRRTTFc RAT4FT)TN THE C ITY'S JOINTLY SIGNED LETTER DATED JUNE 26 2015 1 19. Why did the City fail in its fiduciary duty to disclose to the dispensary appellees that thei 2 information had been leaked? 3 20. Why did the City's Finance Director who was mandated by the Honorable Judge Andrew P. 4 Banks May 29, 2015, preliminary injunction to review and make a determination on appellee's business 5 6 license application not make the decision herself, as revealed at the Planning Commission August 25 7 2015 hearing by Mr Hess' own staff members. g 21. Why did the Directors of Finance and Planning and Building provide a joint rejection? 9 All these questions, when considering the gravity of the circumstances, paint a picture of the City 10 at its worst; actions speak louder than words Therefore, you have a choice to make. One, respect the 11 rights of all people under your stewardship or frustrate the rights of those you don't agree with—simply 12 because you can. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,A JOINT HB =475_ ar'PI of Item 10. - 24 AT T NOCl TRC R ATQRT)TAT TUF CTTY°e TnTNTT Y WNFT)T FTTFR T)ATFTI IT TNF 7F 2015 EXHIBIT NO® 1 Item 10. - 25 xB -476- 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. ) N0. 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 xs -477- Item 10. - 26 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 10. - 27 xB -478- 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. 1 ` 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 , "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 HB -479- Item 10. - 28 EXHIBIT NO. 2 Item 10. - 29 HB -480- EXHIBIT NO. 3 xB -481- Item 10. - 30 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 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). Item 10. - 31 HB 48�- 2- (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. HB -483- Item 10. - 32 EXHIBIT NO. 4 Item 10. - 33 HB -484- 04 090 License Not a Permit 9/11/15, 11:31 AM Huntington Beach Charter and Cues Up Previous Next Main Search Prirut WO Frames MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chanter 5 04 GENERAL PROVISIONS F 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. ip.//www gcode us/codes/huntingtonbeach/view php?toplc=municipal—ccH^-F-F nd-F 04_090&frames=on xB -485- Item 10. - 34 EXHIBIT NO. 5 Item 10. - 35 HB -486- 04 020 Purpose 9/11/15, 11 31 AM H@,ntin �:en Beach Crhw' er and Codes Up Prev5ous Next main Sea-arch Print No Frahicis MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5.04 GENERAL PROVISIONS } 5.04.020 Purpose The ordinance codified herem 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/view.php?topic=municipat_code-5-5_04-5 04_020&frames=on Dn ' "` HB -487- Item 10. - 36 EXHIBIT NO. 6 Item 10. - 37 xB -488- 00 BOUT BUSINESS LICENSES... 1 ` elpvme to the City of Huntington Beach business : • r - mmunity This information guide is intended as a - - mmary of information you will need to know in You can obtain an application from City Hall, or ier to operate a business in Huntington Beach download one from our website at Certificate of Occupancy — required y t its guide is provided as a public service It is not www hunUngtonbeachca aov Look under the Planning and Building Dept for busines , it Finance De fete the commercial or industrial location Call (71 t for Business License Coin -inclusive and any specific questions should be p P ected to the Business License Division at (714) application and bring it to City Hall on the 1'd 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 /J6 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 ense is not a r u a o!I licen§g but a need to fill out an application for a Certificate of your own last name Contact the Cour pa a public san needs of the people Occupancy for the Planning and Building Clerks office at (714) 834 2889, go online Huntington eac Department, who can be reached at (714) 536- h •11www oc ca ovlrecorder or contact yc 5271. local newspaper office rNeeds • ; . r • /- 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 quires most businesses operating in Huntington plus additional amounts if there are more than 3 psychic reading, massage, live entertarnme ech 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 mers, however, they may be transferred to a new starts at$76 plus a non-refundable processing fee, 11- Sellers, motion upon notification to Business License and $41 60 Additional amounts added areas follows Permit (Resale #) — required 0 t proval by the City Planning and Building State Board of Equalization if Yo T s apartment. All businesses, trades, professions, Additional Employees• 4-12 $4 00 each merchandise Call (949) 440-3473 flings, or occupations operating in the Crtp need 13--52 $3 00 each www boe ca aov x Business License These include but are not 52 $2 00 each A Health Permit — required for food handler feted 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 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- 1�' Federal Tax ID # — required of 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's Compensation Insurance services, furnigators,telemarketers etc vending machines, out of town contractors, pool required rf you have employees Contact yc halls). Call(714)536-5267 for these licenses local insurance agent, state fiend or w Independent contractors such as doctors, www dir ca goy/workers' ,comp html real estate brokers, hairdressers, janitorial /Jo Liquor License-- required by the State De contractors,and home party demonstrators • r •- r - - ► • r of Alcoholic Beverage Control if you sell Apartment owners of three or more units q business license may be issued at Cet Hal!v le serve alcohol Contact(714) 558-�4�101 or vi Mobile Vendors who sell merchandise from y2y wai Your app r e complete and www abcca aov 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 follov►nng Seller's Permit showing a Planning and Building Dept €or 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, interne# cafes, or alcohol sales C seasonal business_ appiication may also be mailed to City Hall Be sure (714)536-5271 hat if I Don't Obtain a License? i01 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 www huntingtonbeachca ciovldepartmentslED Iministrative Citations It is a misdemeanor to date the City Business License ordinances Huntington Beach Small Business Assistance in Center located at the Huntington Beach l Need to Display My Business License? Chamber of Commerce 2134 Main Street Huntington Beach-s, all business licenses must be posted in public 4100, Huntington Beach (714)536-8888. :w at the fixed location of the business For u S Small Business Admirusiration --provides )se businesses without a fixed location, the financial assistance programs, guide to aponsible party must carry the business license resources and workshops (714) 550-7420 or th them while conducting business in Huntington www sba qov. each '- S C O-R E Service Corps of Retired sw Often Do 1 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 ors to However, you are responsible for renewing r ur license whether or not the renewal notice is L®I 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 calagKLa—clov arged. Notices of Violation and Administrative Small Business Comer - helpful information a Cations may also be issued. about taxes from the IRS. www irs gov T m Moving to a New Location in the City. '+®I Small Business Development Center - City of Huntington Bea[ case notify us of your new address, phone provides help to small businesses through mixer, and any other changes to your business 1-on-1 counseling, workshops and education Business License ter compliance with any applicable city seminars Call (714) 564-5200 or visit luirements, your business license may be www.00sbdc coin 2000 Main Street insferred to the new location for a small fee If u are moving to a new commercial location, you ■ * d s _phone - st Floor I need to apply for a new Certificate of Huntington Beach ;cupancy Better Business Bureau (714)985-8915 Building Permits . . . .(714 53f-5241 CA 92645 hat if I Stop Doing Business or Move Away? g ) t us know in writing if you want your license Chamber of Commerce. (714) 536-8888 neelled No refunds are given when the Community Services Dept .(714)536-5486 Phone: (714) 536-5267 siness ceases Consumer Affairs Dept . (800)952.6210 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 Employment Development Dept. (988)745-3886 Hours: 8:00 8m - 5:00 pm rner to another. The new owner must apply for a Y Mon day to Friday da v� siness license in their name Franchise Tax Boars! (800) 852-5711 M here Do I Find You? Office of Secretary of State . .(916)653-3794 www.hunbngtonbeachCa.go% Q e are located at 2000 Main St on the corner of Sign Permits _. (714) 538-5271 _ irktown and Main, in the Civic Center on the 16t State Compensation Ins Fund (714) 565-5000 busin ss.license surl=cit -hb is or Enter the main Administration Building and y Zoning Department (714) a35-5271 low the signs to the Business License counter ,,..� EXHIBIT NO. 7 HB -491- Item 10. - 40 11 04 CO, CG, and CV Districts—Land Use Controls 9/11/15, 11.36 AM lluntino.ton Beach Ctnartac and: Codes Up Previatis llextt 140a1a Search Print No Frames ZONING CODE Titie 21 ZONING CODE—BASE DISTRICTS Chapter 211 C COMMERCIAL DISTRICTS t 211.04 CO, CG,and CV Districts—Land Use Controls In the following schedules, letter designations are used as follows: "P"designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U"for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls P e e P rmrtt d 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 P P - • • • ^^^l-„ 1-49s/huntingtonbeach/view php?toplc=zoning_code-21-211-211_04&frames=on Page 1 of 7 Item 10. - 41 1-113 -492- 11.04 CO,CG, and CV Distriots—Land Use Controls 9/11/15, 11.36 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 - Anunal 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 Materials and Services - P - tp//www gcode us/codes/huntingtonbeaoh/view php?toplc=zoning_code-91-911-911 04&frames=on HB -493- Item 10. - 42 11 04 CO,CG,and CV Distncts—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 (l)(Y) W/Drive Through - P P W/Live Entertainment ZA ZA ZA (W)(Y) W/Dancmg PC PC PC (IT) W/Outdoor Dining ZA ZA ZA (X)(Y) Food&Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (l) 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 - K 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 ies/huntingtonbeach/view php?topic=zoning code-21-211-211_04&frames=on Page 3 of 7 Item 10. - 43 1413 -494- 11 04 CO,CG,and CV Districts—Land Use Controls 9/11/15, 11 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 mm 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 Real Estate Sales P P P Retail Sales, Outdoor - TU TU (1V1) Seasonal Sales TU TU TU 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 ttp•//www gcode us/codes/huntingtonbeach/vlew php?topic=zoning_code-21-211-211_04&frames=on Pane 4 of 7 HB -495- Item 10. - 44 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-I I Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230 96, Wireless Communication Facilities All other communication facilities permitted. (A) Reserved. (B) See Section 230.40, Helicopter Takeoff and Landing Areas. (C) Repealed (D) See Section 230.38, Game Centers; Chapter 5.28,Dance Halls; Chapter 9.24, Card Rooms; Chapter 9.32, Poolrooms and Billiards; and Chapter 9 28, Pinball Machines. (E) See Section 230.32, Service Stations. (F) See Section 241.20, Temporary Use Permits. (G) See Chapter 236,Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry See also Chapter 5.28, Dancing Halls, Chapter 5 44, Restaurants - Amusement and Entertainment Premises; and Chapter 5 70, Adult Entertainment Businesses. (1) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be jes/huntmgtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 5 of 7 Item 10. - 45 HB -496- 11 04 CO, CG,and CV Districts—Land Use Controls 9/11/16, 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 pemut 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. r (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 to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants,bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46, Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area, or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District; see Chapter 244. (S) See Section 230.48, Equestrian Centers. (T) See Section 230.50,Indoor Swap Meets/Flea Markets. (U) See Section 230.94, Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-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. N 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. ttp•//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-91-911-911 04&frames=on HB -497- Item 10. - 46 li 04 CO,CG,and CV Districts—Land Use Controls 9/11/15,11 36 AM (I) Neighborhood Notification requirements pursuant to Chapter 241 (Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City(Downtown Specific Plan District 7) and Waterfront(Downtown Specific Plan 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 ies/huntingtonbeach/view php7topic=zoning_code-21-211-211-04$frames=on Page 7 of 7 Item 10. - 47 1413 -498- i EXH IBIT NO. 8 HB -499- Item 10. - 48 X 10 Commercial Use Classifications 9/11/15, 11 36 AM Huntington Seach Charter and Codes Lop Previous Next Main Search Print 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 F Westrian 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 builchng 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.) 'es/huntingtonbeach/view php?topic=zoning_code-20-204-204-10&frames=on Page 1 of 5 Item 10. - 49 xB -500- )4 10 Commercial Use Classifications 9/11/15, 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 e 5 28; ic /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 EntertainmenLDancing. 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 ttp/lwww qcode us/codes/huntingtonbeach/view.php?topic=zoning_cods-20-204-204_10&frames=on 0--- " "t xB -501- Item 10. - 50 )4 10 Commercial Use Classifications 9/11/15, 11 38 AM 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 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 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. 1�ssificafion etail Sales The retail sale of merchandise not specifically listed under another use classification This includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby matenals, 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/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. FF. Vehicle/Equipment Sales and Services. +^��^ •^^ -A.—1—les/huntmgtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 3 of 5 Item 10. - 51 1413 -502- )4 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 Vehi e gjdpment 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 fire 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/Eq'pment 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 m 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(�. The primary function of the Condommium-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 tp//www.gcode us/codes/huntingtonbeach/view php?topic=zonfng_code-20-204-204_10&frames=on HB -50-3- Item 10. - 52 D4 10 Commercial Use Classifications 9/11/15, 11 35 AM buildings where these goods are not produced on the site but are offered to the public for sale. II Quasi Residential I 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, 3 842-11/09) View the mobile version tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204-10&frames=on Page 5 of 5 Item 10. - 53 HB -504- i EXHIBIT NO.®a 9 xB -505- Item 10. - 54 California Civil Code section 3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. Item 10. - 55 xB -506- EXHIBIT NO. 10 xB -507- Item 10. - 56 11 02 Commercial Districts Established 9/11/15, 11 39 AM d- unt;ingletan Beach Charter and Codes 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, 4038-12/14) View the mobile version. tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_02&frames=on Page 1 of 1 Item 10. - 57 HB -508- t EXHIBIT NO. 11 xB -509- Item 10. - 58 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. Item 10. - 59 HB -510- EXHIBIT NO. 12 HB -511- Item 10. - 60 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 10. - 61 HB -512- EXHIBIT NO. 13 xB -513- Item 10. - 62 2.2 BUILDING UsE REGULATIONS c)F.rrrertainment Andiars a al Co naearlu. Defintuoa An EsublWiment yrovtd- Ljoym staters Dcfinttloa.. ll buisnesses selling Small scale • For the ptupasea of this Plan,all perrmned eats conditionally pe�nsed burldmg uses Jig rcaourm or activities for exercise, food and ,or pronduig eonve- Small ask grocery a food safes r tdarspon,Orerghymens that is at least TL"MAVTMs to serve nearby aasiden- Comaweaxorotas • have:been elaasdod min Use Types Each Use Type se defined to text below and 15.000 sgwrs feat in sue and vi a proven includes uses such as those listed in the socamparrjang Use Charts The Ilse Charts generator of significant pedestrian traffic hb;shoods nice as those haled. Delicatessens.asies,bakenw • include spect8opesmitted,condusanal and prohibited usca for each Use Type and rake such as those stated Planar • Uses hated ras"perwried to the Hevelapsoest Standards Charts are Gutherregulated liardwam siom/l ck&key • ham end arc defined as usm permitted by tight subject to approval of a Sim Plan Review U�listed as cossdrrrvrrul to this section are defified as thous which requim A Orrriki Establish men vow rentals • specialconsderation ettherof their impacts on the neighborhood end land uses in theC11 guano fittgtan Resteuants.bars i Eatwg&drinking estahlsshrnenis vrrsmty and/or of titan physical.argentiatwn and design.A conditional use,hail be De clubs,or frill aetvtee wl leasihaan l2 aeBa • considered for gptoval if the proposed use conforms with all requttemr b specibcd other dnminaglentertamrneut astabhstn- wl4utdoardimmg ■ in the conditional use l � mints such as than Usted w/Lweenicriauoncnt c policy,and if it conToram with the goals and reason of the Fill Bissdriesri 3arvfses Plan wl paaciq c Defituuau Small to roadnen razed bust. Banks • All permitted tasea for a single Center or Scgrnegt are allowed aster ala>c or a wlAkohol S nrascsprwadhng services to local bum. AAatl Ish servitsa • combmationwads aayother permitted usea withtua panel Proposedussa dnatarcuot Yendarauta s a,or sands r aeries sad rein dents such as tltostliaed office • explicitly listed is the Use Chants may be pa mtteditis n determined by sx Planning Adult salanwnment faeilrites photo o &Printing • Dueeor diet the proposed ttmaa sheet the purpose and Junius aftht Pin Special Condtnons for Do sinew Services Fina icial winces c sand Sperul Conditions fat Esuung&Drinking Fsrabhahtaeats as -- 14at Permitted (1) %duriCarta,spaces,or standswitAto the publicnght-of-way shah require {l) Financial semis that cater pato MWtted.in this to petley Tianpra tdnn;that they a emu&unite]stse permit are afftr amuses that cater 10 and generate pedestrian traffic Other b + lnctuded Use than uses are allowed by nghy sub act to Site Plan Renew finanuel sermes sues am to be considered under"3}O 1Bee,^in this Conditional Use thasa uses require a corAtioaal use permit They are allowed (2) Chain and tables for outdoor dining shaflbepermimedonsidewalkswtihtm stchoa t c if they am doemed by the apprcvias body so a toet the purpose and intent of the the sebacks zone and within the pubhc rtgh4of-way provided dial Plan Paraarranl SeM (a e m) The usaintains a minunum five=foot wide annhstruaed portion of if) T sidewalk corridor which is Clear end unanpeded for pedesoun traffic lk5amon Small medium shad aMfi a Ihaar&mil sake,, • 2 2,1 USE TYPES businesses providing aervhees to Meal Yitmia salons& • (b)The use keeps the Pu11 width of the la ddmg cnnaace clear and households such as those Irstad y &karate aaudam • �+ P.•. _.r ._ .... v"'� a .S. ...-}-..+.. .�.. ......1ryw"- untmpc"for building access z f} GeneralRetadRequt�_ n-ts ; Drydeamngesuh[aitnems a Sdfsernee kuredtomxt (1) Wmirtwm interior height for ground larval retail of all types is fourteen • het (14)fete frarn floor is ceiling. Use conversims ca as exishog building a &Fe nu ootbe wmd to meat dui ratcartt. I}Faunae Faaieltrrianl Ser+rteas � Y 1°q De6otnna..Gerner•l rrxatl estahltshmcn� Apparel& tioraa ■ Definiton lrconuon oftmtmenonal 1 Diva ednnmtton (2) Any uses feantring outdoor sales or outdoor storage not aka sly ancillary sethog quality/specialty goods such as Back stores ■ ,nieces or faahttco Yoga,dancer,marmizrts�or When to use A*H require a Conditional Use Permit sham listed Art • ga"M aside,, a 5 clod ,each Ands largo Scale Goodr pods that,due as merkHa • Pine ar4&Walls • DefmWon A"tegweal dmunanoe Departmontstores • to their we,may reGnm■aloes sc;csc Secarid hattdf ins sine,, a q naa-fa w retail cam that is as[cast CencrA me[ehiodise attires 011 by cars and trucks such as appliances, Apphance&ciechvmco:Loma i k Servilea,C.ourinareial dh KeyWr 34,0003gwra favt to uzoand is a prov- Bookt22LVn • demonica,spurting.goods,tunshim, S _Sinn Ddaumn Businesses prtmda service, r i„ en Soncratar oftignidrant pedestrians l7ecamsca wpesikrrds •- and born fu e mubings guMM"do bonean fusshiW setvriea to tadusiry.wrvtoes that are �hn®deatntr sawing,and apply i haffic and safes snob as those,tweed groins m m duwW to art,or service ad s sh are aim au Qu•[tty ho—d a - hest suited to an auio-oriented envuorr � Jana e 4 pores merit oxidtis don listed O bi COMMUFft Oriental Commercial Ratrea Ion A Enter in I 11 Large Scala Cwwriemial 0 A Defimhoa A"local de,lsnattoe can- Suptttnasl:dY a Definition.Establus is fxovrdtng Sraa11 awls rnovta:thestera a Nfiwnon.Bratnesses w9fa,e palmarY Wareltou,erda$ • vemeaca Stain that is at kam 15,000 Spe sal food makets a racuroes araeuvtuer for exerate, Bowling limes&billiard ors -i activity is the gala or tapatr of lane EqwpMMt a•lanl • ;Guar;fact in ateo and is a proven. Phamawts&convenience misxattoq a urjoymwt such as dinsc Health&a man dubs • wale I romsaercul goods that are,not Cansirmu n supply • geturroorofpedestriuntalBcamlodes err sea ]tided Amwaeneatarcades • Dot ■L1Y°`e0+"med pedtstnen Reskuraat such ea those dubs dutri cis and%bat require close 0 om by Q Caottnimaiy onertted anrbors a cars end budIN such as those hstad Auto 1 stare an trues 65 000 xf (r} zl1 I C7 43 h� `p Q Gee "r °s, ) � g »13 �� rsl�+v'':: _`ice-- 2..22.2 SPECIAL.RBTA1L CONFIGURATIONS Mhunion•Bunncsses that sell any Motor vchadc Wes Mfimnon Shutt-term commercial lndg- Bed ds breakfast itiest houses • kind of motorized vchlcle such as abase tog ftutlsices such as those listed Hwtels Lxca Ratite Bc rrimela Special Retail Configurations]taut the size ofindivndual tenants and the rust amount fl° mdW,. � �Sr+<u'ta`- L.r1.+ of rend permitted for HexBlebmAood Center end Comer Store renal"clusters"as - „yy well as the prmnswn ofcinve4hrough sernccs Defimtica Scrams(incLudrttg edam- Rzhgwos • S)dI�Y 'WDr 's - ..y:_: -.1 -j r. ;y r lion and utdutes cultural rnsutun Dc6oieen A iwdhng ants in whedt The Gveavork vans. —i„sn�a�aa�;�i•n•r ^r.� sr�, r•-� } mu Bsschal4 football toeeeti tints occupant etwdutts a home-based bust- �%' > On-k! _.L22,'r aridrecrratiwalfacthtiesrtiadcavanl and other k1clsandcourts able to the @sacral public for Sea ar at a to mtunix coolest near or euierpmse t) When:total is permitted as part of a,Neighbodhod C.enier,Comer Stare,or reasonable tam Such as those bred kducatnorW facdoles • i) Spestal Cond:hons for Live•Wotk drive-dr<otlgh,e sAaiE conform to the following site and hxantxt regwrunerits hdoor putilic recreation fannies ■ (1) Work activities that require hazardous numbly,wei"ng fa mcapm4 a) Xelghburkwd Cefrfer Librarses • manufacturing,repair, or processing Operations well as w■ldrag and Definition,A r•tad dtistar{two or mare abiimrig serail epnbluhments}opnsnstto Exhrbuioii,convention,orconfot, woodwarkmg,orvenucs ncludingIt handling ofammalsAoll require a 8 tmrceentaes ` Conditional Use Permit of(pamire'd)wnveniwnre uses,Mal-scale shapptng,and poraonal Wymes that rAty halo ■ provide goods andserviocs amemnes in nearby ressdential neighborhood@ Hasp" a �) Tim owxtmtim timber of empEoyoea not including the ownerf■ccupmrtis li namd to Me per"OIL n] Special Conditions for Neighborhood Serving Retail Couirhowses + Museums • (3) Ones ed Li established, may ea becocw slrtedtoasolelyeamecora {l) Utaitedmamaxtmumoftwoccammunstyoneatcdanehas Perform k on nne arts facilities • orbusimsause Howr",Leve-Woru w*s may reij to solely residcnual (a} Limited to a maximum of 25,0017 square feet of notwxhorrera y Stadiums,rid including seidnism age (31 Lustted ins=aximum ins of 5,0W square feet per Eating and DnnWng ' liorprofess3owal oNslaarm a cuablishmeats, G t3 7 w wmumng 'R CIl t �l+�si.a is (4) Coodwanal Use PeaiuH.Dcvelop•n dt enzrnchrding uw:-amoted resxrl urea Past offices Definition All owner-and renter-occupned'ftvlhng untts,moludmg attached and exceeding a total of35.M square fleet E rC) Trmnu facihuea tsrnunals�& + detached houses,mule-unit buildings,manufactured and mobile homes a i stations a b) Carners ore Police stations do fire stations • Mu11 4am Matti Common Loh ca, DeflePhun.Buildsigs deangited as a Dwelling%ruts accessoryD�rwnon A small store or cluster of mores inteegrawd into a larger budding on r ? seade�c farmuthpie hetueholda where Dwelling tumts primary,two or + the comer of a city blade. Corner Stores consw of 4x milted)emweoreoce Sur. x same 4welhts tied sic accessed fioma rrtoro households sbniMuru • small-stale shopping,and personal services that serve homes air bua ant,located p 01 ftdowmal 120&M common lobby alwy or snared hallway wrtnn easy walling distance .i 5 Dcfianwn Wodeplaos usca including Rosen k development officm • ] Special Conditions for Comer Store Relad A4 profeasroalL eWnrntatratnve research Educaimadl&tostrucimml offion • 6 �faivi widx lsidhrisltial (1) A im unlum am of2,300 square foot per tY and development,&wnctat,and edaeaa Pam&electronic media oM as Definition Bwldm deli eel as a Dwelling waits, ■ Fe rd wool samwes laebintriesses,mdivldu- (nave M.,magazbne,rs#to. • Definitio for sat (2) A micamnm sm of 5,OW square feet soul per chistor sh uidriarfprofil organisations tuck m television ilpk hamelailda.hare Duelling maze,primary,two or ihpiy listed. - dt dwelling taste leave w dedreaaed mote households gtti%tutc ■ (3) Conditioned Use Permit Individual uses larger dtw 2,580 square foes Bala or telecommunications oC entrance accessed ditectly Cross a public provided that the we is unique and net already provided within ace i 8csanr�r stdewak mile trade Arai. {] an Any p 4 mac, ■ c or adnimmstnuive' m use: (4) Comer State Acid must be locaicd on the confer of a b1ocL,and the V fLagychw Swo-ramilly homes entrance most fate a public:seal,xquar■,or plaaa space, pefia unit AWelted hornet oa aepuate Thvsl unto, n) Parking spaces intended for Cosner Sore Uses must belocarod an shares off- parcelssbanng oommonwalls with each DwelhM inns,pnrmry one street parking is ducoumged for comer stoic and ahall niqui a aconditional two re Danrhon htWUW woricoace"moo l fod•cal&dmtd olficaseu ficih- home fe"U nne an entrance aecassed houslwSd r smiqum permit. Q eatubliAnuma with employees wah Ins drreexlyfaomapublicadawalk y� mcdiral bomes such as iMas■haled indoorvetmeatrychmes c C) Drive-ThroRgh A —.PhYa-a1 therapy, + "� Deduction Service from abuildingtoprlyonsanvehiclesduotiglianoutdoorservrce eta - for Haines window w Psycluatrro Definition.Adcaiahed building de- Dwelling units,accessary ■ signed w a residence foram household Dwelling a mts,pmnary.wee Mortuary amvecea houshdds raWrtiim • 29 2.2 3 AFFORDABLE HOUSING REQUIREMENT d) Aliseefianeaas Protdaions ]bra scauan comaims standard and guidelines to ensure that aflaidable,housing is i) The arndinons of appiovat for any pro)cct that requires affordable umis shall provided throughout the Specfflo plan aresi consistent with the CIVS General plan spWify the following Hems Housing Elcamr. (1) The number of affordable units, f_) RCgjfgj(®hll p iS i '�Oft:' '.3_r'[, F; ) The rtumhw of ttnitR at each income level as deAlud by the CaBfarntr Health and Safety Code,and a) General (3) A Jut ofanyotlur Inoantives offered by tie Cory This$talon smell apply to new residential pigccu three(3)at mare units in stir; it) An Affordable Flouring Agreement otul[ri ng all aspects of the affordable housing provisions shall be executed between die applicaut and the City And b) Requrreurrents(or same oiflrer spp-priafe Ark) recorded with the Orange County Recorder's Office poor to issuance,of the i) Aminimum of 10 percent of all newresid�tial contructiou shall be affordable shill be usad H611 For renal ptojacu the City Development Agroomeas haosing,umu,unless do project it witliin rho redevelopment project area,in whwh cast tie equivalent of ISperoent.ofall new residential eonsitwuon shall ui)The Agreement sball specify an dfofdabrhty tang as specified by Section be affordable bousing nits 230 26 ofthe lbintiumgton Beach Zcnmg And SubdivisionOrdwance it) A City Developrimt.Agreement stied be required for projects that include tv) All affordable oa-sitaumts in aprajxishell be constnxied eorw irmtlywA or renal unxs prior to the coastruction of the primary project nit as unku otherwise approved dirough,a phoning plan nit) For sale units included in the project shall be made available to moderate iesidmrualuntts shall be �enWa athc completion And. b a�ailabih� w income.bouseholds as defined by Cobfoenis Health and Safety Code Section or evAaam of the a la contingents treasonable a 50093,at a successor statute pP Pr piers towetdS adaarmcat of p completion,of the affordablaunss sv) Developers of residen iml projeetsmayaleel to pay a fee m her of providing the v) All Affordable units shall be reasonably dispersed throughout the project i units on-suit to fulfill the requirement of this saxwn as allowed And purJuaiu unless otherwise designed through a master plan,shot viarma on aange the r� to the requirements of Section 23026 of the Hunttngiou Beach Zcmng and same number ofbedrarns as the marina rate units in dit project and Slat be Subdivuuort Ordinance comparable with the madiet rue units in terms ofamerearappearunce,materials �t v) Developers of mWential projects may elerd to provide the affordable units at and flul8hcd 4n1ty i G7 an off-site location. if affordable urAts bra off'�aite,they roast be under the 6dl vi)Plaw affordable unts shell be occupied in ibc fcAowmg rsamer t7 "emalofNwapplu;mt,arotherappraved party and must be located within ihe Beach Edinger Corridors Specific plan area boundary (l) ffreaudenual rental units are being dermhshed and flue existing tetiant(S) meats the chgrbrhly requirements,l dshe shall be given tbar right of fist usilhI vi} Mew residential pojecta shall>•citde Construction of an ecurely sow meats sal to eacupy the affordable uneess),or or new units added in an existing project For purposes of determining the el regwtcd number of affordable Arousing units,only new units shall be counted (2) lfdeare are no qualified[mains,or if the gmlified to vi nt(s)cboosesnot to e`4 exalase,Nit right of first refinal,of if as demohdon of resider"rental c) Off sfte ConSawWon ofAfforrdahk Ulnfrs units oeeara,then qualified hauseholds or buyers wsU lacutccl ed. i) Except as may be required by Califomia Govenwcut CodeScctsom 655"ors o rduble IrFJF successoreaatat�dervalopas may pomade the required affordablchousingo� 0) �a f site,at one or several sitet,within the City o(Hunungten Beach m the Beach Affbrdsbk housing cost shall be calculved in accordance w0h the Code Section Edinger Carndon Specific plan area 50052 5 standards for ownership units and Cc&Secoon 50053 standards for rental n) Off site pa4cm may be new coinstructwa or substantial rchabilatation,as units de$twd by dw Code Section 33413 affordable lwiumg productiou regwternentq of etisung ttw4vatucted units coii toomA upon being tcatnioted ro hang-term t) Reduced F'ee3 forAfforrfable Housing affardability "At Risk'units identified in the Housing Eterrnm or mobile homes maybe used to satisfy this requirement Projects that exceed iaclusionary requnameirs oArsitc will be eligible for reduced GYty fees,purniant to an Affordable Housing Foe Rcducnon Ordinance,upon tat) All sffordabk off�rte housing abet be Wrnskwded or rehabilitated poor to adoption by the City Coumul. Fa or euncuircntly wide the prmuny prnjact. Friel approval(oceolatr ey)ofthe first ma"rate residential unto Mall be contingent upon die completion sod f3) Density Bmars,i'neprtiaes public avaifabdity,or evidence of the applicant's reasonable progress towards vataumneatofco"knon,or the Affordable moms Projects that rigs[the affordabilmy provisions of Section a.30 14 of the HwAttngtoo 0 Beach Zmtmg and Salidwision,Ordernmce for density bonus shall be granted An ineentive(s)w ooncession(s)pursuant to Saturn 2301e4 i!7 3© 1 t� INO l O I� This chapter seta fnmh dcfinutIMS ofcunto words or phrases used to this Code to Bleeds Perimeter order to promote eoonstency and uniformity in their usage,thereby faethesttng the The Local length of the pubbe nghts-Of--way along all block facts soterpreta m of this Plans The meaning sad consmichon.ofwords and pbrases as $reeuvray set forth in this chapter slwll apply throughout the Plan unless the context thinly A covered dtrveway or walkway peetranng a budding to connect to cotutyarda, tndtcatex etherwtae,Dcgoluons oontamt�in the catp s Mumctpal Code shall be parking erase,or alleys at ilia wtenorostrtr eta pertxl apphrable eutcept when m coaflact with defimaroua rx}ntatind m this chapter or elsewhere in this Code,in which cars ttua Codes dam tions shall porno] Bundiug Accessary Bttllding Any structure having a roof supported by columns or walls for robe bouatng or A bulldog or stream which is teemed an the swap,lot and a seiri tly,ttrcdenW eaclaewt of persons,ammals,chattels,or property ofany knit d aid atbordtmte to the Primary,8uddtng or to the use of land inch as a garage Buflding comp"Hus, Aaoesscry butldmga maybe&eeatsndmg sad are notcansWared panofthe Pnmary A butldmg's spatta]arrangetaeat ofmataesmul aachrtrzfural el.oaeats to mhedoo to 0wldtng Mesa when amiched ro a Pnmrry Building,7yprcally aeo.asety budding "cb other and the butk4118 as a whole uses include vehicular packing,storage of]awn and garden equipment;storage BulldhagDlapositlaa. of household items,play house or Been house Accessory buVldVogs nay tachtde The pJacerneW aid Orientation eta bud tag or butldtngs no a pared habitable area such as a haste office,mweattom toomq guesthouse,or sloepmg rooni(s) Baddingl avelope t Accessory Dwaiag nett The mansmsuu apace a building orbuildtags way occupy on pared gr A separate.detached.complete houselnxpnag unit with kxcheo,steeping and fail Butldlag Heigh- bathroom factlthcs,located m the saw pared as a Primary Bulldtngba subordinate The vanc&)extant ofs bwldnag nica.,,.ee to feat and stories.not mcladm,a signed � In atu basement Or ababitabIs acne Attire Living Spaces Bu"nZ Orleatxdao Habttablespacxa such azdmmg rooms,living reoms,or bed moms tbataccommodate The daec i m than the pnsany building facade of a burldang feces, hvuis aetsvtttes, Building Plaecmeat Active living spaces do not occlude lutcheas,bathrooms,partially submerged The location ofa budding on apated basements,or anitty spade Bulldiag Valams. APAy Part or all nfa bmtdmg's three dtmemsimal bulk. ApubGearprivatewaybaviceanultimatewidthofnolkssthan20feetpermanently coatrxt reserved primarily for vehicular service access to the Veer Or axle of propubes Physical surroundings,including a condemauan of ascbrteghmal,natural and rxvtc othemat abutting on a steak elements that establish a a c pectfi ebmmorr nxrghbodaoemd,or block cbamctec Alley Setback C os rsder- The roqurred minunttra chstantc from an alky's edge of pavement to any building The combtoanon of all elements that du actanzc a roadway This corms"of ail Artacaladoa elements wulttn the public rigbhof waylaheet(the vehtcuFu realm!thomughfase The use of archstteta d clemenrs 10 Great.brealm in the bwtzontal and vubcal and the pedestrma teahn 1 public frontage)as well as each adjacent propoWs surfaces of rnassas ofbuddartgs prrvato frontage Base: Carrider Contort aid&gmenta A base treatment is a horizontal artrualaaon of the lower part of a bmidmg fogade s An area as dedlmW am the Corridors Centers and StBments Map whose Whom hnn design that serves to establish a hmnan scale for pedeftao uses and psusecs by, has a unique character w0hm the Plea Arta. Tbc rang.of Corridors Ccnten and and seathoucally"ties a building to the ground Segeunts forms the baste txgararangprmcrple for the Plans Devekapwont Code C Bleek. Curddcr Cewun and Se=meata bbp ►C Aa aggregate of land,meting parcels,passages,rear lases and sUcA bounded The map that dessgaata Condor Center end Segrueaes and derarmines which by macs or ralboad ngh4-of-way An alley does not consttwu the boundmy of a regulations in the Development Code apply to each property wahm the Plan Aran Block G7 133 4seweppment Cade Frontage Caverage Zone Open Space(P uhllc&PnvaW Primary 6atranre The chapter of the Specific Plan tonraming all Standards, The space between the mmmturn and maximum front yard Tend that maybe;used for passma orsctive reneation There The mamlprmcipal point of pedestrian access Into it budding RcguWiow,end.Guidetmesilraapplytodevcbpmentwithid setback lioms and the minaman side yard or side,strectsetback arc awndc range ofapan space typesincludingparbs,plai7s„ configured as aPnvata Fruit rage1�p the Ptaa Area lines yards and other ocnilguraboas as defined in On Development. Private Frontage limsky Frontage Lire cock 1)The portion of a property between die back of sidewalk Tlx timelier of dwelling units wdhm a standard measure of A prop"hoc that c iiacidcc with the corridor public Fight- Parcel arAasembted Parcel hoe sad thcpraaary building facade slang any Street. land arcs,usually gown as units permcrw of-way AlcgaJly defined area of lend under single ownerslap 2)Portions of all pru any butidmg facades up to the top of Development Regulatiotar Frontage Type Farldag Lot the first OF SMU04 floor,tucluding building cruniams.located All Standards and Gm ldnics contained within this AspeuBc configuration ofelenents that defies how public or Apaved area,uwaily divided into mdwidualspara:a,intended along and oriented a street or active open space document. private frornagcs may be designed. for parking vehicles Physical tletntaota ofdie Pavane Frontage tiickide,but am not Driveway Garage Parklag 5ttrr,3ure limited to it building's primary entrance trmmtmts,scibacL Avehicular lane whom a parcel..usually leading to a garage A building used for vchinilar parking with no intemal Asbuctureused forparkmgor vehicles where parking spaces, anal and property edge Ireataunts or larking gem circuletlan fuming radrus,and drwc alides are incorporated within die Property, Guideline; structure An indwaduallowner a 1 Doe➢ Unit Principles that direcnm regarding the erred Partial] Sabin ed Podium and an land,Including land Improvemcnn ptra ar nears habitable mows with muy out kitchen,and ip P�'b Ea 8 r� Y erg y Permanent fnciuins tin rbc laud including buildings, designed for occupancy as a wit by are or more persona ruethod of addressing spaedid deacon considerations A parking structure built below the xnim but mama and trees and other futures Ruing as a household unit with common eccros to all living, Confar[mance with guidelines is mocanmcaded but not Peru ally submcmed underground Property Line. k,8chen and bathrooms Faces- Xquir od Paasagalpaseo The boundary that>r-SadY end geoaaem®sly deti>aircatca a &rfivot Historic Rrsaurw An at-grade pdestrian connector Puna ngbetween buildings, property To be located along a knniagc hat A bmldin g,into or feature that is a lural,state.at naporlal providing shortcuts through king blocks and connecting Public Frontage: Entrance or]Entry historic buuhnark. Ftdawalks or front yards to rear yards;park"Fames,and The area betweul a thorunghfmc curb face and Ike back of t Apoint ofpedestrian access true it budding House Boyle opicar sPaces sidewalk lino Physical clients of the Public Frontage To be muSLly equivalwitam size and mass to a detached anngie Path include.but ate not limited to the type of curb,sidewalk, F454de family hauac A pedestaiin(or bike)way teversmg a park OF aural arcs, pisaler sbip,street fate and atrccdlgbt The esaertur wall of a building. Thu front of a building or with.landscape matching the conligaotn open space any of as wiles fining a public way or spaces ftewcutly Kumar Scale Public Right-OF-Way r� distinguished by W architectural tleatrnept To have the woe,haighk buds,mussing,or dctwimg that Plan Area For purposes of this plan,any area dedicated or subject to creates a ccre rtahle retaneuship in humans The land whose boundary includes all the properties that public fee owacnbrp or an casement for public use far Fwlade Coaapuldou must adhere to the regulations within than d_��r � The relationship bctwem amdrvsdual elenrwots of a faysde as Liner Rasdamallfses g'el tak sbr cl alleys pedestrian n travel mckading,.but Fiat Cenrted they relate na the fapodc'Y overall design,arbcula mmi,and A portion of a building,with dnnsiu,habstablc uses located Planaing and RulldinglkrecterMesigara t0,streets,aglrys,and in argaarrahto along a property&outage such that it conceals the larger Ile bead ofamysplamingandbuilding department orother PublicWgbt-0fway,Una budding behind Typi aLly,liner uses are located along atdradual who has the authority to make decisions according Tho boundary drat legally mad goametricapy dcmasrates the Fwsaalt:ORseL parking ganger of taros formatfauchor retail buildings the implementation of the mgul minus whim tlusplan Public RsgU4)f--Wry A harucatal or vertwsl plane bwAl,spanning a Bade wbee one portion ofa facade ads bad from suatber. Maim Entrance: Planter Strip.. FuWk Worsis 6vacterfDerdgnee. Floor See prrmary entrance An element of the public froaiagc,located m barwxa Ilt The head of a crty's public works departmatit or other Mutt]Yamky sidewalltaadrhethoroaghfarcaaubfwea vAaidiswmmiodalas individual who has the avdarnty,to isndre decisions regarding Sec story Tine use of a swgle bwldrng far two or more dwellings landsripnng,including street pies Flamer strips may be this unplcumialmilm oftbe regulations witlun this plan Freat get continuous or andwidual Rear Yard A street Chet a building's prim ay entrance is oriented Maaklpal Code primary Bull ding The ama gist01011ta from s mar y2od a4baek inx,994 Ace] iia i of rcgulem=that gutdc local govcri•,,+r„r. A tvaia/prmwpal building an a lit, tochidmg pasting ResrYardBdltscF Fmnt Yard Open tiptoe(Usablm) structures and excluding awry buildings air structom; The area that results f-o a a trout yard setback Arty side yard„ciotnVard,or other open space that is scorned with a primary facade located within Ilia Rmtage covcangc The distance:belwxen a cur property line and any building dacctly by printery antrance(s)to horsing units or office rnnG P"ulstlnM Frowt'Yard 6ethaek• spaces Outdoor or uneocbsed arcane the ground or on■ Pron°c Regulations include Regulatory Vafmidaons The rWcs and TM dua nee or range Of distances ("Jame"d m both ba�ny, parch or terrace deltgncd and aerassbble for y>ivadlrgFasad a performance armatures,tbat de£me Regulaut ws and estabihsh minimum and maaesenttffi)required from thebadt-of-stdcwalk outdoor living,me roan mina&earn or lerdsca The masn/pnmapal fit"da of a building that faces a street or d the primary,W ildta g ct4 p� Prof haw Standards apply to patrpercfes ftegnlattiry Dcffaittmsdo g bonds aloe a attest, Unable open spent does not include parking &edifies, open space not vary from oft Distria to anodiw Fraotaga Coverage driveways,Utility or service arms Primary l3nttdmg Mass Regulations ®elude General Requirements PerlPbrivance O The raimmnmi percentage of the leagih of the frontage The most pootoiocut Pontine of the Primary Sutldirag's mamianna that do not vary from am District to aaodsor r4 covenige Lone that shall be occupied by a primary building 1,dnnenstonal bulk, C7 fapadc(s) 134 r _ C7 4,] �—t oO a 4 r� ?.r R10as Wlndwwa ~ Street H°lalarva Ribbanwu brivaawauntsoflong,bott osulfypropotttaned The combination of all elements within the public right-of- Opemirp in a building&*e that allow light aodlor au into wm"ws rmerrupted by vertical pwillsons, way the vehicular realm I thumughfan and dw pedestrian die building. Roof realm Ipnblie kwago Zoning Ordinance The tap stlrfaeethat covers a build mS Stretd Type The Zoning Ordinance afthe City GfHna[sncen Seeds Services A specific condprathon of elements"define how new Avinitues and,w sumo;instances,ilt wstracteral components str acts Gray be datogoed that relate to tee maintenaitee and base flm ue" Streetscopir comparwimofuehisnduse These activities may include.bar The eamposslruu and dnignof all aimumtsvnthmshepabUc ""not l mAW to,trash and reeydng Areas andabovetround ughtwf war the vehicular Icahn 1 thoroughfare (rvvel components ofwet and dry utilities ]sera for velucks and bicydts,parking boas ter cars,and ShOyfwn$ sldawalks ar paths for pedestrians)and the staenties of tie A aptchHo private hostage type Shophonts are the primary Phan realm/public&onisge(atdewalka,imUttreKsand treatment for growddleval cormaerctal uses,dmngrwd for planhags,b-dws,sueetlighls,etc) acava ground Hoar scsivnics mediating retail,dining, and saww aldltty personal services Phymcal at desert eknuitts that improve envininnicltal Sidewalk_ lerformance,eflitsemy,and Isvabdary to" coact the reeds The paved area of 4ao public fraetage dedicated exclusively of the present anthout compronustag the abslsry of fttuw to pedestnmactmW Conarations to limed their own news'(quatatson from the Side Sal6siek. Our Csalmoa Norte; n World Conamsan an Eavug7ment Sea Safe Yard Schack and Developrnetk Utated Natlans 1987) Taatim Parking Side We" A airier clang a corner parcel that is not a$ant�eeL par ed behind li Otheougr iYlstre one vohtda is penitent beliiod ilia oilier Sid*90"ITaptte . Tfwraeoftrc, try This fop&of&butddiag that typically faces a side street The portion of the street between curba that includes all Side]Strd: vehicular hoes,mctudsag travel bites,dint lanes,put" �. The uea duct nendts*am a side yard setback lopes. Side Yard Salbaak. Uwnhown The Astaucc between a side property line and any structure A borne that is attached 10 Grit or mare other houses,and requmnga bwldmgperm t wbscb arts directly on a parrol of band that is owned by the Ssgn Owner of tka biwsse My medium for visual cGmattmscattaas,which is used r Unhax Des%o Cntae L tuterdrd to be used to our iet aura non, The datna structure which sewer as the cotMepmal basis for Sagodetat the regulatiow contained ua Boat U An important past or area,fir it large quantity Use(aa a verb) To Occupy land or water to any manner or m etnbbsh,carry AMi�ant eaterthidifilisits our,maintain Oreaaemooeany Activity ordavdopsaentanland Addin ilia greater than YS°!o aide buildings Baer arse at in vraterrcgardlers of wltethcrdleacnvstyordevchipmeat is Singh Family estabbibed,carnedor$.muntained ofcoutaused in amanmr The a single building for one dwelling that ti tlizes buildings or structures on land or in water Standards-. Wal Claddlot All required developiseat spectf et alons(such as permiked 7ha exposed ua knsh of a facade that primary waMt,hsse, land use types,buddrtg hosght dimeastotu, and setback well encase,irRn,and otherartsculapon elarhsetrtsaremade of dimeawona)that vary from one Uistncata another or aovetod wndt Story, Wiadsw Wall A habitable level within a building as measured Timm finished A well ►nhrely designed with windows usoaDy from Boar flo"to Bns&W otaing Amos and ranod basements ate not to loci conamdmd stories for the purpasea of dettrmmmg building t berghit 135 EXHIBIT NO. 14 Item 10. - 69 xB -520- 40 06 Fees and Deposits 9/11/16, 11 47 AM IUnta won Seach Chaktar and Cedes the Previous Hewl Main Search Print No Erimes ZONING CODE Tittle 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS t 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. o//www goode us/codes/huntingtonbeaoh/view php?topio=zoning_oode-24-240-2 06&frames=on 1413 -521 Item 10. - 70 EXHIBIT NO. 15 Item 10. - 71 HB -522- EXHIBIT NO. 16 HB -523- Item 10. - 72 1 1 i, * t i r Ji f I MY OF HUNTINGTON BEACH i c AxshtwtQy �f OFFTCE OF T y { . TT� Y i s�.osr��a is. a P10.BOX 90 Naas Mvm Sr Me #Street +' '°Y MChael E.data H»nft9w V"*Praia 92688 Sk CkVft Tetepbmw(774)336r120 City Attorney F mi c, ml)374-15" 2)antr1 F-Mill t; � f n I� f March 30,2Qi5 d Business Licensing I! city of H mthipon.Bewa e f 2000 Mtn sc f Hv tvn B=h.CA 92648 Re: Mulical` arijuauna Dispwuasies Prohibited li f Nat Businm Licewirg: k As you know,Me&,Od MmijwMa Dispawies-are nDt a pitted=mmiia4 reiwj or of r 3 UM in iimYtlVon Beac$. Tho li=dnpon Beat Zomn and Subdwision Ordinance(fWZSO)dies 4 not recognize these dispensaries as licit or legal retail or commercial,atablisbments,and the Planing and Building Director bas eanaisme y made the same dean, ' i In 2005, the City enacted a moratorium on these types of dispensaries. Im 2007, The City +, C`=mcil amended the H8ZS0 to eliminate Medcal Marijuaw Dispensmies as a pemitted(aoa proFr4 i� for-profit, retail, ocmixrtercial, or otbem iw) use within d e City. Accordingly, since 2007, Med" i Mar%i1=1 Dispensaries have not been lasted as a,pm=itted use in the City and are therebyT Svhibi in any zoning district in the City. Moreover, on Much 2, 2015, the City Cowmcil vatod to Dave an Ordhmnce ameudmi�x prepared that adds expressly articulated language to the City's Code(IMSO)that Medied may"tts, r Dwpewaries are probibited,pe nod. Thin reo tt Coat d directive for an Ordinauca amendmmt dr j not clinge the City's longstanding prohibition against Modicxl Midjuang Dispensaries,it just makes the law clearer. 3 �i 1, f a i Item 10. - 73 xB -524- March 30,2015 I, page 2 i u �} C'O=s hm coumtenfly aff=cd the city of Huaffixibn BeWh'S Pt7MUOIL IU M'r S m s av fcwtr Om three Medical I ftrilma DiqxaaaAw ba'a a bits=dovim In f on Fridays MOMI V 277, 2013,the Or age County SWeri€tr Cott vmded Htmftton Bewh's request for a ;F T4VIUCtiou AWdUt a Medical M fpm D!,�xmny. It is not permitted to operate in ag#on ii Beach. i Based upon the foregoing px bibitive policy and legal authorities on this topic hL the City,VAy Budness Lim me applicant who seeks e Beach Business Lice to open and opera i a Mc&al Mmijuanaa l:Dbpeawy will not be p vvvided an licadw, = wi11 - U them pay the t --... application fM The person seeM1a_BU&esa Lice=waU1 not be prodded an apphCO DE b=4= under Hwt ftWtl B=h Mmicipal Code Section 5.08.3+60, no license abaff be Issued to , a { Wing to present all appropriltte�onmg�,of whoa loos€affod to��y with gay other provision of City Codes. tempt to apply for a Business License in light of the foregoing prolabition agsi�t I ivdtcical Marijum Dlqxnsaries is futile H wever, scoarding to HBZSO Secdica 202.08 Ruda for kWrpretafiou,any appliowtr has the right to appeal an irdemreta tka of this proWbiiion to the P�au�g ' Commiwiuu,as provided in.Title 24 of the HBZM i If any applicant has any question about the C Ws laws and/or policy on this mom,p1mw a* ft applicm to write to my office. I wtl provide a written response to the applicant arter tec6pt of a wriften request. Thank you again ur cooperation, t � I a We 1 E. Cites City Attorney City of Huntington Beach 1 f ! E a f � HB -525- Item 10. - 74 EXHIBIT NO. 17 Item 10. - 75 HB -526- 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 e 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 T'HE STATE OF CALIFORNIA, 12 DECLARATION OF SCOTT HE5S IN Plaintiffs, SUPPORT OF PLAINTIFF'S EX PARTE 13 APPLICATION FOR ORDER TO SHOW VS. CAUSE RE PRELIMINARY INJUNCTION 14 AND TEMPORARY RESTEtAWING DANIEL GARFIELD RICHMOND, ORDER 15 HUNTINGTON BEACH CARE GIVERS, 16 AND DOES I 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 is 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 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 27 facts which I could and would testify to if called as a witness. I make this declaration in support 211 144302/115573 1 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RES TRAINING ORDER 1413 -527- Item 10. - 76 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 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 a 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. io The City's Zoning and Subdivision Ordinance is comprised of Titles 20-25,with each title ii 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 is 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 may be withm 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 ig 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 14-4302/115573 2 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 10. - 77 1413 -528- 1 approval prior to the issuance of different types of permits,certificates of occupancy,business 2 licenses or utility service connection ac required in Section 740.M 3 _ I declare under penalty of perjury under the laws of the State of California that the f 4 foregoing is true and correct. 5 Executed this-t;Z,vday of ,2015 at HIMUngton Beach, Cahfonua, 6 7 S&Ottliess 8 9 10 11 12 13 14 15 i 16 17 18 19 20 21 22 23 24 25 26 27 28 14-4302/115573 3 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTS APPLICATION FOR ORDER TO SHOW CAUSE RE PR.ELEVENARY INJUNCTION AND TENTORARY RESTR.A BONG ORDER HB -529- Item 10. - 78 PROOF OF SERVICE OF PAPERS 1 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)descnbed as. 8 DECLARATION OF SCOTT BESS 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 Peurano&Associates,Inc. 17 1666 N.Main Street,Suite 350 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 l 3 l S at Huntington Beach,California zz 23 �Ano- f aideth 24 ' 25 26 27 14-4302/115573 28 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINIlJG ORDER Item 10. - 79 HB -530- 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 ) 5 CALIFORNIA, ) 6 Plaintiff, ) 7 vs. } Case No. 30-2014-00745511 8 DANIEL GARFIELD RICHMOND, ) HUNTINGTON BEACH CARE GIVERS, ) 9 and DOES 1 through 50, ) Inclusive, ) 10 ) Defendants. ) 11 ) 12 13 14 15 DEPOSITION OF 16 SCOTT HESS 17 SANTA ANA, CALIFORNIA 18 FEBRUARY 23, 2015 19 20 21 REPORTED BY. PATRICIA A. PAGANO, CSR. 8406 22 23 24 25 1 HB -531- Item 10. - 80 1 to the zoning code open for the public to come and look at, 2 correct9 3 A. Yes. 4 Q. All policy decisions -- 5 A. Correct. 6 Q. -- is that correct? 7 A. Yes. 8 Q Okay. Very good. 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.) 13 (Record read. ) 14 MR. PEIRANO. Let's go back on the record. 15 BY MR. PEIRANO: A116 Q. Have you issued any policy decisions with respect 7 to medical marijuana at a119 8 A. No You know what? Would you mind rephrasing the 19 question? 20 Q. I'll ask you another question. 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. 39 Item 10. - 81 HB -532- 1 Q. Okay. What would I have needed to do to make it a i 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 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. 15 Q. The point of the policy decisions and keeping them 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 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 Hs -533- Item 10. - 82 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: 4 Q. Are policy decisions defined in the ordinance code? 5 A. Yes. 6 Q. Very good. ? 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. 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Q€±3ccpP Y' ba*10,bp li Fensa€e'rratsednnj 0wrpancrType, Ptease'se8 ftatta�hsdfie5cfteatiZe f 'that$is whiPb-is pan of 011ftht peMi(wd�t�#tar}aC th iocatot5,twwe*T,,if+a?toVrany C 1iftate of Oacvpaney shflutd�e�eededlt�oP'ro;�i�:'�c�rr �ai'�str�c�lorr�aPp�vai mustbe ; 013airr-orom @*,Irtspadomi6negerand a fp Mpat bo� aif *brfa#ha issuar'0e of tourraty 0601ficate of 6r.6,paaci t W Whitt d-6 wefook for 4urin$j4C-ar€ltidat0 of- ceupaacy ba*to t* fnsppatwn? ' s A:-A-Certifrdate af0ccupaiq iaspeotton is requlmd for aLtnow bi sfnssses-and Tor j wnaotftr=r swents_to wd4tlr rigs,Fpr pre speah-,lafaTmatIon we 1;0-T tficam Ot Oesr,Pans!'lnspeehpns= FarftEs ba�ctD�� ; 4/13/2015 124PM Item 10. — 89 HB -540- :�rty ofHuntington Beach,California-Permit Center-Certificate of O=L, http://www.huntingtonb=chca.gov/gc vcmment'departments/buiIding_safe i 1 t E t i 5 3 1 x i tOw (OWstU Wt w f btpl ass ff. t W-Pt Kam* ifie IMP r W -a lm-Wt =4M 1,cameo tq t dio s-to C4 gnbt C>(j+eff'1�tan S'seoh:A1t��hEs ras�rn�'� SndCty t15A,We fi6 Wlhsdemarf€V Bidflal.L G sir - �w2 ''^-'_Y m a_y�-''M1�+�eS:a:o...;__� F_.r r.. "`_?`F�.., __ , n�^_.__ -__ __ _� _—-r-.:i-�-"�1 `�,'":'6_��_:'e-'v-\ ,' =v'ti-�+....r-..cT>.r s_ -_ _ � ••- of 4/13/2015 1 24 PM HB -541- Item 10. - 90 Mar r 4. 2015 4:59PM Y9 ATTORNEY rl No. 1692 P 7 Y OF HUNTING TON BEAM i� glotta oylq"OF THE Pad D'AlusaAdra AUil=Ckr AURW CITY ATTORNEY Sit Mo®� PA.Rox M sz D*WCftAbMV Wthad K Gates ZppQM**Sued JoLiFujs HT ��gCly lffq}ute 92"S &.nvogc*A wnv city Amy Taky1 (714)536-5555 na"g ow F (7I4)W4-1590 Ekgu Ct�pAuoioeY VIA F 4AZ f0 CIIIC�Ck—A-9 CM Mwch 4,2 IS - PA- p' 0�'+14S50CJ�5a�tG. t 16Sj62 .Maim Suvo,Site 350 Santa.Ana,CA 92701 Re: City of�wmgton Beach V.Danied Gar,field Richmond QCSC No.745511 Dear Mr.Peaaaa: ills rovM confim our coiwerjem"y con=n&g the sufldng of the allogations contained in P=Vagh 12 of&e Cont. Such allegations wefe miS�enly inC3uded. As such I havo Agreed to stAe those allegations from the c�mP]aiuL Thank you for yawn rourwsy on tlis issue. Very truly YOM e�Z;ue ia-a3o2ntglzt�aoo , Item 10. - 91 HB -542- EXHIBIT NO. 21 xB -543- Item 10. - 92 1 MICHAEL E. GATES,City Attomey SB 258446 DANIEL K OHL,Deputy City Attorney SB 1093 72 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 a SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO.3 0-2014-00745 511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, DECLARATION OF JIM SLOBOJAN 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 I. Request for Judicial Notice 17 Defendants. ) 2. Memorandum of Points and Authorities 1a 3. Declaration of Richard Massi 4 Declaration of Al Brady ; 19 5. Declaration of Scott Hess 6. Declaration of Tun 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 Linda S.Marks 24 ) 25 I, Jim Sloboj an,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 2B 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 Item 10. - 93 HB -544- 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 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 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 11 business license,pursuant to Huntington Beach Municipal Code Section 5.08,010. Abusinessthaf 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 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 marijuana dispensary currently operating at the property. 21 The City has not issued a business license for any medical marijuana dispensary in the City. 22 If a person or business claim 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.ggidestar.org. Unless 26 properly verified,the City would not issue a non-profit business license. 27 211 14-4302/115578 2 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIlvIINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 1413 -545- Item 10. - 94 I I searched the wwwzWestar.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 1 4 I declare under penalty of perjury under the laws of the State of California that the ' r 5 foregoing is true and correct. 6 Executed this j-L day of J-- '2015 at Huntington Beach, California. 6 Jim S ojan 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14-4302/115578 3 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELM41NARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 10. - 95 HB -546- 1 PROOF OF SERVICE OF PAPERS 2 STATE OF CALIFORNIA ) ) 55. 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 &Sf/ _ //s ,I served the foregoing document(s)described as: e 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 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 Peu`ano&Associates,Inc. 17 1666 N.Main Street, Suite 350 Santa Ana, CA 92701 16 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 at Huntington Beach,California. 22 23 Joan Naideth 24 25 26 27 14-43021115569 2e 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 -547- Item 10. - 96 EXHIBIT NO. 22 Item 10. - 97 HB -548- 4 EXHIBIT NO. 23 xB -549- Item 10. - 98 EXHIBIT NO. 24 Item 10. - 99 xB -550- 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. ) DEPOSITION OF ALBERT BRADY, JR. Santa Ana, California Thursday, February 26, 2015 xB -551- Item 10. - 100 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 Item 10. - 101 xB -552- xB -553- Item 10. - 102 F 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 Item 10. - 103 xB -554- 11 to hand out the citation,if one is necessary,or do 12 they hand out 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 HB -555- Item 10. - 104 � ATTACHfVT #3 � J® #& Huntington Beach Planning Commission 413 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION August 26, 2015 Medical Aid Program d b a Med-Aid HB 17511 Griffin Lane, #6 Huntington Beach, CA 92647 SUBJECT: PLANNING APPLICATION NO. 2015-137 (APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPELLANT/ APPLICANT: Medical Aid Program, d b a Med-Aid HB PROPERTY OWNER: Sheren Truong/Nhu Truong17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST: To obtain zoning approval to establish a medical marijuana dispensary in the IG (Industrial General) zone at 17511 Griffin Lane, #6 LOCATION: 17511 Gnffin Lane, #6, 92647 (west side of Griffin Lane, south side 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 penod 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, ati5:00 PM. Item 10. - 105 .5271 Fax HB -556-540 www surfcity-hb org Notice of Action PA 15-137 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 jjames@surfcity-hb org, or the Planning and Building Department at (714) 536-5271 Sincerely, Scott Hess, Secretary Planning Commission By 9P*Q--1W-C� Mhe Jam Vs, Planning Manager SH JJ kdc Attachment Findings For Denial— PA 15-137 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, Building Manager Jane James, Planning Manager Sheren Truong, Property Owner Nhu Truong, Property Owner Project File HB -557- Item 10. - 106 ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-137 FINDINGS FOR DENIAL—PLANNING APPLICATION NO. 2015-137 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 20418, 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 Huntington Beach Zoning and Subdivision Ordinance Section 212 04 lists all the permitted and conditionally permitted uses in the IG (General Industrial) zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use HBZSO Section 212 04 adds that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use 3. Huntington Beach Zoning and Subdivision Ordinance Section 204 02, provides that the Director of Planning and Building shall determine whether a specific use is within one of the permitted Industrial use classifications The Director shall exclude the use "if its characteristics are substantially different than those typical of uses named within the classification " The Director finds that medical marijuana dispensaries are substantially different that Industrial, Custom or any other permitted or conditionally permitted use in the IG (General Industrial)zone. 4 Planning Application No 2015-137 (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. 5 Planning Application No 2015-137 (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 Ordinance Section 204 18, expressly demonstrating that medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 6 Planning Application No 2015-137 (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 r\P(\NnA\15\08-25-15 PA 15-137(MMD) Attachment 1 1 Item 10. - 107 HB -558- 7 Planning Application No 2015-137 (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 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 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 G\PCWOA\15\08-25-15 PA 15-137(MMD) Attachment 12 xB -ss9- Item 10. - 108 ATTACHMENT #4 gtb n Beach 'P] ng,::�nd,Buflding,'D,4�pqtme t'Planning, -n Z 4-, A STFF "PoR s HUNTINCJON REACH TO: Planning Commission FROM: Scott Hess,AICP, Director of Planning and Building BY: Jane James,Planning Managerrkd DATE- August 25, 2015 1-1%1� SUBJECT: PLANNING APPLICATION NO. 2015-137 (APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPLICANT/ APPELLANT: Medical Aid Program, d b a Med-Aid HB, 17511 Griffin Lane, #6, Huntington Beach, CA 92647 PROPERTY OWNER: Sheren Truong/Nhu Truong, 17511 Griffin Lane, #6, Huntington Beach, CA 92647 LOCATION: 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side of Slater Avenue) STATEMENT OFISSUE: + Planning Application No 2015-137 (Appeal of Director's Decision) - To obtain zoning approval to establish a medical marijuana dispensary in the IG (General Industrial) zone at 17511 Griffin Lane, #6 + Staff Recominendation Deny Planning Application No. 2015-137 (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 in the IG (General Industrial) zone - Medical marijuana dispensaries are not within any of the permitted use classifications of the IG (General Industrial) zone; instead, their characteristics are substantially different than uses within the IG (General Industrial) zone - Medical marijuana dispensaries are an expressly prohibited use throughout the City pursuant to Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204.18, Prohibited Uses RECOMMENDATION: Motion to: "Deny Planning Application No. 2015-137 (Appeal of Director's Decision) with findings (Attachment No. 1)." #B-3 Item 10. - 109 HB -560- K pf u c F ut cr IE. o - r O zy � S r ' r=,ems-_4nn�x _ r1 s � Y- 54 a ,� � � �t fix• ".1 � 75N VICINITY MAP PLANNING APPLICATION 2015-137 (17511 GRIFFIN LANE, # 6) PC Staff Report—08/25/2015 (15sr27Appeal PA 15-137 17511 HB -561- Item 10. - 110 ALTERNATIVE ACTIONN: The Planning Commission may take an alternative action such as- "Continue Planning Application No 2015-137 (Appeal of Director's Decision) and direct staff accordingly" PROJECT PROPOSAL: Planning Application No 2015-137 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 17511 Griffin Lane, #6. Background: The applicant opened and began operating a medical manjuana dispensary on or about June 26, 2013 The applicant never obtained zoning approval, a certificate of occupancy, or a business license permit to open and operate the dispensary. After litigation commenced and at the direction of his attorney, on June 16, 2015, the applicant submitted Business License and Certificate of Occupancy applications 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 medical marijuana dispensaries 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 Building's decision. Appeal: On July 6, 2015, the Applicant filed an appeal of the Director of Planning and Building's decision (Attachment No 4) and the item is now scheduled for public hearing before the Planning Commission Code Enforcement History: On February 5, 2014, the City filed suit against the owners of this Dispensary, Garth Reidl and Nhu Quynh Thanh Troung, City of Huntington Beach v Med-Aid, Orange County Superior Court, Case No 30-2014-00702871. On December 12, 2014, the Court entered an order granting the City's motion for a preliminary injunction, which resulted in the closure of the dispensary until the case is tried, begmmng January 25, 2016 The Court found that the dispensary was a nuisance per se because the use was prohibited under the City Municipal Code and Zoning and Subdivision Ordinance and therefore open and operating illegally Item 10. - 111 'ort—18/2 5/2015 FIB -562- (15sr27Appeal PA 15-137 17511 Griffin 6 WAD) ISSUES: General Plan Conformance: The General Plan Land Use Map designation is I-F2-d (Industrial-0 50 Floor Area Ratio-Design Overlay) The proposed Planning Application No 2015-137 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 routinely held for almost a decade 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 IG (General Industrial) zone and the proposed use does not comply with the requirements of that zoning designation HBZSO Section 212 04 identifies the permitted and conditionally permitted commercial uses in the General Industrial and Limited Industrial zones, and HBZSO Chapter 204 defines each of these uses Use classifications that are not listed as permitted are prohibited (HBZSO Section 212 04) As discussed further below, a medical marijuana dispensary cannot be classified as any of the permitted or conditionally permitted uses in the General Industrial zone 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 Planning and Building Department PC Staff Report-08/25/2015 (1 5sr27Appeal PA 15-137 17511 HB -563- Item1O. - 112 Public Notification: The applicant/appellant was notified of the appeal hearing date on July 24, 2015 (Attachment No. 5) As of August 18, 2015, no further communication regarding the request has been received. Application Processinz Dates: DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE(S)- Not Applicable Not Applicable ANALYSIS: Applicants' appeal raises the following issues 1 Ordinance No 4058 Prohibitins4 Medical Marijuana Dsspensanes 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 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" (Attachment No. 2) Applicants make the legal argument at pages 2-4 of their Appeal that HBZSO Section 204 18 is invalid The City Attorney considers this claim without merit, particularly since the Supreme Court recently approved of such local ordmances 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 on the basis that all City Ordinances are valid It should also be noted that even prior to the adoption of HBZSO Section 204.18 prohibiting all medical marijuana dispensaries throughout the City, the HBZSO already banned dispensaries hi 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 exclusive authorization of dispensaries in Industrial zones, the result was to prohibit them throughout the City. This prolubition has remained intact since 2007 2. The Applicants Were Not Wrongfully Denied The Opportunity To Apply For A Business License Applicants claim that before opening their dispensary on Griffin Lane, they attempted to apply for a business license but the City denied it. Applicants offer no evidence that they ever applied for a business license, but even if they applied and the City rejected it, their remedy was to sue in Superior Court to obtain an order compelling the City to formally act on the license application The remedy available to them was not "self help," 1 e , to open up the business in defiance of the City's prohibition of such dispensaries Consequently, the applicant's "wrongful denial" claim is without merit. Item 10. - 113 ort—"/25/2015 HB -564- (15sMAppeal PA 15-137 17511 GnfFm 6 N4MD) 3. Medical Marijuana Dispensaries Are Not A Permitted Use In The General Industrial Zone As explained above, not only have dispensaries been prohibited throughout the City, they are specifically prohibited in the General Industrial zone In 2007, the Council adopted Ordinance No 3788 which deleted medical marijuana dispensaries as a permitted use in all Industrial zones However, applicant makes the specific claim at pages 4-6 of his appeal that regardless of the general prohibition on dispensaries, his individual dispensary is a permitted use in the General Industrial zone. The Planning Commission should reject this claim as well. HBZSO Section 212 04 lists all the permitted and conditionally permitted uses in the Industrial districts Medical marijuana dispensaries are not listed as a permitted use HBZSO Section 212 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 "sirmlar characteristics," but do not list "every use," the Director of Planning and Building shall determine whether a specific use is within the classification The Director shall exclude the use "if its characteristics are substantially different than those typical of uses named within the classification" (Section 204 02.) (Attachment No. 2). The applicant claims that dispensaries share the same characteristics as "Industry, Custom," a permitted use in the General Industrial zone. Section 204 12 defines "Industry, Custom" as follows "Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment Small-Scale Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on-site Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture " The applicant claims in his appeal that dispensaries are a Custom Industrial use because they "take the medical marijuana in its raw form to process and treating it in preparation for its final sellable form either as a medical marijuana cigarette or edible form." The HBZSO offers several examples of small-scale, custom industry uses such as ceramic studios, candle-making shops and custom jewelry manufacture A medical marijuana dispensary is comparable to none of them Medical marijuana is provided through the cooperative or collective cultivation efforts of patients and caregivers. The sale of medical manjuana, currently a federally classified schedule 1 substance, is an "all cash" business which imposes public safety concerns on the City. A dispensary is not a machine shop, but a noncommercial cooperative or collective endeavor Consequently, even if dispensaries were not prohibited throughout the City, and specifically in the Industrial zones, they still would not qualify as an"Industry, Custom" use Applicants also rely upon Section 21102 regarding Commercial Districts and retail uses, but this argument is misplaced because the Griffin Lane property is located in the Industrial, not the Commercial zone, and"retail" is not a listed use in any Industrial zone (Section 212 04) More generally, dispensaries are not a retail use. The case of City of Monterey v Carrnshimba (2013) 215 Cal App.e 1068, is directly on point In that matter the Court found "that the operation of a PC Staff Report-09/25/2015 HB -565- (15sMAppealPA 15-137 17511 Item 10. - 114 dispensary does not fall within the use classification of retail sales" (Id at 1092) While also deciding that the operation of 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 manjuana 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 ) In summary, medical marijuana dispensaries have been a prohibited use within this City since the City adopted Ordinance No 3788 in November 2007 There has not been a change in the City's prohibition since then 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 prohibited use everywhere in the City, including all zoning districts and all specific plan areas Therefore, Staff recommends that the Planning Comimssion deny Planning Application No. 2015-137, the applicant's appeal, and request to obtain zoning approval for a medical marijuana dispensary at the subject site ATTACHMENTS: 1 Findings for Denial—Planning Application No 2015-137 (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 Nhu Truong dated June 26, 2015 (includes copy of Business License application and Certificate of Occupancy application) 4 Appeal from Applicant, Medical Aid Program, d b.a Med-Aid HB received and dated July 6, 2015 5. Notice of Filing Status Letter from City of Huntington Beach to Appellant dated July 24, 2015 SH JJ kd Item 10. - 115'ort—08/25/2015 HB -566- (15sr27Appeal PA 15-137 17511 Gnffin 6 NIAM) ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-137 (APPEAL OF DIRECTOR'S DECISION) SUGGESTED FINDINGS FOR DENIAL—PLANNING APPLICATION NO. 2015-137 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 Huntington Beach Zoning and Subdivision Ordinance Section 212 04 lists all the permitted and conditionally permitted uses in the IG (General Industrial) zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use. HBZSO Section 212 04 adds that "use classifications that are not listed are prolbited." Consequently, dispensaries are, a pi ohibited use. 3 Huntington Beach Zoning and Subdivision Ordinance Section 204.02, provides that the Director of Planning and Building shall determine whether a specific use is within one of the permitted Industrial use classifications The Director shall exclude the use "if its characteristics are substantially different than those typical of uses named within the classification" The Director finds that medical marijuana dispensaries are substantially different that Industrial, Custom or any other permitted or conditionally permitted use in the IG(General Industrial) zone 4 Planning Application No 2015-137 (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 5 Planning Application No 2015-137 (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 Ordinance Section 204 18, expressly demonstrating that medical marijuana dispensaries are a prohibited use within the City of Huntington Beach. 6 Planning Application No 2015-137 (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 PC Staff Report—08/25/2015 HB -567- At Item 10. - 116 7. Planning Application No 2015-137 (Appeal of Director's Decision) to obtain zoning approval of a medical manjuana 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 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 Item 10. - 117 xB -568- _ _ _______r ort—08/25/2015 Attachment No 1 2 204 02 Applicability "Zflt�TNG CEDE ,p7 v- :, -_ '. _ e t t = U",-_�� _ _ -.�— „�> i��,t�. - = - 'f, _ _, -` ---a,- v,�;r•;=-,a;�= 4� ,r�y, '1 r vim. k,r ris,T Ris.¢ E. �; - - le,70 Zfl1 � ID EI f 11 FpFt{)ViSIflI�I _ _ __3g ys _ ' a, zy r ,A,� ,'�",Y�r"r4 { i» _ e - _ �.'ivy", Y' 5 r ati i��'""�",'I4's'" ";,� 204.02 Applicability Use classifications describe one or more uses having similar characteristics,but do not list every use or activity that may appropriately be within the classification The director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this title The director may detenmine 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 i TACHMENT NO. 2-At http//www geode us/codes/tmntmgtonbeach/view php?topic=zonmg_code-HB -569-!&f,=es=on[8/18/2015 6 02 23 PM] Item 10. — 1 19 204 18 Prohibited Uses F. . . NERNM . . ,y��«� �7q�yy+-y� ��.-}�dq=ay__ -'r�_7 �- i"R.`.'.." _s .,_ ".�,9^�„�a.n iII.iC=i1�1i#YA3'L � '—" �'L"ir 71� 1J�1Y 3�ry�h t`'ry s "'J3c"'' - h a _" x,x�i �.rer"dry 7 `- im,lg sy s- PA��' 2 _'-" dam .,t'N�"'>�y"'- ".yam__ *,%*w.F..�u Sa✓.;,w .- - iyxg,^�� t�i:��Ld7T' yj 3:11iJ5131.f1d 1ANJ3�_- N tik i� _�t �S.. xay,� "` 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 prolubited in the City of Huntington Beach, the City is adding this express prolubition 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. TT GHMEHT NO. 2. 2 Item 10. — 1 19:s/huntmb onbeail phpAopic=zomng_eode HB -570-&frames=on[8/18/2015 6 01 35 PM] CITY OF HUNTINGTON BEACH Original Via U.S. Mail — Certified Return Receipt June 26, 2015 Nhu Truong President Medical Aid Program dba Med-Aid HB 17511 Griffin Lane#6 Huntington Beach, CA 92647 Dear Nhu Truong 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 16, 2015, you submitted an application for a business license for a Medical Marijuana Dispensary 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 204 18) 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 • Phone 714-536-5630 • Fax 714-374-5365 • www huntingtonbeachca gov ATTACHMENT Item 10. � 120 HB -571- i Page 2 Medical Aid Program dba Med-Aid HB 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 j 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 Thankyou Sincerely, Lori Ann Farrell, Director of Finance S ott 6ss, Director of Planning and Building Enclosure Copy of Application Item 10. - 121 HB -572- ATTACHMENT NO. 3.2- CITY OFHUNTINGTON BEACH FINANCE DEPARTMENT—BUSINESS LICENSE P 0 Box 190-2000 Main Street,Huntington Beach,CA 92648-2702 Phone(714)536-5267—Fax(714)536-5934—www.surfcity-lib ore \ APPLICATION FOR BUSINESS LICENSE BUSINESS DETAILS: Applications must be typed,or legibly hand printed in blue or black ink `c, Name of Business(DBA) s /fiCl' 64f3' e Name of Corporation(attach list of offi ers) rG?' h� �� Owner(s)or Princtpa s) Title 7C� Title Contact Person r' Title Business Address /757/ Ting Address, City,State,Zip E-mail Address Web Site Business Phone Fax Type of Ownership I Social Secuntv# Type of Ownership ❑LLC Federal Tax iD# State Tax I D# ❑Sale Proprietor I= ❑Partnership Sd'Corporation Date Business Started in Huntington Beach #Employees(include self Full-time Part-time(FTE) SIC# per latest tax fdmgp Detailed Description of Business Activity: Located in a BI D? BID Zone BID Type or ategory Sq Ftg/Floor/Etc Cash Receipt# NPDFS Permit# ❑Yes ❑No ❑ i ❑2 6 Jv 5' Description of Products Sold Do you collect sales tax?ErYes❑No Selier's Permit(Resale#) Business Vehicles Used In the City JUnder 1 ton 1 1-3 tons Over 3 tons License Plate It License Plate# ❑Yes o How Man ❑ General Contractor Contractor's Uc# 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 714 960-8805 State License(#/Type/Exp Date) Live Entertainment? ❑Yes O No Sale of Adult Only Items? CJ YesZINo Coin Operate Machines? #Vending #Amusement #Service #Music #Bulk ❑Yes o VendingCompany's Name/Address/Phone #Apt/MoteUR coming House/Office Units #Trailer Spaces of Date Purchase Mobile Vendor? ❑Ye No It yes,complete section on back of form i am aware of the prcroslcns of Section 3700 of the California Labor Code, which requires every employer to be Insured against liability for Workers Compensation (Please check appropriate box) 6 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 provisions of Section 3700 or our license immediately becomes revoked In order to obtain a business license,the applicant must present all appropriate zoning permits Business Incense applications will not be accepted or prcdassed by the Business License office until proof of all appropriate zoning permfts have been provided I hereby declare u der penalty o riury that the Information and statements on this application are true and correct Signature Title L / Printed Name �/C �11� Date: B/L# / Total Due: c t"7� I ( Pagel of-2 AT TACHMENT HB -573- Item 10. - 122 SUPPLEMENTARY INFORMATION REQUIRED (NON-PUBLIC INFORMATION) Applications must be typed,or legibly hand ranted In blue or black ink Owner or Principal Titl �- e - f9S_a dress Residence Ad s /L City �/� State Zp Date of Birth Dnv *WWWMI Signature r Partner's Name or 86condary Principal(If applicable) Title Residence Address City State Zip Home Phone Date of Birth Social Security# Drivers 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 Color VIN# Previous Licenses City where previous license obtained Date ❑Yes El No Has license/franchise previously been Reason for Suspension if Yes Year revokedisus ended'2 ❑Yes ❑No MOBILE VENDORS MUST ALSO PROVIDE WiTH APPLICATION a Legible 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 profile 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 Certcficate 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)(i) 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 aR 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.dgs.ca.g2v/dsa/Home.aspx.The Department of Rehabilitation at www.re1utb.cah et, ov.The CaflfornioL Commission on Disability Access at www.ccda.ca. ov. Signature 6G � OFFICE USE ONLY: Buss License NOTES- TOTAL DUE: $ (Includes non-refundable processing fee) Page 2of2 TTACHMENT NO. 3' 4 Item 10. - 123 HB -574- r i ` CASH RECEIPT CITY OF HUNTINGTON BEACH R,0 BOX 711 HUNTINGTON BEACH,CALIFORNIA 92648-0711 B www huntingtonbeachca gov/payments DATE /r Issuing Dept I n�l �+)C lC /P!✓ Dept Phone FUNDS RECEIVED FROM U �U6 �,J� ADDRESS + Phone# FOR _e AMOUNT RECEIVED e"ash O Check# O Credit Card f Prepared T Received Finance By - roval IF OBJECT=5 000 RU 90000,FINANCE APPROVAL REQUIRED Approval Date Business Unit Object Subs Sub-Led er Type c'c 6141->1 U .�IZ f — —7 �'.00 i ------ ---- -- ---------- TOTAL $ k9 Stamped Validation Only Please do not write in the box beGW'=,,j 9 1-w 1 L�C1=t_'00 N o.12 8 3 0 E 1 TREASURER COPY ATTACHMENT ` ." " xB -575- Item 10. - 124 I DEMAND FOR APPEAL OF 2 BUSINESS LICENSE APPLICATION DECISION 3 4 TO CITY OF HUNTINGTON BEACH Planning Commission 5 FROM APPLICANT, Medical Aid Program d b a. Med-Aid HB 6 17511 Griffin Lane# 6 Huntington Beach, CA 92647 7 Date- July 6, 2015 8 9 RE Appeal of City of Huntington Beach's June 26,2015, decision to deny zoning approval and permits for operation of medical marijuana dispensary 10 11 I, Sheren Truong, president of Medical Aid Program d b.a. Med-Aid HB demand by way of this 12 appeal that the City of Huntington Beach issue Medical Aid Program d b a Med-Aid HB a business 13 license along with all applicable permits in order to operate medical marijuana dispensary at the location 14 commonly known as- 17511 Griffin Lane# 6, Huntington Beach, CA 92647 for the following reasons 15 16 1 The City of Huntington Beach's denial of business license application based on H BZSO 17 section 204 18 is not valid as the underlying Ordinance No. 4059 used to pass 2014 18 18 is void as a matter of law pursuant to California Government Code section 65858(e) as 19 it duplicated the City's Ordinance No 3700 20 2 Medical Aid Program prior to operating attempted to apply for business license, but was 21 wrongfully denied its due process rights to submit its business license application 22 because of the City's mistaken belief that its municipal code sections prohibited 23 24 medical marijuana dispensaries from operating in the zone where Medical Aid 25 Program operated out of 26 RECEIVED 27 JUL 0 6 2015 28 Uept of Planning & Building TTACHMENT NO. - Item 10. - 125 HB -576- 1 1 DEMAND FOR APPEAL OF BUSINESS LICENSE APPLICATION DECISION I ARGUMENT 2 I. The City of Huntington Beach's denial of business license application based on 3 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to 4 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 5 According to the City's June 26, 2015, decision to deny Applicant's business license application 6 7 its application for business license was denied because 8 Earlier this year, the City passed an ordinance that expressly prohibits the 9 establishment of Medical Marijuana Dispensaries or related businesses in Huntington 10 Beach, although this ordinance did not change the City's longstanding(HBZSO Section 11 204 18) Prior to this Ordinance(land use laws) in Huntington Beach prohibited the 12 establishment of any Medical Marijuana Dispensaries or related business in Huntington 13 Beach because such a businesses were not listed as a"permitted use" under the City 14 15 zoning laws (HBZSO Sections 204.02, 2014.10, 21104, and 215 04) 16 See Exhibit"A" City of Huntington Beach June 26, 2015, denial of business license application. 17 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O 18 CALIFORNIA GOVERNMENT CODE SECTION 65858, ET. SEQ. 19 The City's June 26, 2015, denial of business license application by Medical Aid Program d b a 20 Med-Aid HB makes it clear that the City thinks that it passed Ordinance 4059 on May 4, 2015 Passage 21 of an urgency ordinance, such as this one, are subject to particular procedures that must be followed b 22 the City adopting a zoning ordinance However 23 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 24 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 25 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 26 study within a reasonable time 27 California Government Code section 65858(a) 28 While enacting Ordinance 4059, the City invoked this provision. "Pursuant to Government Cod j_ Section 65858, and based on the findings set forth above, the City Council hereby declares that thi HB -577- ' T + H�IEfltem 10. - 126 DEMAND FOR APPEAL OF BUSINESS LICENSE APPLICATION DECISION 1 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 2 health, safety, or welfare." 3 B. The City cannot meet the provisions of Cal. Gov. Code §65858 as it failed to ameliorate the 4 effects of its prior urgency ordinance for moratorium against medical marijuana 5 dispensaries. 6 The ability to simply bypass procedures based upon the willingness of a city council to 'make 7 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 8 approval of additional subdivisions, use permits, variances, building permits, or any other applicable 9 entitlement for use which is required in order to comply with a zoning ordinance would result in that 10 Feat to public health, safety, or welfare" (Gov. Code § 65858(c)) would seem ripe for abuse, and the I 1 City does just that Fortunately, subdivision(e) steps in to prevent the City's abuse. 12 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, 13 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 14 provided in this section 15 California Government Code section 65858(e). (Emphasis added). 16 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 17 manjuana dispensaries" No two interim ordinances can address the same subject on the same land fo 18 the same reason and purpose 19 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 20 The City admits there was a previous moratorium in the new interim ordinance. "The City o 21 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries " (City' 22 RJN E, § 1A.) In fact, the City adopted it on February 22, 2005- 23 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 3700— "An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium 24 on Medical Maryuana Dispensaries" with specific findings regarding the detriment to the public's health, safety and welfare amended to bypass the Planning Commission and 25 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: 26 AYES Hansen, Coerper, Sullivan,Hardy, Green,Bohr NOES Cook 27 ABSENT- None 28 City Council Minutes, February 22,2005 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t Item 10. - 127 NB -578- �rncET �. . 11 DEMAND FOR APPEAL OF BUSINESS LICENSE APPLICATION DECISION 1 California Government Code Section 65858(a) . . . tlus interim ordinance shall become effective 2 immediately " (Ordinance 3700, § 4 ) Including the amendment to cut the effective period down to 3 3 days, the moratorium expired on March 25, 2005 and can not be re-enacted ten years later pursuant 4 to Government Code section 65858, subdivision(e) As a result, the current state of the law in the City r 5 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 6 medical marijuana dispensaries 7 II. Medical Aid Program prior to operating attempted to apply for business license,but 8 was wrongfully denied its due process rights to submit its business license 9 application because of the City's mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from operating in the zone where 10 Medical Aid Program operated out of. 11 The Huntington Beach Municipal Code provides that it will issue licenses for those seeking 12 business license and that it cannot use its business license for the purpose of regulation• 13 "The business licenses issued pursuant to the provisions of this title constitute a receipt 14 for the license fee paid and shall have no other legal effect A business license is a 15 requirement,not a permit to conduct,manage or carry on any business activity within this City (838-6/61)" 16 HBMC section 5 04 090 License not a permit 17 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 18 and is not intended for regulation (766-7/60) 19 HBMC section 5 04 020 Purpose 20 Medical Aid Program's property falls under the City's industrial use classification as Custom 21 Industry• "A Industry, Custom Establishments primarily engaged in on-site production of goods b 22 hand manufacturing involving the use of hand tools and small-scale equipment" HBMC Zoning 204 12 23 Not only that but because medical marijuana dispensaries may only sell medical marijuana to its 24 members then the property can also snnultaneously qualify for classification as a club or lodge unde 25 Huntington Beach Zoning Subdivisions & Ordinances section 204 08 Public and Semipublic Use 26 Classification. 27 Now under the City's land use laws a property classified as Custom Industry can perform retail 28 sales of goods such as medical marijuana ATTA 211.04 CO,CG, and CV Districts—'HB'S79 Controls i r"VCHMEN r 10.A- 128 T)FMAND FOR APPFAT C)F RTT1qTNF41q T,Tf FN'qF APPT,Tf ATION T)FCTCTnN 1 In the following schedules,letter designations are used as follows 2 "P" designates use classifications permitted in commercial districts 3 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow 4 [ **] 5 Use classifications that are not listed are prohibited Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 6 elsewhere in the Zoning Ordinance. Where letters in parentheses ,are opposite a use classification heading, referenced provisions shall apply to all use classifications under 7 the heading CO,CG, and CV Districts Land Use Controls 8 P= Permitted Co CG [Commercial CV Additional 10 General] Provisions 11 Industrial 12 Industry, - L-6 L-6 Custom 13 CO, CG, and CV Districts Additional Provisions 14 15 L-6 Only "small-scale" facilities, as described in use classifications, are permitted 16 with a maximum of seven persons employed full time in processing or treating retails 17 products, limited to those sold on the premises 18 Huntington Beach Zoning Subdivisions& Ordinance section 211 04 19 This is exactly what Medical Aid Program does, which is take the medical marijuana in its raw form 20 to process and treating it in preparation for its final sellable form either as a medical marijuana cigarette 21 or edible form This is allowed in this zone for this property and for this purpose 22 The next question is what retails sales are allowed and what merchandise can be sold in the secto 23 where the Property is located? Those two questions are easily disposed of in the City's municipal cod 24 section that follows regarding the permitted use by Med Aid Program under HBMC 204 10Y 25 a. The retail sale of medical marijuana is provided for under the City of Huntington Beach 26 municipal code section under: 204.10Y states 27 Y Retail Sales The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drugstores,tores, clothing stores, 28 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 c s `e nt, . S Item 10. - 129 HB -580- ff� I NO.: "VT"AWnVnu AvvFAT nFRTTCTNT<CCTTCFNQF APPLICATION T)FC'TQT()N 1 kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and 2 wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation) 3 Hunting Beach Zoning & Subdivision and Ordinances section 204.10Y 4 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 5 "Permissive" in circumstances such this means that if something is not specifically provided for o 6 allowed then it is not permitted and/or is prohibited 7 In this case however, there are two reasons why this does not apply as a matter of fact and law, The 8 first is the code section above, is a catchall provision providing for the right to sell merchandise. "Retail 9 Sales The retail sale of merchandise not specifically listed under another use classification" Huntington 10 Beach Zoning & Subdivision Ordinances Section 204 10 Y 11 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under 12 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 13 under the permissive scheme Nothing which is done or maintained under express authority of a statute 14 can be deemed a nuisance 15 As a compliment to that section and in order to further understand the application of the language i 16 establishing that the City's laws do embrace medical marijuana dispensaries• 17 21102 Commercial Districts Established 18 The purpose of the commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three commercial zoning districts 19 are established by this chapter as follows. 20 B. The CG General Commercial District provides opportunities for the full range of 21 retail and service businesses deemed suitable for location in Huntington Beach 22 Huntington Beach Zoning & Subdivision Ordinance section 21102 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 as Me Aid Program seeking a business license to sell medical marijuana have the legal authority to do so in the ATTAHB -581- l In Item 10. - 130 nVna A 1Vn Vnu AvvF A T nF T2TTCTNFCC T TCFNCF APPT,TCATTON DFCTCTnN I City of Huntington Beach 2 The second reason why the principal of permissive code interpretation is inapplicable in this case 3 comes by way of Art I , Sec 's 1 & 26 of the California State Constitution It mandates that the right 4 involved with medical marijuana deal with certain inalienable rights 5 "All people are by nature free and independent and have inalienable rights Among these 6 are enjoying and defending life and liberty, acquiring, possessing, and protecting property,and pursuing and obtaining safety,happiness,and privacy " 7 8 California Constitution,Article 1,Section 1 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 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 prolubitory, unless by express words they are declared to be otherwise " 21 22 California Constitution,Article 1,Section 26 23 But the reality is that please property falls squarely within the classification of light industrial 24 located at the address commonly known as 17 511 Griffin Ln,#6, Huntington Beach,CA 92647 25 According to the key provided by the cities own laws under 211 04 provides retail sales and light 26 industrial area where the subject property is located Commercial businesses qualified by the designation 27 28 L-6, Which according to the cities code key involving additional provisions for "L-6 only small-scale facilities as described in use classifications, I permitted with a m of seven such persons Item 10. - 131 xB -s 82- #ffcHMENT NO.--L'7 11 nFMh KT%'V0R APPF AI nFi RIISiNESS LICENSE APPLICATION DECISION 1 employed full-time and processing or treating retail products, limited to those sold on the premises.' 2 3 [Huntington Beach Municipal Code section 211 041 limited industrial encompasses: 4 Manufacturing the finish parts or products, primarily from previously prepared materials, and provisions of industrial services, both within and close building. This 5 classification includes processing, fabrication, Assembly, treatment, and packaging, but excludes basic industrial processing from Ron materials and vehicle/equipment services, + 6 but does allow food processing for human consumption. 7 HBZSO section 204.12C 8 You're in the process medical are what is route received a trough form still on the stand of 9 the plant and broken down and processed by removing stems and leaves the actual usable 10 11 component and/or place within rolling papers for his final assembly as A medical marijuana 12 cigarette to the end-user, i.e., patients by way of retail sales This is clearly provided for and 13 stated under section 211.04 which permits retail sales in general commercial zones 14 Therefore what retail sales are allowed in general commercial zones use classifications which 15 states full• 16 ..retail sale of merchandise not specifically listed under another use classification 17 18 This classification includes... drugstores, and businesses retailing the following goods:. . 19 handcrafted items, medical supplies,. ." 20 HBZSO section 204.1 OY 21 But this thing is a question of just how I am full is the definition retell sales what was the intent o 22 the city when seeking to define the universe of retail sales that it meant to include in this use 23 classification. The answer simple because the city clearly states and it's intention of what has intended 24 to include in its retail sales: 25 26 The purpose of the commercial district is to implement the general plan and local coastal program 27 commercial land-use designations Three commercial zoning districts ourselves by this chapter as 28 follows: B. The CG general commercial district provides opportunities for the full ran Lye of retail HB -583- °ACHMN Item 10. - 132 DEMAND FOR APPEAL OF bubmbbb LICENSE APPLICATION DECISION I 1 and service this is being suitable for location in Huntington Beach 2 HBZOS 21102 3 4 Clearly, the intended universe of retail sales encompasses in the cities limited industrial,are 5 covered under general commercial district is compliments and he is a full range of retail business ,Full 6 range can be defined according to common parlance is used by the people means the entire spectrum 7 Plainly and clearly intending to encompass anything and everything that can fall into this use 8 classification 9 III. CONCLUSION 10 11 Based on the foregoing Med Aid Program requests that the City of Huntington Beach issue to it 12 business license and permit More importantly, the City in its denial letter has failed to specify wha 13 permits it does not qualify for According to the zoning charts Med Aid Program's business i 14 considered a "L-6 " which is permitted to do business in that zone Therefore, we ask that you 15 reconsider the City's decision to deny business license and permits and issue Med Aid Program 16 business license along with proper zoning approval. 17 18 19 20 21 22 23 24 25 26 27 28 Item 10. - 133 HB -584- NVACH►M NT � nFMANn FOR APPEAL OF BUSINESS LICENSE APPLICATION DECISION Exhibit "A" HS -sss- ATTACHMENT Pit m 40'�134 I CITY OF HLJN7C'INGT0N BEACH ` Y e � Original Via U S Mail-Certified Return Receipt l June 26, 2015 f Nhu Truong ' b, s President Medical Aid Program dba Med-Aid HB r 17511 Griffin Lane#6 �N Huntington Beach, CA 92647 it Dear Nhu Truong, 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,16, 2015, you submitted an application for a business license for a Medical Marijuana Dispensary 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 204 1B) 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 Marjuana 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, 21204, 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 Marjuana Dispensary cannot obtain a Certificate of Occupancy, which is required for the location of your business _ _ In-add f on,-th'6-.Director of-Finance-shall hot issue }_ - ,, a business license to any person failing to <- present41--appropriate ionirig-approvals,-or who has failed to Wrnply�with any other provision _ t '=oit this code;o"rwhose business is prohibited of illegal tHBMG Sections 5.04 050 and 5 Og 360) u __ As the- HBZSO±Section 204 18 expressly states that your proposed business is a prohibited use, the FiiaanEe Director cart`nat legafly issue a business Itcense for this use. _ 2000 Main Street, California 92648-27n2 a Pi,,,- Item 10. - 135 HB -596- TTA CHE T ��. 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ICY of Appliostlon : 2 o i City ®f Huntington beach _ 2000 MAIN STREET CALIFORNIA 92648 9 DEPARTMENT OF PLANNING AND BUILDING w\vw huntingtonbeachca gov Planning Division Building Division 714.536 5271 714 536 5241 July 24, 2015 NOTICE OF FILING STATUS APPLICATION PLANNING APPLICATION NO. 2015-137—APPEAL OF DIRECTOR'S DECISION (17611 GRIFFIN LANE,#6 ) APPLICANT Medical Aid Program d b a Med-Aid HB — 17511 Griffin Lane, #6, Huntington Beach, CA 92647 PROPERTY OWNER 17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17511 Gnffin Lane, #6, 92647 (west side of Griffin Lane, south side 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 6, 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 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 IlamesCcDsurfcity-hb org Sincerely, Jan�wz� � Jes Planning Manager copy Property Owner, 17511 Griffin Lane, #6, Huntington Beach, CA 92647 Sheren Truong, Med-Aid HB, 17511 Griffin Lane #6, Huntington Beach, CA 92647, Truong, Med-Aid HB, 17511 Griffin I ana �i; Huntington Bea ? Item 10. - 137 HB -588- A1,► MENT NO. ATTACHMENT #5 City 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. 2015-137—APPEAL OF DIRECTOR'S DECISION (17511 GRIFFIN LANE,#6 ) APPLICANT Medical Aid Program d b a Med-Aid HB — 17511 Griffin Lane, #6, Huntington Beach, CA 92647 PROPERTY OWNER 17511 Griffin Lane,#6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side 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 _surfcity-hb org Sincerely, t J ne Ja s Planning Manager copy Property Owner, 17511 Griffin Lane, #6, Huntington Beach, CA 92647 Sheren Truong, Med-Aid HB 17511 Griffin Lane#6, Huntington Beach, CA 92647 Nhu Truorg, Med-Aid HB, 17511 Griffin Lane#6, Huntington Beach, CA 92647 Cristian Feiraro, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 HB -589- Item 10. - 138 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 Item 10. - 139 nes\mmd\PA 2015137 17511 Griffin#6 NO H - -'-'5 2 ATTAC H M E N T #6 SUPERiOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER MINUTE ORDER DATE 05/2912015 TiME: 01.30:00 PM DEFT C11 JUDICIAL OFFICER PRESIDING: Andrew P Banks CLERK Myra Nakata REPORTER/ERM: (ACRPT) .lay Bustard CSR#3455 BAILIFF/COURT ATTENDANT: Kathy Arbarez CASE NO. 30-2D 14-0l37455'I'1-CU-MC-CJC CASE INfT.DATE- 09/1612014 CASE TITLE 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., Daniel Garfield Richmond CAUSAL DOCUMENTIDATE FILED: Motion for Preliminary injunction, D413012015 EVENT ID/DOCUMENT ID: 72169239 EVENT TYPE. Motion -Other MOVING PARTY: HBCG Cooperative Inc., Daniel GarFeid Richmond CAUSAL DOCUMENTIDATE FILED Petition for a Writ of Review, Mandate, or Prohibition (Other than a wnt to the appellate division), D413012015 APPEARANCES Cnstian Peirano and Sean Bozarth, from PEIRANO &ASSOCIATES, INC., present for Defendant,Cross - Complainant(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 follows 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, ministenal 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 215.030, imposes a corresponding duty on the Finance Director to accept and consider the 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 ail 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 05129/2015 MINUTE ORDER Page 1 DEPT C11 Calendar No HB -591- Item 10. - 140 CASE TITLE- City of Huntington Beach vs Richmond CASE NO. 5 08.360, and zoning code section 240 02 provide the Finance Direcior and ine Pkanni;ig and Building Department with the discretion m grant or deny a business license, and expressly prohibit them from ,sluing a iic—ense in certain situations Therefore, unlike a true receipt, a business license is nether automatic nor guaranteed under the City`s statutory iicensing scheme (See to re D_B (2014) 58 Cal 4th 941, 945-946, People v. Piatars (1991) 52 Cal.3d 894, 899 ) A wnt of mandate wiV not lie m compel the exercise of discretion in a particular manner or to compel an act the law prohibits. (r`-1_N and Frances C Berger Foundation v Perez (2013) 218 Cat-App 4t.h 37. 45; Orange County Lm�pta, ewes Assn. v. Couny of Drange (1991) 234 Ca!App 3d 933, 845.) Cross-complainant HBCC`s (cross-complainant) motion for preliminary injuncban, is granted in part and denied in part For the same reasons discussed above, the motion .,s granted to t1€e extent it requests an order enjoining the City from refusing to accept business license applications and relevant fees The motion is denied as to all other matters As to the challenge m the validity of the urgency ordinance the Court finds that sucn 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 City and its officers, employees, servants, and agents are hereby enjoined from refusing to accept business license appiications and relevant fees tnrough the pendency of this action or further order of the court The Miscellaneous Hearing is scheduled for 0$10212015 at 09:00 AM in Department C11 Court orders courisel for defendant to give notice DATE 05/29/2015 MINUTE DRDF_R Page 2 DEPT. C11 Calendar No Item 10. - 141 HB -592- ATTACHMENT #7 240.02 Zoning Approval Page 1 of 1 Huntington seaeh Charter and Codes � �l Previous PdeA 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 m 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 (3 334-6/97) View the mobile version 1113 -593- Item 10. - 142 http://www.gcode us/codes/huntingtonbeach/view.php?topic=zoning code-24-240-240 0 .. 10/23/2015 ATTAC H M E N T #8 5.08.360 Zoning and Other Regulations Page 1 of 1 Huntington Beach Charter and Coles i9p Previous Next main i Search `I Fi n No Frames 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 failing 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 10. - 143 1113 -594- http://www.gcode us/codes/huntingtonbeach/view php9topic=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 nman)uana dispensaries have negative,secondary effects in 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 DisRensary or Disgensary Any facility or location where medical marijuana 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 Iong as the location of such uses are otherwise regulated by this Code or applicable law: 1. 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 1 I362 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 ord105 zoning chp 204 and 212 man)uanan/4105 1 Hs -595- Item 10. - 144 Classification-Commercial Uses,Medical Marijuana Dispensary,to be zoned P(L-13). Subsection L-13 shall read as follows:. L-I 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 marijuana 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 line 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(500')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 tlurty 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 23 I,Off-Street Parking& Loading Provisions; Chapter 232,Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. ord105 zoning chp 204 and 212 n anjuana8/1 aro5 2 Item 10. - 145 1413 -596- C. The Director shall grant or deny the application for a medical marijuana dispensary zoning permit for a medical marihuana 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 s�day of March ,2005. r ATTEST APPROVED AS TO FORM- City Clerk AL%ity Attorney REVIEWED AND APPROVED: APPROVED: City A ministrator Director of Planning or&05 zoning chp 204 and 212 marijuan"14J05 HB -597- Item 10. - 146 1 Emergency Ord.No.3703 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I,JOAN L.FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of March,2W5 and was passed and adopted by at least five affirmative votes of said City Council. APES: Hansen,Coerper Sullivan,Hardy,Green,Bohr,Cook .NOES: None ABSENT: None ABSTAIN: None I,10AN L.FLYW,CrrY CLERK of tare City of Huntington Beach and ex-officio Clerk of the City Council,do hereby cemfy that a synopsis of this orcbnance has been published to the Huntington Beach Fountam Vallcy Independent on -31 ,2005 In accordance v ath the City Charter of said City CU Clerk and ex-offlcio erk Joan L.Fl-nn,Ca Clerk of the City Council of the City "Q � Deputy City clerk of Huntington Beach,California Item 10. - 147 HB -598- 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 Ordinance 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 1-13 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�! or ATTEST: - 0 - J grffi� 6551 JWat INITIATED AND APPROVED AS TO City Clerk V 4 F : REVIEWED AND APPROVED: City A ey L246 City strator REVIE AND PROVED: Dirdctorvof Planning t 07-1118/11"2 HB -599- Item 10. - 148 Ord. No. 3788 STATE OF CALIFORNIA ) COUNTY OF ORANGE 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-offncio 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 29,7007 03/J4664) In accordance with the City Charter of said City JoW L.Flygn, City Clerk Cif/Clerk Clerk and ex-officio erk — � Q Deputy City Clerk of the City Council of the City of Huntington Beach, California Item 10. - 149 HB -600- ATTACHMENT # 11 04 18 Prohibited Uses • a a e e - NIN s • � A Q pp# thapW26ftSE CLASSIFIC&TIM' \ 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 -601- Item 10. - 150 —1P-10-10d_10d 1RRjfrnmrc=nn[R/1R/W115 fi O1 35 PMl ATTACHMENT # 12 04 02 Applicability ? 10 Y 14*0 Title 20 LNG CODE--GENERAL Pal} 1{�1�5 .`\ Chapter , USE C1.AS!9 T �1�\ 4t\\\\Nt 44 t � 204.02 plicability 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 10. - 151 xB -602- "/A.--,—An O)kfrnmPc=nnrR/1 R/7(115 A 0?72 PM] e4TTACWNBENT # 13 City ®f Huntington Beach 2000 Main Street + Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov '�Fe i� isoe, Office of the City Clerk ® Joan L. F13rnn, 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 17511 Griffin Lane,#6, Because Dispensaries Are A Prohibited Land Use APPLICANT Medical Aid Program d b a Med-Aid HB—17511 Griffin Lane, #6, Huntington Beach, CA 92647 PROPERTY OWNER 17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval and a business license to establish a medical manjuana dispensary PROJECT LOCATION 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side 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 Sincerely, a n Flynn ity Clerk copy Property Owner, 17511 Griffin Lane, #6, Huntington Beach, CA 92647 Sheren Truong, Med-Aid HB, 17511 Griffin Lane#6, Huntington Beach, CA 92647 Nhu Truong, Med-Aid HB, 17511 Griffin Lane#6, Huntington Beach, CA 92647 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 Fulii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Sister Ccties Anjo, Japan + Waitakere,NeVAr Zealand 127656 d HB -603- Item 10. - 152 Print Request Page 1 of 2 Request: 24175 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- CouncilCity C -Agesda & Public Request type Question Hear 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 Councilmember, please contact their assistant, Cathy Fikes, 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: SUN t EMENTAI COMMUNICATION Meeting Late: /l /5e— Agenda Item No.� r�i /� 02 13 http //user govoutreach com/surfcrty/pnntrequest.php?cured=2423830&type=0 11/2/2015 Print Request Page 2 of 2 Notes Taken By: Date http //user govoutreach com/surfcrty/prmtrequest php?cured=2423830&type=0 11/2/2015 Print Request Page 1 of 2 Request- 24176 Entered on: 10/27/2015 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: ENT A, COMMUNICATION eetina Date: Z -- L—1�" Agenda Item No. /D /o2-, 1-3 Notes Taken By Date: http 1/user govoutreach com/surfcity/printrequest.php?cued=2423913&type=0 11/2/2415 Print Request Page 2 of 2 http //user govoutreach com/surfcrty/pnntrequest php?cured=2423913&type=0 11/2/2015 Print 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 Notes: 7-v"J r- FL COMMUNICATION Uneling Date- /1— ,;, —/ Agenda Item No /a //, /Z, i3 http //user govoutreach com/surfcity/printrequest php?cured=2424950&type=0 11/2/2015 Print Request Page 2 of 2 Notes Taken By. Date: http //user govoutreach com/surfcrty/pnntrequest.php9curid=2424950&type=0 11/2/2015 Print Request Page 1 of 1 I Request: 24203 Entered on: 10/29/2015 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 1 46 PM By: Johanna Dombo Enter Field Notes Below Notes: I I SUPPLEMENTAL :eeting D Date: I Notes Taken By: Date: http //user govoutreach com/surfcrty/pnntrequest.php?cued=2426900&type=0 11/2/2015 Print Request Page 1 of 1 Request. 24204 Entered on. 10/29/2016 2:45 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 PLANT11111 I am SO tired of this BS11111 WAKE UP' What IF your family members depended on marijuana to help their pains?????? 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: //-- d-/-SE- Agenda Item No. Notes Taken By. Date: http //user govoutreach com/surfcrty/pnntrequest php?cured=2427084&type=0 11/2/2015 Print Request Page 1 of 1 Request: 24216 Entered on- 10/30/2016 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 COMMUNICATION Meeting Date: d _ h t tr Agenda Item No. b . [ . 12.0 L Notes Taken By Date: http //user govoutreach.com/surfcity/printrequest.php?cund=2428644&type=0 11/2/2015 Print Request Page 1 of 2 Request: 24223 Entered on: 10/31/2016 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: TAB. COMMI INICATION M� !11 http Huser govoutreach.com/surfclty/printrequest php9curid=2429038&type=0 11/2/2015 Print Request Page 2 of 2 Notes Taken By Date: http //user govoutreach com/surfcity/printrequest php?cured=2429038&type=0 11/2/2015 ® City ® f Huntington Beech .a ee -TI X 2000 Main Street s Huntington Beach, CA 92648 a (714) 536-5227 o www.huntingtonbeachca.gov B 11 ,9ag,� 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 17511 Griffin Lane,#6, Because Dispensaries Are A Prohibited Land Use APPLICANT Medical Aid Program d b a Med-Aid HB— 17511 Griffin Lane, #6, Huntington Beach, CA 92647 PROPERTY OWNER 17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval and a business license to establish a medical marijuana dispensary PROJECT LOCATION 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side 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 tip 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 Sincerely, n Flynn ity Clerk copy Property Owner, 17511 Griffin Lane, #6, Huntington Beach, CA 92647 Sheren Truong, Med-Aid HB, 17511 Griffin Lane#6, Huntington Beach, CA 92647 Nhu Truong, Med-Aid HB, 17511 Griffin Lane#6, Huntington Beach, CA 92647 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 Estanisiau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Sister Cities Anjo,Japan ® Wartakere, New Zealand 127656 du, x C) -L 1 City 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. 2015-137—APPEAL OF DIRECTOR'S DECISION (17511 GRIFFIN LANE,#6) APPLICANT Medical Aid Program d b a Med-Aid HB — 17511 Griffin Lane, #6, Huntington Beach, CA 92647 PROPERTY OWNER 17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Budding 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(lames .surfcity-hb org Sincerely, I Ja s Planning Manager copy Property Owner, 17511 Griffin Mane, #6, Huntington Beach, CA 92647 Sheren Truong, Med-Aid HB, 17511 Griffin Lane#6, Huntington Beach, CA 92647 Nhu Truong, Med-Aid HB, 17511 Griffin Lane#6, Huntington Beach, CA 92647 Cristian Fairano, 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 2015137 17511 Griffin#6 NOF CC 101915 2 Citv ®f Huntington Beach f 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. 2015-137—APPEAL OF DIRECTOR'S DECISION (17511 GRIFFIN LANE,#6 ) APPLICANT Medical Aid Program d 1) a Med-Aid H3 — 17511 Griffin Large #6, Huntington Beach, CA 92647 PROPERTY OWNER 17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 111, 2015, the Planning and Building Departmean received your appeal of the Planning C01-nmission'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 detaled presentation with Powerpoirit please contact staff prior to the meeting to make arrangements Also, 1 you have handouts of presei ntation material_ please make sure you have sufficient cootes for ail in attendance If you should have any questions or concerns regarding the processirg of your application, please feel free to contact rre at (714) 536-5596 or iiarres;c)surfcity-hb org Sincerely, J ne Ja s Planning Manager copy Property Owner, 17511 Griffin lane, #6 Huntington Beach, CA 92647 Sheren Truong, Med-Aid HB 17511 Griffin Lane#6, Huntnngton Beach, CA 92647 Nhu Truong, IV ed-Aid HB, 17511 vriifin Lane#6, Huntington Boa&, CA 92647 Cristian Fairsno, Peiranc and Associates, 1666 North MaF;, 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 2015137 17511 Griffin#6 NOF CC 101915 2 - m == 4 Citvof Huntin ton poach - 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. 2015-137—APPEAL OF DIRECTOR'S DECISION (17511 GRIFFIN LANE,#6 ) APPLICANT Medical Aid Program d o a Med-Aid H-3 — 17511 Griffin Lane #6, Huntington Beach, CA 92647 PROPERTY OWNER 17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17511 Griffin Lane, #6, 92647 (west side of Griffin Lane, south side of Slater Avenue) Dear Applicant NOTICE IS (HEREBY GLEN that on September 11, 2015, the Planning and Building Departmvrt received your appeal of the Planning CcrYimzssion'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 yip to the pre-set amount of time of six minutes If you would like to make a deta0ed presentation with PowerFoirit please contact staff prior to the meeting to make arrangement's Also, t you have handouts or presentation materials please make sure you have sufficient comes for ail it i attendance If you should have any questions or concerns regarding the processirg of your application, please `eel free to contact me at (714) 536-55396 or jiarres r surfcity-hb org Sincerely, J ne Ja s Planning Manager copy Property Owner, 17511 Griffin Lane, #6 Huntington Beach, CA 92647 Sheren Traeng, Med-Aid HB 17511 Griffin Lane#6, hLVITington Beach, CA 92647 Nhu Truo,,g, Med-Aid HB, 1751 1 Griffin Lane#6, Huntington Beach, C.A 92647 Cnstian f=axaro, Peiranc and AC-sociates, 1566 North Ma �� 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 2015137 17511 Griffin#6 NOF CC 101915 2 City of Huntington ijeach =F 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. 2015-137—APPEAL OF DIRECTOR'S DECISION (17511 GRIFFIN LANE,#6 ) APPLICANT Medical Aid Program d 1) a Med-Aid 1-13 - 17511 Griffin Lane #6, Huntington Beach, GA 92647 PROPERTY OWNER 17511 Griffin Lane, #6, Huntington Beach, CA 92647 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17511 Griffin Lame, #6 92647 (west side of Griffin Lane, south side of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Departm--r received your appeal of the Planning Cc.mm:ssicn's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6.00 PM in the Citj Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will Mold 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 p,esentaticn with Powerpoirit please contact staff prior to the meeting to make arrangement's Also, f you have handouts of prese^tation materials please make sure you have sufficient conies for ail in attendance If you should have any questions or concerns regarding the processing of your application, please `eel free to contact me at (714) 536-5596 or 1Iames,1Qsurfcity-hb org Sincerely, Ie Ja s Planning Manager copy Property Owner, 17511 Griffin Lane, #6 Huntington Beach, CA 92647 Sheren T riaong, Med-Aid HB 17511 Griffin Lane#6 HU ington Beach, CA 92647 Nhu Truong, Med-Aid HB, 17511 Griffin Lane#6, Huntington B�;a&, CA 92547 Cristian Fa;rano, Peiranc and ASSociates, 1566 Forth Ma-n 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 2015137 17511 Griffin#6 NOF CC 101915 2 NOTICE OF APPEAL TO PLANNING COMMISSION ACTION OF August 25,2015 (Date of Planning Commission Action) TO Planning Dept (2 copies) DATE September 11, 2015 City Attorney (1 copy) FILED BY Medical Aid Program d b a Med-Aid HB 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 2015-137—Medical Marijuana Dispensary at 17511 Griffin Lane#6 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 4 CASH RECEIPT CITY OF HUNTINGTON BEACH P O BOX 711 s t,;909 e HUNTINGTON BEACH, CALIFORNIA 92648-0711 www huntingtonbeachca gov/payments G , DATE 1/—/✓ Issuing Dept Dept Phone# 2 1// FUNDS RECEIVED FROM � e,11-4.&/7 CJ� �l :5 /" T ADDRESS �o� , ��1�C�l�A Gam - l�O Phone# FORfulj71 t2 C z- AMOUNT RECEIVED Cash Check# O &edit Card Q® y _:;—1 1=i _ _{ y '� Prepared Received Finance By By Approval IF OBJECT= 50000 THRU 90000, FINANCE APPROVAL REQUIRED Approval Date Business Unit Object Subs Sub-Ledger, Type 5: r- -- rl-ea r_, --- -- -- --- - - -- - - __—— ——— — — —— —— _ _ _—— — e--, Tc ti-�Ir --r,i—l=1s� +--.. ———— ———— — ———— — — —— — ————— — TOTAL $ 3 9C13 L�L1 Stamped Validation Only Please do not write in the box below CUSTOMER COPY 1 JOINT NOTICE OF APPEAL OF E I E D ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED IS15TAFt MATW08E 26,2015 2 1 CITY CLERK 3 CITY OF TO CITY OF HUNTINGTON BEACH CITY CLV1RRq W1ffi6 IL 4 FROM- APPLICANT, Medical Aid Program d b a Med-Aid HB 5 C/O &to the Attention of Cristian L Peirano, Esq of Peirano & Associates, Inc 1666 North Main Street, Suite 350 6 Santa Ana, CA 92701 7 Date September 11, 2015 8 RE Appeal of City of Huntington Beach, Finance Director, Lori Ann Farrell & Director of Planning & Building, Scott Ness's denial of business license 9 application certificate of occupancy to operate medical marijuana dispensary rendered on June 26, 2015 and Mailed Successfully on July 7,2015. 10 Pursuant to the Honorable Judge, Andrew P Bank's court order dated September 3, 2015, the 11 12 City Council is ordered to hear Sheren Truong's and Med-Aid's appeal of the Finance Director's denial 13 Med-Aid's business license application and the Planning & Building Director's June 26, 2015 letter of 14 denial 15 Accordingly, Sheren Truong on behalf of Medical Aid Program d b a Med-Aid HB demand by 16 way of this appeal that the City of Huntington Beach issue Medical Aid Program d b a Med-Aid HB a 17 1 business license along with all applicable permits in order to operate medical marijuana dispensary at 18 the location commonly known as 17511 Griffin Lane# 6, Huntington Beach, CA 92647 for the 19 20 following reasons Appellate demands pertaining to Finance Director, Lori Ann Farrell's decision: 21 ISSUE NO. 1: The City of Huntington Beach's denial of business license application based o 22 HBZSO section 204 18 is not valid as the underlying Ordinance No 4059 used to pass 2014 18 is void 23 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' 24 Ordinance No 3700 25 ISSUE NO. 2: Med-Aid, prior to operating, attempted to apply for business license, but was 26 27 wrongfully denied its due process rights to submit its business license application because of the City' 28 mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from operating in the zone where Med-Aid operated out xk- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATEDIJUNE 26,2015 r � I ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 2 decision was defective in that HBMC section 5 08.310 clearly states that an applicant aggrieved by an 3 decision of the Finance Director 5 04 through 5 16 may file an appeal with the City Clerk within 15 day 4 of the date of mailing and that such appeals be filed with the City Clerk and not the Director of Building 5 6 and Planning as incorrectly being tasked with the appeal The notice of decision, however, states that the 7 appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days i 8 which to do so and according to the telephonic confirmation no submission is allowed by mail when al 9 others are allowed to do so 10 Appellate demands pertaining to Planning& Building Director, Scott Hess' decision: 11 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 12 decision to deny Med-Aid's certificate of occupancy be declared null and void as a result of the 13 14 Director's solicitation of application and the processing of the application without payment of fees firs 15 for the application 16 ISSUE NO. 2: That the City Council find and determine that the hearing conducted by the City 17 Planning Commission be declared null and void and without effect as a result of it hearing an appeal that 18 was intended and paid for the purpose of being heard before the City Council and not the Planning 19 Commission 20 ISSUE NO. 3: That the City Council find and determine that the fees paid by appellee for the 21 22 appeal to the City Council be refunded to the Med-Aid and declared to have been misappropriated b 23 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordered 24 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept 25 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 26 demand that you do so and take into consideration the Court's statements that the retail sale of medical 27 marijuana does in fact constitute commerce Secondly, we demand, that the council in reaching it 28 decision do so considering the laws in place at the time when appellant attempted to seek a busines JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i 1 license in the first place and not under the changes that the City has attempted to in place, after May 4, 2 2015 3 That's just — under these facts, doesn't fly. Because I got news for the city. 4 Medical marijuana is merchandise. Under the clear, commonly understood definition of what merchandise is, it's some product that is for sale, some thing or 5 product, but a person who is in the business of selling it. [See Exhibit 1 Court Transcript Statements by the Honorable Judge Andrew P Banks] 6 ARGUMENT 7 I. The City of Huntington Beach's denial of business license application based on g 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 9 section 65858(e) as it duplicated the City's Ordinance No. 3700 10 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 11 business license application its application for business license was denied because 12 Earlier this year, the City passed an ordinance that expressly prohibits the 13 establishment of Medical Marijuana Dispensaries or related businesses in Huntington 14 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 15 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 16 zoning laws (HBZSO Sections 204 02, 2014 10, 21104, and 215 04) 17 See Exhibit"2" City of Huntington Beach June 26, 2015, denial of business license application 18 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 19 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858, ET. SEQ. 20 The City's June 26, 2015, denial of business license application by Med-Aid makes it clear tha 21 the City thinks that it passed Ordinance 4059 on May 4, 2015 Passage of an urgency ordinance, such a 22 this one, is subject to particular procedures that must be followed by the City adopting a zoning 23 ordinance However• 24 Without following the procedures otherwise required prior to the adoption of a 25 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 26 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 27 study within a reasonable time. 28 California Government Code section 65858(a) [Exhibit 3] -3- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I While enacting Ordinance 4059, the City invoked this provision "Pursuant to Governmerit Cod 2 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 3 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 4 health, safety, or welfare " 5 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 6 dispensaries. 7 The ability to simply bypass procedures based upon the willingness of a city council to make 8 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 9 approval of additional subdivisions, use permits, variances, building permits, or any other applicable 10 entitlement for use which is required in order to comply with a zoning ordinance would result in that 11 threat to public health, safety, or welfare" (Gov Code § 65858(c)) would seem ripe for abuse, and the 12 City does just that Fortunately, subdivision(e) steps in to prevent the City's abuse- 13 When an interim ordinance has been adopted, every subsequent ordinance 14 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 15 termination of the first interim ordinance or any extension of the ordinance as provided in this section 16 California Government Code section 65858(e) (Emphasis added) [Exhibit 3] 17 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 18 marijuana dispensaries " No two interim ordinances can address the same subject on the same land for 19 the same reason and purpose 20 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 21 The City admits there was a previous moratorium in the new interim ordinance. "The City o 22 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries." In fact, 23 the City adopted it on February 22, 2005 24 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 25 3700 —"An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marihuana Dispensaries" with specific findings regarding the detriment to 26 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 27 moratorium The motion carried by the following roll call vote. AYES Hansen, Coerper, Sullivan, Hardy, Green, Bohr 28 NOES: Cook ABSENT None -4- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i I City Council Minutes, February 22, 2005 2 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant to 3 California Government Code Section 65858(a) this interim ordinance shall become effective 4 immediately." (Ordinance 3700, § 4 ) Including the amendment to cut the effective period down to 3 5 days, the moratorium expired on March 25, 2005 and can not be re-enacted ten years later pursuant 6 to Government Code section 65858, subdivision (e) As a result, the current state of the law in the City 7 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 8 medical marijuana dispensaries 9 II. Sheren Truong prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license application 10 because of the City's mistaken belief that its municipal code sections prohibited 11 medical marijuana dispensaries from operating in the zone where the dispensary was located. 12 13 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 14 its business licenses 15 "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 16 requirement, not a permit to conduct, manage or carry on any business activity within this 17 City (838-6/61)" 18 HBMC section 5 04.090 License not a permit [Exhibit 4] 19 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 20 and is not intended for regulation (766-7/60) 21 HBMC section 5 04 020 Purpose [Exhibit 5] 22 According to the City's own pamphlets available on line as of the date of this appeal states the 23 following 24 A City of Huntington Beach business license is not a regulatory license but is a 25 tax to help pay for the public safety needs of the people of Huntington Beach 26 About Business Licenses, City of Huntington Beach's website <http //www huntingtonbeachca gov/ 27 files/users/finance/How—to—do—bus—flyer pdf[Exhibit 6] 28 -5- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I Medical Aid Program's property falls under the City's industrial use classification as Custom 2 Industry "A. Industry, Custom Establishments primarily engaged in on-site production of goods b 3 hand manufacturing involving the use of hand tools and small-scale equipment" HBMC Zoning 204 12 4 Not only that but because medical marijuana dispensaries may only sell medical marijuana to its 5 members then the property can also simultaneously qualify for classification as a club or lodge under 6 Huntington Beach Zoning Subdivisions & Ordinances section 204 08 Public and Semipublic Use 7 Classification 8 Now under the City's land use laws a property classified as Custom Industry can perform retail 9 sales of goods such as medical marijuana 10 211 04 CO, CG, and CV Districts—Land Use Controls In the following schedules, letter designations are used as follows 11 "P" designates use classifications permitted in commercial districts 12 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow 13 [***] 14 Use classifications that are not listed are prohibited Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 15 elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use ',classifications under 16 the heading 17 CO, CG, and CV Districts. Land Use Controls P = Permitted 18 [***] Co CG [Commercial CV Additional 19 General] Provisions [*** ***] [***] [***] [***] 20 Industrial 21 Industry, - L-6 L-6 Custom 22 CO, CG, and CV Districts- Additional Provisions 23 [***] 24 L-6 Only "small-scale" facilities, as described in use classifications, are permitted 25 with a maximum of seven persons employed full time in processing or treating retails 26 products, limited to those sold on the premises 27 Huntington Beach Zoning Subdivisions & Ordinance section 211 04 28 -6- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I This is exactly what Medical Aid Program does, which is take the medical marijuana in its raw for 2 to process and treating it in preparation for its final sellable form either as a medical marijuana cigarette 3 or edible form. This is allowed in this zone for this property and for this purpose 4 The next question is what retails sales are allowed and what merchandise can be sold in the sector 5 where the Property is located? Those two questions are easily disposed of in the City's municipal cod 6 section that follows regarding the permitted use by Med Aid Program under HBMC 204 10Y 7 a. The retail sale of medical marijuana is provided for under the City of Huntington Beach 8 municipal code section under: 204.10Y states 9 Y Retail Sales The retail sale of merchandise not specifically listed under another use classification This classification includes department stores, drugstores,tores, clothing stores, 10 and furniture stores, and businesses retailing the following_goods toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and 11 equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and 12 wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation) 13 Hunting Beach Zoning & Subdivision and Ordinances section 204.10Y [Exhibit 8] 14 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 15 "Permissive," in circumstances such as this, means that if something is not specifically provided for o 16 allowed then it is not permitted and/or is prohibited 17 In this case, however, there are two reasons why this does not apply as a matter of fact and law The 18 first is the code section above, is a catchall provision providing for the right to sell merchandise "Retail 19 Sales The retail sale of merchandise not specifically listed under another use classification" Huntington 20 Beach Zoning & Subdivision Ordinances Section 204 10Y 21 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under a 22 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 23 under the permissive scheme Nothing which is done or maintained under express authority of a statute 24 can be deemed a nuisance California Civil Code section 3482 [Exhibit 9] 25 As a compliment to that section and in order to further understand the application of the language i 26 establishing that the City's laws do embrace medical marijuana dispensaries 27 21102 Commercial Districts Established 28 The purpose of the commercial districts is to implement the General Plan and Local , Coastal Program commercial land use designations Three commercial zoning districts � JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I r ) 2 B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach 3 Huntington Beach Zoning & Subdivision Ordinance section 21102 [Exhibit 10] 4 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 5 within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 6 clear through its use of the terms "full range of retail businesses" meaning the complete spectrum o 7 retail businesses without any further qualification whatsoever. 8 This section does not say "a moderate range of retail businesses", "some retails business", o 9 "everything except medical marijuana." The City could have, but it did not Clearly, persons, such a 10 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 11 City of Huntington Beach 12 The second reason why the principal of permissive code interpretation is inapplicable in this case 13 comes by way of Art I , Sec 's 1 & 26 of the California State Constitution. It mandates that the right 14 involved with medical marijuana deal with certain inalienable rights 15 "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 16 property, and pursuing and obtaining safety, happiness, and privacy " 17 18 California Constitution, Article 1, Section 1. [Exhibit I I] Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 19 20 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or better 21 tolerated through the use of medical marijuana It also involves the right to be safe from chronic pain o 22 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 23 through the use of medical marijuana 24 The right to medical marijuana however, is not an absolute or an unfettered right The right t 25 medical marijuana is subject to proscription under the language provided for under California 26 Constitution Art I Sec 3(b)(4) that guarantees and mandates that if such a right is to be limited o 27 denied that such limitation or prohibition must be achieved through due process of law and under equal protection of law In order to meet this mandate, those like the City seeking to limit or take away an 28 person's rights to medical marijuana, must do so through express words. JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 ' t 1 "The provisions of this Constitution are mandatory and prohibitory, unless by express 2 words they are declared to be otherwise " 3 California Constitution, Article 1, Section 26 [Exhibit 12] 4 The reality is that this property falls squarely within the classification of light industrial located a 5 the address commonly known as 17 511 Griffin Ln ,#6, Huntington Beach, CA 92647 6 According to the key provided by the City's own laws, under 21104 provides retail sales and light 7 8 industrial area where the subject property is located Commercial businesses qualified by the designation 9 L-6, Which according to the City's code key involving additional provisions for "L-6 only small-scale 10 facilities as described in use classifications, is permitted with a maximum of seven such person 11 employed full-time and processing or treating retail products, limited to those sold on the premises ' 12 [Huntington Beach Municipal Code section 211 04] limited industrial encompasses- 13 Manufacturing the finish parts or products, primarily from previously prepared 14 materials, and provisions of industrial services, both within and close building. This classification includes processing, fabrication, Assembly, treatment, and packaging, but 15 excludes basic industrial processing from Ron materials and vehicle/equipment services, 16 but does allow food processing for human consumption 17 HBZSO section 204 12C 18 Med-Aid processes medical marijuana from the stem of the plant and breaking it down and 19 processing it by removing stems and leaves down to the actual usable component to be placed 20 within rolling papers for his final assembly as a medical marijuana cigarette to the end-user, 1 e , 21 patients by way of retail sales This is clearly provided for and stated under section 21104 which 22 permits retail sales in general commercial zones 23 24 Therefore what retail sales are allowed in general commercial zones use classifications which 25 states full. 26 retail sale of merchandise not specifically listed under another use classification. 27 This classification includes drugstores, and businesses retailing the following goods 28 handcrafted items, medical supplies, " JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I HBZSO section 204 10Y 2 Appellate demands pertaining to Planning & Building Director, Scott Hess' decision: 3 At the time appellee went down to the City to submit the business license application, the 4 counter personnel at the Finance Department asked for the certificate of occupancy form, which appellee 5 6 obliged There was no expectation that the certificate of occupancy would be acted upon at the time 7 given that the Court's order allowing medical marijuana dispensaries to submit business license g applications was based in large part on Defendant's California Code of Civil Procedure section 526a tax 9 payer action That action claims that by the City wrongfully refusing business license applications an 10 corresponding fees that the failure constituted waste 11 Therefore, at the time when the certificate of occupancy form was asked for by the City, there 12 was no expectation that it would be acted upon until after the Finance Department approved the license 13 14 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court had 15 declared that not accepting the application and not accepting the fees would be waste 16 Nevertheless, much to the surprise of all of the medical marijuana dispensaries that applied for a 17 business license pursuant to the Court's May 29, 2015 preliminary injunction against the City the 18 response to the application carried with it an unexpected surprise a joint letter of denial The joint denial 19 was from the City Finance Director, Lori Ann Farrell, but also a Planning &Building Director, Scott 20 Hess for the certificate of occupancy application that the Finance Department received without payment 21 22 of any fees 23 The letter summarily determined that appellee could only appeal the decision to the City's 24 Planning Commission and only appeal the Planning and Building Director's'decision and not the 25 Finance Director's decision This was strange as no fees were paid for the processing of a certificate of 26 occupancy so no decision should have been rendered 27 All persons submitting applications for any permits, certificates, development 28 agreements, map approvals, or zoning map or text amendments, or any other approvals as required by this ordinance code, or filing afeals, shall pay all fees and/or deposits as JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I provided by the City Council's resolution or resolutions establishing applicable fees and charges. 2 Huntington Beach Zoning & Subdivisions Ordinances section 240 06 Fees & Deposits [Exhibit 14] 3 The mandate that the certificate of occupancy be paid for is absolute, no discretion, because 4 1 "shall" is the utmost and strongest form of command. No fees were paid and therefore no processing o 5 6 the application should have ever been made and therefore no need to appeal a decision that never should 7 have been made. g III. CONCLUSION 9 Now, before attempting to make a decision on this demand for an appeal joint letter of denial as 10 ordered by Honorable Judge Andrew P. Banks,we believe you should ask yourself the following 11 questions 12 1 Why did it have to take a court order for a preliminary injunction to get the City to accept 13 14 business license applications for medical marijuana dispensaries? [Voice Recording] [Exhibit 15] 15 2. What law, policy, regulation or custom and practice did the City have in place that allowed 16 City employees to know that they could refuse to provide a business license application to? 17 3 What law, policy, regulation or custom and practice did the city have in place that allowed 18 City employees to determine on their own what class of persons that they could summarily reject at the 19 counter and refuse to accept business license applications and fees from? 20 4. What law, policy, regulation or custom and practice did the city have in place that allowed 21 22 City employees to direct all medical marijuana dispensaries to go the City attorney's office if they 23 should want to apply for a business license? 24 5 What law, policy, regulation or custom and practice did the City have in place that allowed 25 City to issue a written statement to every applicant seeking a business license application for medical 26 marijuana dispensary"that it is futile"to attempt to procure a business license in the City of Huntington 27 Beach? [Exhibit 16] 28 6 Under whose direction did the City's Plarjqmg and Building Director, Scott Hess, decide that JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i Y I he would provide declarations under oath in support of the City's lawsuits against medical marijuana 2 dispensaries falsely claiming that no policy decision of his was ever successfully appealed that he later 3 admitted he never gave? [Exhibit 17] 4 7. Why has the City attorney chosen to represent to the Courts that the City can regulate through 5 6 its business licenses when its own laws and statements to the public clearly establish that it cannot? 7 [Exhibit 18 statue & online pamphlet] g 8 Why has the City Attorney represented that the First Step in getting a business license is to go 9 to the Planning and Building department when the City's own diagram with instructions on its web page 10 clearly showed that the "first step"was to go to the Finance Department on the First Floor? [Process] 11 [Exhibit 19] 12 9 Who decided overnight, on May 2, 2015, to change the diagram establishing that the first step 13 14 ingetting a business license was to go to the Finance Department to the "first step" in getting a business 15 license was to go to the Planning &Building Department? [Exhibit 20] 16 10 Under whose direction did the City's Fiscal Services Manager, James Sloboj an, decide that 17 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 18 dispensaries claiming that he had checked the City's records and that he could find no application for 19 business license when the City had a custom and practice in place of not accepting nor cataloging any 20 business license application from any medical marijuana dispensary? [Exhibit 21] 21 22 11. Under what authority was the Planning& Building Director, Scott Hess, acting under when 23 he decided to process without payment a certificate of occupancy? 24 12 Under what authority was the Planning &Building Director, Scott Hess, acting under when 25 he decided that he would take Med-Aid's July 17, 2015, Demand for Appeal of Denial of Business 26 License by Director of Finance and commandeer it to be heard by the City Planning commission and not 27 the City Council as it should have in the first place? The Court, on September 3, 2015, in this case had t 28 order the City Council to hear this appeal because NI.-Hess and the City Attorney refused to allow,the JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I appeal and make its way to you as it should have 2 13 Under what authority was the Planning & Building Director, Scott Hess, acting under when 3 he decided that he would take Med-Aid's $449 00 payment for the appeal of the Finance Director's 4 � decision and use it for an appeal of his decision which Med-Aid was not appealing9 Payment was made 5 6 under"protest" further reinforcing the fact that Mr Hess misappropriated City money [Exhibit 22] 7 14 What law, policy, regulation or custom and practice did the City have in place that allowed g the City Clerk to refuse to accept Med-Aid's appeal (as well as all other medical marijuana dispensary 9 clients' appeals) when she is mandated to accept its appeal under HBMC § 5 08 310 10 15 What law,policy, regulation or custom and practice did the City have in place that allowed 11 its City Clerk to refuse to accept Med-Aid's fees for an appeal (as well as all other medical marijuana 12 dispensary clients' appeals) that she is mandated to accept payment for under HBMC § 5 08 310 13 14 16 Up until the filing of the instant action why did the City have a Custom & Practice of falsely 15 accusing each and every single medical marijuana dispensary defendant of selling medical marijuana to 16 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that 17 no such event had occurred9 We provide you with the letter retracting the false allegation from not only 18 the complaint in the case involving Med-Aid but also Med-Aid. [Exhibit 23], 19 17 Why is the City now claiming in its complaint that Med-Aid made illegal alterations to the 20 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 21 22 had found no such violations even when he accompanied the Fire Department on February 24, 20149 23 [Exhibit 241 24 18 Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 25 marijuana dispensary applications for business license without crossing off the personal information 26 containing social security numbers, birth dates, and tax identification numbers9 Why did none of the 27 other attachments on the City's Planning Commission's agenda carry the same mistake for non- 28 dispensary applicants9 -13- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i 1 19. Why did the City fall in its fiduciary duty to disclose to the dispensary appellees that their 2 information had been leaked? 3 20 Why did the City's Finance Director who was mandated by the Honorable Judge Andrew P 4 Banks May 29, 2015, preliminary injunction to review and make a determination on appellee's business 5 6 license application not make the decision herself, as revealed at the Planning Commission August 25 7 2015 hearing by Mr Hess' own staff members g 21 Why did the Directors of Finance and Planning and Building provide ajomt rejection? 9 All these questions, when considering the gravity of the circumstances, paint a picture of the City 10 at its worst, actions speak louder than words Therefore, you have a choice to make. One, respect the 11 rights of all people under your stewardship or frustrate the rights of those you don't agree with—simpl 12 because you can 13 14 i 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i -14- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I i I EXHIBIT NO. 1 1 ' 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 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 1 10 1 ARGUMENT. I 'M NOT RULING BECAUSE THAT -- I DON'T GET 2 THAT FAR, BUT IT' S ONLY BECAUSE THE PLAINTIFIF 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 ITO 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 I EXHIBIT NO. 2 EXHIBIT NO. 3 i i 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 j 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 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). I (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. �I I I EXHIBIT NO. 4 I 04 090 License Not a Permit 9/11/15, 11 31 AM Huntington Beach Chafter and Co es Up Previous Next mahl Search P r1rut NO Frailrtw ' 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 i i tp//www gcode us/codes/huntingtonbeach/view php?topic=municipal code-5-5 04-5_04_090&frames=on Page 1 of 1 I i EXHIBIT NO. 5 04 020 Purpose I 9/11/15, 11 31 AM �.i ntinglona Seaga Charter andE Codes UP Previous Next Main Search Print. NO Fraxt;, S 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 tp//www gcode us/codes/huntingtonbeach/view php?topic=municipal code-5-5_04-5_04_020&frames=on Page 1 of 1 i EXHIBIT NO. 6 BOUT BUSINESS LICENSES... iP • e • 0 - . elcome to the City of Huntington Beach business mrnunity This information guide is intended as a ONE mmary of information you will need to know in You can obtain an application from City Hall, or /$„ Certificate of Occupancy — required by t fer too Huntington Beach download one from our website at operate a business in � Planning and Building Dept for businesses it jis guide is provided as a public service It is not www huntin tonbeachca ov Look under the g p Finance Dept for Business License Complete the commercial or industrial location Call (71 -inclusive and any specific questions should be 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, 2000 Main Street or mail it to Business License, Hall ind in Clarification and definition can also e, P C Box 190, Huntington Beach,CA 92648 If you /l Fictitious 'Name (dba) — must be filed if y and in the Huntington Beach Municipal Code, le 5 City of Hunblinigton Beach business are in a commercial location in the city, you may choose a business name that does not inclu arise is not a u a o license need to fill out an application for a Certificate of your own last name Contact the Cour pay r e public safe needs of the people Occupancy for the Planning and Building Clerk's office at (714) 834-2889, go online untington Beach Department, who can be reached at (714) 536- http 11www oc ca ovlrecorder or contact yc 5271 local newspaper office -,ds . is . Much - ! /b Special Permits— required by the Police D€ Who Nfor certain types of business activities Sor ,e City of Huntington Beach Municipal Code The business license cost is based on a flat tax examples are firearm dealers, pawnbroke quires 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 ►hers, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, Seller's Permit (Resale #) — required by t motion upon notification to Business License and $41 60 Additional amounts added are as follows roval by the City Planning and Budding State Board of Equalization if you s pprovpart rient All businesses, trades, professions, Additional Employees 4- 12 $4 00 each merchandise Call (949) 440-3473 or vi Ilings, or occupations operating in the City need 13 5 52 $3 00 each www boe ca ciov 52 $2 00 each Am Health Permit — re uired for food handlir Business License These include but are not q irted 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 433-6000ct O.0 Environmental Health location. Over 3 tons $46 00 each ( ) Persons who have a home office or use their Home-based businesses are required to pay a one- A' Federal Tax ID # -- required if you ha home as the headquarters of their business tame 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 ifs gov but transact business in the city such as Some business licenses are calculated differently - a artment-rental, hotels,carnivals,special events, Worker s - Compensation Insurance contractors, cleaners, repair people, gardening ( p required if you have employees Contact yc services, fumigators,telemarketers etc vending machines, out of town contractors, pool local insurance agent, state fund or vi halls). Call (714) 536-5267 for these licenses Independent contractors such as doctors, www dir ca ovtworkers' comR html real estate brokers, hairdressers, janitorial A Liquor License — required by the State De contractors,and home party demonstrators Mis M- MM . - . - - . . • of Alcoholic Beverage Control if you sell Apartment owners of three or more units A business license may be issued at City Hall——de serve alcohol Contact(714) 558-4101 or vi Mobile Vendors who sell merchandise from o_y u wait Your Opp i complete and www abc ca caov 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 Sellers 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 _ . . . . How to Obtain a hat if I Don'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 www huntingtonbeachea ciovldepartments/ED Iministrative Citations it is a misdemeanor to )late the City Business License ordinances 'i®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 Huntington untie ton Beach ,s, all business licenses must be posted in public #100, Huntington Beach (714)536-8888 .w at the fixed location of the business For I W U S Small Business Administration - provides )se businesses without a fixed location, the financial assistance programs, guide to sponsible party must carry the business license resources and workshops (714) 550-7420 or th them while conducting business in Huntington www sba gov -ach = _ 33®1 S C O R E Service Corps of Retired rw 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 om to However, you are responsible for renewing ill California Permit Assistance Center ur Iicense whether or not the renewal notice is ;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 iRl Small Business Comer - helpful information Cations may also be issued about taxes from the IRS www irs gov m Moving to a New Location In the City. 71-91 Small Business Development Center - City of Huntington Beach :ase notify us of your new address, phone provides Help to small businesses through tuber, and any other changes to your business 1-on-1 counseling, workshops and education Business License 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 rs:u are moving to a new commercial location, you Additional i . _ 1st IFloOr I need to apply for a new Certificate of Huntington Beach )cupancy Better Business Bureau (714) 985-8915 Building Permits _ ,(714 536-5241 C'� 9264$ hat If I Stop'Doing Business or Move Away? g ) _ _ _ - - — --- -t us know in Vuntirig 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 Else? Contractors State License Board (800)321-2752 isiness Licenses are not transferable from one Hours: 8:00 aria - 5:00 m finer to another The new owner must apply fora Employment Development Dept. .(8$8)745-388£ P siness license in their name Franchise Tax Board (800) 852-6711 Monday t o Friday here Do I Find You? Office of Secretary of State (916)653-3794 wwwhuntingtonbgachca.gov e are located at 2000 Main St on the comer of Sign Permits (714)536-5271 irktown and Main, in the Civic Center on the 1st State Compensation Ins Fund (714)565-5000 busines .license surfcit -hb or or Enter the main Administration Building and low the signs to the Business License counter Zoning Department (714) 536-5271 EXHIBIT NO. 7 11 04 CO,CG,and CV Districts—Land Use Controls 1 9/11/1�5, 11 36 AM H niin ton Reach, Ch:aI<terr and Codes up Previous Next Main Search Print t WO era°�axua 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 I"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, i "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls rmi Pe tted 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 AAdditional 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 - p//www gcode us/codes/huntingtonbeach/view p hp?topic=zomng_code-21-211-211_04&f ram es=on Page 1 of 7 i � I 11 04 CO,CG, and CV Districts—land Use Controls 9/11/15, 11 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 i 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(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 Building Materials and Services - P - I i I tp//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/Dancmg 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 i Up//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211 04&frames=on Page 3 of 7 11 04 CO, CG, and CV Districts—Land Use Controls 9/11/15, 11 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 - 1(I)(J) Residential Hotel - PC - (� 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 ttp//www gcode us/codes/huntingtonbeach/view php7topic=zoning_code-21-211-211_04&frames=on Page 4 of 7 i 11 04 CO,CG, and CV Districts—Land Use Controls 9/11/15, 11 35 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 velucle 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'luse 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 241.20, Temporary Use Permits. (G) See Chapter 236,Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dancing Halls; Chapter 5.44,Restaurants- Amusement and Entertainment Premises; and Chapter 5 70, Adult Entertainment Businesses. (I) 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 tp//www gcode us/codes/huntingtonbeach/view php7topic=zoning code-21-211-211 04&frames=on Page 5 of 7 11 04 CO,CG, and CV Districts—Land Use Controls 9/11/15, 11 36 AM i 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. j (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 to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement (0) See Section 230 46, Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e g., increased noise, traffic) (R) Projects within 500 feet of a PS District; see Chapter 244 (S) See Section 230.48, Equestrian Centers. (T) See Section 230.50, Indoor Swap Meets/Flea Markets. (U) See Section 230.94, Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-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. ttp//www gcode us/codes/huntingtonbeach/view php7topic=zoning code-21-211-211 04&frames=on Page 6 of 7 11 04 CO, CG, and CV Districts—Land Use Controls 9/11/15, 11 36 AM I (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 I i I I tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_c ode-21-211-211_04&frames=on Page 7 of 7 1 EXHIBIT NO. 8 i )4 10 Commercial Use Classifications 9/11/15, 11 38 AM Al,u briggbjn Beach. Ou—_irter,�ind Cedes Up Previous Next maill Seardo prrlv1t No Frat>rrries 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 Hos ip tals. Establishments where small animals receive medical and surgical treatment This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals, Retail Sales. Retail sales and boarding of small animals,provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5 E Westrian 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.) tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204-10&frames=on Page 1 of 5 I X 10 Commercial Use Classifications 9/11/16, 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 caf6 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 itp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 2 of 6 )4 10 Commercial Use Classifications 9/11/15, 11 38 AM services or pleasure boating. Typical uses include chandleries, 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 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 nis.etailSales. The retail sale of merchandise not specifically listed under another use classification This ication 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/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. FF. Vehicle/Equipment Sales and Services. tp//www gcode us/codes/huntingtonbeach/view php?topw=zoning_code-20-204-204_10&frames=on Page 3 of 5 i 34 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-EagLihily. 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 Reluir. 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. Vehi 1 E uipment 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. 1 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 tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 4 of 5 )4 10 Commercial Use Classifications 9/11/15, 11 38 AM buildings where these goods are not produced on the site but are offered to the public for sale. 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, 3842-11/09) View the mobile version tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204-10&frames=on Page 5 of 5 i I I , I j EXHIBIT" NO. 9 i California Civil Code section 3482 . Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. ; i I � i i EXHIBIT NO. 10 11 02 Commercial Districts Established 9/11/15, 11 39 AM fl,luait,i&7 �.�a`it e4acn Cdla teu- and cad"d-s Up pceviaus Next Main Search L;rira f���« T ii its tia 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, 4038-12/14) View the mobile version. i tp//wwwgcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_02&frames=on Page 1 of 1 i EXHIBIT NO. 11 i 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. i i I i EX HIBIT NO. 12 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. i i i f � EXHIBIT NO. 13 2.2 BUILDING USE REGULATIONS c)En*rkdnmerd Andioss 7 Comxare Uses — - Ihilnitwn Au Establishment gravid- a thcal+rs Definition all 6uisnesses selling Small scale kaarnacies + For the purposes tithes Plan,all permitted and cnaditt:ooally perrautted building uses in trswircesa actmues for exercise, food and ,or providing cgnvc- Smelt scale ry or food sales • have Lech classified into Use T Each Use Type rs defined in text be3ow and relaxalton of ergaymcnt doer is at least nience 4 so serve nearby residenConvemence- Ypes 15,000 square feet m size and as a proven via ghbaaboods such as those listed 3latps • includes uses such as those listed in the accompanymg Use Chum The Use Charts g��of stpificard pedesman traffic Delicatessens,caks,bal rocs • triclude specific permitted,canditannal and prohibited uses for each Use Type and salesstach as those hm d Florists • Uses listedas pennrttvrl mike Development StandwdsChwcs are fixtherregulated _ sHhodware stores!lock&key rein • he and am defeated as uses permrned by right subject to approval of a Site Plan Ps Review Uses listed as condvtonuf in this sccuort arc defined as those which require Video rentals + spectal consideration either ofthear impacts on the neighborhood and land uses in the Baling A Drusidniq Fstabllslrrteafts Eating&drinking establishments • vicinity arWor of their physical organization and design A conditional use shall be Definitaon Restaurants,bars,clubs,or Full scr e ► wf less thain 12 seals considered for approval if the proposed use conforms with all requirements speeffied otlierdnnlanglentetatrmient emabhsb- wlOurdoor dining • --- —� in the conditional use policy,and if rt conforms with the goals and vision of the items Bch as those listed w/Liveentenairvnrnt c h etmraess Seeufeas { Pun wl Dancing c Definition Small to medium stet buai- Ba»k5 • € All permitted uses for a magic Center or Segnimr:tie allowed ether alone or sit wl Alcohol c nessm prondmg services to local biro- Mark l sb n smiees • combination with my other permitted uses asthma parcel Proposed uses that we not Vender cants,spaoes,or stands + nesses and residents such as those listed Office y • explicitly hstod in die Use Chans may be permitted if it tsdetermined by the Planning Adult enienatiuiieu facilities Photo ppying&printing • Director that the proposed rises meet the purpose and intent of the Phi Special Conditions for Sisriress.Services Finaricial services c Special Conditions Tor Eating 8c Drinking Establishments legend (1) Financial services shall be permitted in this category providing that they O _ NotPcriniried (1) VendtuCatrs,spaces,orstardswa<hm=l+epuhlicright of-wayslsallsrgwre are Offer services that cater to and generate pedesirm traffic Other G • included Use these uses are allowed right,subject to Site Plan Review a conditional use permit bJ' financial serviaes uses are to 6e considered under"3)Ciffice,"in this Conditional Use these rues requim a omclihmrel use pemmi They are allowed (2) Chauxand tables for outdoor dining shall bepeamntiedo n side walkswithin section c of they arc termed by the approving body to mac¢she purpose and ttitentofthe the setbacks zone and within the public nght-of-way provided that -- --- [7 Plan om - -- ad i (a)The use matntams a minimum five-foot wide unobstructed portion of 1)egMipo Q+ j — Definition Small la medium stud SaAier shops J hair&nml salons + m i 2 2 I USE TYPES sidewalk condor which is clear and unimpeded forpedestrtari traffic businesses i services to local ao ' providing Tannin salons&spas • ►� r} { _= - - -t... _ :,,. (b)The use keeps the full width of the budding entrance clear and households such as those listed Yak,&karate studios + v f IJ � �`- " -' - ._ "J�� , _ _ _ tanxitpeded for building access Z ` t) Gencrl Retad Requirements Dry clean estabiisiineenrs • a Self sernoc laundromass - (1) Mimmum mtenw height for ground level retail of all types is fourteen • pq I (14)feet from floor to ceiling Use conversions man existing building speclethy* needs& c l f may not be ramrod to aped this requirements°n ell Fr�lr'Ifexft Services • H iif Defiruhan.General rdail esub7eshments I&accesm stares • Definition Paovwon of insrucuonal Diver cdueatiat (2) Any uses featuring outdoor sales or outdoor storage not clearly ancillary selling quabty4mialtygoods such as gook stoves • services or faatittes Yoga,dance,mat"ails,or alter • luse sdaalk requre a Condteoa ml Use Pawn those'fluted Ann galleries • fitness sasdtos a Goods Aniehorx - - Large Scale Goods,goods that due ax madoets • Fine arts&craft, o Definduon A'7egionsl destunatiW D t scores • to their sat may require close access Second hand 1 antique stores G non-foodrdail store that is al lease General merchandise slues by cars and oracles such as appliances. Appliance&electronics stares • k $ewer Commercialr- - 30d)o0 square fact in sat and is a pray- Book sir • electronics,spiting goods,f imiture, S rig goods stores • Defninon gusmesses provudmg Ptumbun seances • en generator of significant pedemnan Electronics rstams + and home fiamshmgs Furniture&home furnishings + I services to industry,services that are ►pacumeleamr,seuing,and apple- ffi • lrae tad Saks su cb as those hired stases todustnal innattxe,as services that are awe c --— - -- - - - - - Quality have deparmsett - • - -- - -- - ! -list sinned iiiaa aut6"x med envuon- Gas awions c G - - mein such as those l tined a b Co -oriantoef &E ninept I Seale Ctxnmerettd Goods m ✓� Dcfinnion A"localdestlnagon'ean- S • Definition I Small scale movie theaters • pefimnan Businesses whose primary Warehouse retail • vrnacawc more that is at lean 15,000 g is Pond • resources a actermes faexercise, Bowling inters d billiard ois • activity is the sak or repair oflarge u retest • sqrare feet in seas and a a - - relsaanoe,or enjoyment such as those scale 1 commercial goods that are not Conunec ion supply • Prorett pharmacies&wnveruenee Health do exercise clt bs generator ofpedemnan traffic and sales • listed Amusement arcades * particularly wall sorted to pedestrian Restaurant sir • d such as those listed Community oriented anchors desuxis and that require close access by Auto fires • Q o can and trucks such as those listed gq over 63,OOft s f 28 84 li"We sAes- �CIAI,RETAIL CONFIGURATIONS 2 2.2 SPE Defirilion Busiriteists that sell any lMoior vehicle sales Dcfimuon Shod-term commercial lodg Bed&breakfast guest houses 1 . kind or motorized vehiclesuch as those mg[acihtic5 such as those listed Hostels lisied Hotels&mot.k Special Retail Configurations Irma Lie size ofindividual tenants and U total aincom 11 C lad prymiucd for Neighborhood Center and Comer Store retail"clusTcrs"as ty well as the provision of drive-Ifisough services Definition Services(includirg,achuca- Migmus asscmb!y tion and vullinos),uAtunal institutions, Baseball,lowball,soccer tennis Defiruitan A dwelling unit in which the ue-work urrt� L 6 occupant conducts a honic-based busi- '4 II and recreational facilities made avail- and others folds and courts • css of entewse 0 Where retail is permitted as pan ofa'Neighboill"Canter,Corner Store,or able to the general public for free or at a Conjunnty ranters * drive through it shall conform to the following sue and location requirements reasonable cost such as these listed EidtX0140118i facilities • i i) Special Conditions for Live-Work Indoor public rocreainon facilities a (L) Work activities that require hazardous assembly,imduding fabrication, a) Noghbi 0,*jd Libraries 0 mattufactunrig, repair, or processing operations such as welding and Ddrubon A retail cluster(two or more abutting retail establishments)consisting Extubition,coirvention,or canfer 0 woodworking or venues including the handling of animals shall require a of(permitted)convenience uses,small-scale gicipping,and personal services that cam centers Conditional Use Permit of goods and scmcca amcnitics to nearby restdcrittal neighborhoods City halls * 0 (2) The maximum number ofcmployces not including the owncr/occupant is Hmpnials c. lumtcd to two per unit.m P) Special Conditions for Neighborhood Serving Retail Courthouses (1) lamited to a maximum ofmo Community oriented anchors Museums (3) Once established,Live-Work may not be converted to a solely conimcircial resadrnual (2) Limited to a maximumof 75.000 square feet of tion-anchor retail Performing ens rMilities- "bumnessuse llov/C.VMLYV�-WorkuaitsFnayrcvcFtte solely use (3) Urnued to a isuoininum size of 5,OD0 square feet per Eating and Drinking 5 &u including stadiums; r er I sports learns establishments _Z4Z Pan Swimming is e a (4) Cu�tionad Use Permit Development including non-anchored retail uses Post offices l3finition All oivacir-and reutter-occupied dwelling units,including attached and ciccceding a total of 25,DDO square feet Transit facilities,wrmmals,& detached bouscs,multi-unit buildings,manufactured and mobile homes stations b) Carnir S16 1i Police 2112LIOnS&Firestations .1 m6m-faunft .'h Common tAbby IntiY Dwelling units arcessory Itim A small store of cluster of stores integrated into a larger building on Definition Buildings designed Lhecomrs-ofacitylilock Caner Stores consist of(pennitiod)convenience uses V -ze resiticacc for muhi Dwellingumis primary two or 0 small.scale shopping,and personal sca-vicca;that serve homes or businesses located dwelling"nits..accessed from a more households per Structure within my walk kng distance ple sohn where SOmc I a]Fralesaskincal Servkes common lobby entry or shared hallway Definition WoFkpl=uses including Research&dovictoprivent offices - i) Special Conditions for Corner-Stow Retail PMCMIML*dmalistrutive,research Pdacalmral a irsailutwal offices - b)Mulfl 4a�nlily with IndryidCout (1) A maximum sum of2,-'*D square feet per use and development firianicial,and edura• -pint&electronic media offices Definition Butldings designed as a Dwelling units,accessory I - (2) A maotinturn size of5 ODD&qwre feet total per chtst" tunialadmiticsfwbusinesses.irALvidiu- (newspaper magazine,radio, ats,and wiprofit organizations such as television) residence for mulliple households where Dwelling units,Primary,two or • all dwelling units have a dedicated mom households structure 3) Conditional Use Permit individual uses larger than 2,500 square feet those In" 1 ( provided that the use is unique and not already provided within one(1) foes sidewalk mile trade arcs=Professional,executive, (4) Comer Store Retail must be located on the coniff c trativc office_— • t t U Mixt1hed Slitictlai-Farially Homes entrance must face a public street,square w pU=space (- Z Definition Attached Dwelling units,accessory U) Puking spam intended for Comer Stow Uscs most be located an strects; 01T- so hu"W"On ,=h street parking is discouraged for comer store and"I require a conditiomil use d. bl Medkid Searykes parcels sharing cornintin walls Dwelling units.primary one • I a home reatunag an entrance accessed permit Definition Medical workplace uses and Medical&dental offices or fuilt- . I�unishold per amo establishments with employees with in I I dirocily from a public sidewalk _ -___'= > usc&cal licenses such as those listed Indoor witcrinary chin C)4-DM4,Th;11gh i- Act ncnire,parphysical therapy, • --1 Definition Service hurn a building to persons in vehides through an outdoor=vwe chuo ordlVeNichod W1 Psychiatric Definition A dolachedbaddingde- Dsvelling units,accessory 9 1 signed as a residence for Ono household Dwelling units,primary,one Martuaryse—ces housholds per structure 0 24 2.2.3 A,FFORbABLE HOUSING REQUIREMENT d) ethfiseelianeous Prov'rswns This section contains standard and guidelines to ensue that affordable housing is r) The conditions of approval for any project that requires affordable units shall provided throughout the Specific Plan area,aatsiswit with the City's Crerxral Plan specify the following menu HousingMemenr. (I) The number ofafftudableunits, 5 (2) The number of Limits at each income level as defined by the Cahfomta ��MRg!' 'arrs haler tom,ta3a� 3 a_sue .�'� - Health and Safety Code,and a) General (3) A Tryst of any other incentives offered by the Ctry This section shall apply to new residential projects throe(3)or more units W.erle n) An Affordable Housing Agreement oudmnng a➢ aspects of the affordable housing provisions shall be executed between the applicant and die City and b) `Requrrenteno(or some other q"roprWe fide) recorded with the Orange County Recorder's Office prior to issuance of the first budding permit For rental projects,the City Development.Agreement i) Aminirruim of 10percau of all new residential construction shall be affordable shall be used housing units,unless the project is within the redevelopment project area,in which case the equivalent of 15 percent of all new residontial constr,i,on shall ni)The Agreement shall specify an affordability term as specified by Section be affordable housing on" 230 26 of the Huntington Beach Zoning and Subdivision Ordinance a) A City l}evelopmcnt Agrecu ent shall be required for projects that mehtde iv) All affordable on-site units in aproject shall.be constructed eoncuirentlyxnth or rental units prior to the construction of the primary project units unless otherwise approved in)For safe WntiS included an the shall be made available to .r through a phasing plan Final approval(occupancy)of the first market rate residential units shall be contingent upon the completion and public availability, income households as defined by California Heahh and Safety Code Section or evidence of the applicant's reasonable progress towards attainment of 50093,or a successor statute completion,of the affordable units iv) Developers of resufential projects May elect opay a fee in lieu of providing the v) All affordable units shall be reasonably dispersed throughout the projcct units on-sate to fulfill the requirement of this section as allowed and pursuant unless otherwise designed through a master plan,shall contain on average the r� to the requirements of Section 230 26 of the Huntmgmo Beach Zoning and same number of bedrooms as the market rate Limits in the project and shall be L�Gp SabdiviponOrdsname comparable with the,market race,no its in terms of exterior appeamaince,Materials w v) Developers of residential projects may elect to provide the affordable units at and finished quality n an tiff--ante location If affordable routs are off-soc.they must be under the full vs)Ninv affordable units shall be occupied in the following mariner 0 control of the applicant,or other approved party and must be located within the & [leach Edinger C.asridors Spectfic Plan area boundary (1) If residential rental units am bemg demolished and the existing tanant(s) a in acts the eligibility requirements.hdshe shall be given the right of fast .4 vi) New residential projects shall include conswction of an entirely new project refusal to occupy the affordable units(s),or or new units added to an existing profit. For purposes of determining the required number of affordable housng units,only new units shall be counted (2) If there are no quahfiexl teeants,or if the qualified temam(s)chooses not to excieise the right of first refusal,or if no demeohtion nai of residen rental c) •t'Jjsite Co►astrare-sacra Af1�farda3le'l1►ufs , units occur,then qualified households or buyers will be selected. i) Except as may be required by Cahformit Government Code Section 65590 or a _ successor statue,developers may provide the required affordable housing off- e) Price ofA fordubk Units yt site,atom of several sites,within the Cory of Huntington Beach ui the Beach Affordable housing cost shall be calculated in accordance with ft Code Section DF,daigu Corridors$piecrfic Plan area. 50052 5 standards far ownership tints aid Code Section 50053 siendarrds for liana] C} u) O11-site projects may be new construction or substaTmal rehabilitation,as uutts defined by the Code Section33413 affordable houstngproduction requirements, - - ra_ of existing cow-restr� d uni ts conditioned upon being ruincted to long-term Reduced Fees or --r` —- a£ affordabihty "At Risk"units identifiedidentifiedinthe Housing Element or mobile f ordable Ho =.-- O hoaxes may be used to sabsfy this requiremi tit ]'injects that exceed rnclusonary rex}uueane uts on-site will to eligible for reduced ni City fees,pursuant to an Atfoidabk Housing Fee Reduction Ordinance,upou w ice) All affordable off-sue housing shell be obstructed or rehabilitated parr to adoption by the City Council. or concurrently with the primary project Final approval(occupancy)of the r' first narkei rate resedcnetal uuats shall be contingent upon the completion and De7r84 RanNS Incendm .. public availability,or evidence of the applicant's reasonable progress towards ma nimentof completica,or the affordable:uturs Projects that nice the affordability provismns of Section 23014 of the Huntington Beach Zoning and Subdivisnori Ordinance for density bonus shall be granted an Imincentrve(s)or concessions)pursuant to Section 230 14 30 This chapter sets forth definitions ofccerarn words or phrases used in this Code in Block Perimeter order to promote consistency and rmifarrnity at their usage,tberchy facilitating the The total length of the public ugh"f=way along all block faces interpretation of this Plan The meaning and construction ofwords and phrases w gri+rneway act forth in this chapter shall apply throughout the P$in unless the isnntext clearly A covered driveway or walkway penetrating a building to catutect to courtyards, rodicates otherwise Defntuoos conumed m the city's Municipal Code aha11 be parking areas,ora]"at the mtencir or rearof a parcel applicable except when in conflict with definitions contained in this chapter or elsewhere in this Code,m which Casa ibis Geode's definitions shall prevail Building Any structure having a roof supported by columas or walls for the housing or Accessary Building ' enclosure of persons,anunals,chattels,err propeiryof any kind A budding or structure which islocated on the same lot and customarily,incidental and subordinate to the Prrrnasy Budding or to the use of land such as a garage Building Composition Accessary buildingsrnay be freestanding and are not considered part ofthe Primary A building's spatial arrangement ofimsscs and arckitectuial elements in relation to Bui Wing Mass when attached to a Primary Budding]Typically accessory building each other and the bmlding ss a whole uses include vehicular parking,storage of lawn and garden equipment,storage Building otsposkbn of household Berns,play house or green house Accessory buddnngs may include- The placement and orientation ofa Melding or buildings on a parcel habitable area such as a home office,recreation room,guesthouse,or sleeping roorii(s) Bulidhng Envelope Tic maxsmimn space a building or buildings may occupy on a parcel Accessory D"elhag Unit A separate,detached,complete housekeeping tat it with kitchen,sleeping and full BriWing dleigstt bathroom facilities,located on the same parcel as Primary Building but subordinate Tbc vertical extent ofa building meamied in feet and stones not including a raised in Simbasement or a habitable aunt Attrve diving Spares_ Budding Orientatsoa Habitable spaces such as dicing ruorns,livingrooms,or bed mcmis thatacconimodare The direction that the primary building facade ofa building fans living activities Bundtisg,Placern tit Active hvmg spaces do not include kitchens,bathrooms,pantally submerged The location ofa building on a parcel basements,or utility spaces Bundangvolumt ABev fart or all ofa building's dine duncasaanal bulk Apubltcor private way hannginaltaoate width ofaat less than20fedpamanently Context reserved prntianly for vehicular service access to the tear or side of properties Physical surroundings,including a cornbinatioo of aMmoccouml,natural and civic otherwuc abutting on a street elements that establish a specific district,neighborhood,or block character Atky Setback Corridor The mclumed mmunum distance ham an W Icy's edge of paveracnt to any building The combination of all elements that characterize a roadway This consists of all Articalabon cements within the public right-of waylstrect(the vehicular reabn i thoroughfare The use of archrtwottral elements to create breaks in the horizontal and vertical and the pedestrian realm 1 public frontage)as well as each adjacent property's surfaces or masses ofbuikb ngs privatefmntage -•-- - - - - Base Corridor Centers and Segments A base treatment is a borimntal arueulanon of the lower pact of a budding faSadc's An area as defined in the Corridors Centers and Segments Map whose urban form design that semis to establish a human scale for pedestrian users and passers-by, has a unique character within ilia Plan Amer the range,of Corridors Genius and and aesthetically'era"a building to the ground 'Segments fortes the basic orgaumng principle for the:Plan's Duvelopmstiit Code Block. Corridor Centers and Sgatients.NUp An aggregate of land,including parcels,passages,rear loots and alleys,bounded The map that designates Corridor Cconees and Segments and determines which by streets or ratboad rights-of-way An alley does not consi,,,e the luwadiry of a regulations in the Development Cade apply to each property within the Plan Area Block .a L7 133 Devalapent Code Fraetage Coverage Zone Open space(Public&Private) Primary Entrance The chapter of the Specific Plan oontammg all Standards The space between the minimum and maximum beau yard Land that maybe used ra possive or active recreation There The main/principal point of pedestrian access into a budding Regulanoris,and CAiddines dut apply to development wvhIn setback Imes and thenummran side yard orside saver setback area wide range ofoptn space types Including parks,plazas, configured as a Pnvaie Frontage Type the Plan Area hies yards and other cornfigurations w defined in the Development Private Frontage Density FroaftV Line code 1)The portion of a property between the back of sidewalk The number of dwelling units within a standard measure of A property line that coincides with the condor pubic right- Parcel orAssembled Parcel line and the primary bwldurg facade along any Street land area,uymlly given as units per acre of-way A kgally defined area of land under stmglc ownetshtp Z)Pornom of all primary building facades up to the top of Deretapanent Regulations FroangeType Parkin;Lot the first or second Boor,including building entrances.located All Standards and Guidelines contained wain this A specific configuration ofelematts that define how public or Apaved area,usually divided into tttdivndualspaces,intended along and oriented a sheet or active open space document. private fMntages may be designed for parking vehicles Physical dements ofth Private Frontage include,but are nor Driverray Carrige Parting Stmeture. butted to a bnldmg»s primary eotranee treatments,setbwL A whicular lane within a parcel»usually leading to a garage A building used for vehicular parking with no Internal Ashucture used for parking orvehicks where pmkmg space& areas and property edge treatments or parking area ctrcWanon dttnrng radius,and drive aisles are incorporated within the rrePerey DweNn%Uut Guidelines $mtctire An mdsvidualJowrier's land,Including land Improvements One or more habitable rooms with only one kitchen,and Ptmcnpes that pronde direction regarding the preferred Punatly Submerged Podium and any permanent fixtures on the land including buildings, designed for occupancy as a rimt by one or more persons method of addressing specified design considerations A parking stnacnne built below the main butldmg mass and trees and other fixtures hying as a household tint with common access to ail long, Conformance with guidelines is recommended but not partially submerged underground Property Lore kitchen,and bathroorns areas raluired Passagerpasm The boundary that legally and geornerncally,detnarcaes a Eefrent KntorkRessirm An at-grade pedesman connector pass"between buildmgs, property To be[crated along a fmdagc line A buildng,site or fcature that is a local,state,ar national providing shortcuts dwougb long blocks and connecting Pabltc Froruge historic landmark sidewalks or frost yards to rear yards,parking areas.and The arcs between a thoroughfare curb face and the back of Entrance orEntry House Scale open spaces sidewalk line Physical elements of the Public Frontage Apmm of p edeshan access taw a bWkdtrhg To be roughtyegwvileatin size and mass to a detached single Path include,but are net limited to the We of curb,sidewalk,. Fapde family house A pedestrian(or bike)way traversing a park or rural area. planter strip,street tree and streetlight. The exterior wall of a but The front of a biking nr with landscape matchnxg the contiguous open space any of its sides facing a public way w spaces fre"craly Human Scale Public RigbPOFWay disooguished by its architectural treatment. To have the size,height,bulk,massing,Or derailing that Pie Area For purposes of this plan.any area dedicated or mblect to creates a comfortable relationship to humans Tito land whose boundary tncktdes all Ann propesties that public fee ownership or an easement for public use for iiiiii o mdrndrml ekti»erhes of a£a de as LV°e'BheWrngliJses must adhere w the regulations within this docurnem. vehicular"or poilcman arrive]tcluding,but not[muted Tie relationship li they relate to the faVade's overall design.articulation,and A potaim of a building,with dnstimm habitable uses located PWhuhog and Buddleg DireetwJDectgaee to,streets,alleys,and sidewalks orgaoaxation along a property frontage such that it conceals die larger The head ofacity'splamningind building department ofother Public"it-Of-Way Line building behind Typically,liner uses are located along individual who has the authority to make decisions regarding The boundary that legally and geometrically dcmarcares the Fagade Offset parknig garages or large forraWanchor retail buildings the implementation of she regulations wnitm This plan Puhhe Right-Of-Way A homcoaW or vertical plane break spanning a fap ilc where one portion of a facade sets bads fioin another Mani Entrance Planter Strip Pubbc Works llirectr r/Nslgnee See primaryamrince An element of the pubic frontage,located in between the The head of a city s public works department or other Floor siddwalkandthcdKwoughfarccurbfacc whnehacammw&tcs individual who has the authority to makedociswns regarding See stutY MekFFaerry hadseaprog,including street hoes Planer snips may be the implementation of the regulations within this plan ]Tie use of a single budding for two or more dwellings Frost Streal nknainntionls or isdividnal Re"YaM A street that a bar khries primary entrance is. oriented Meerrip"Code perry RWdmg The arcs that rdsndts from a rear yard setback Acohlection ofngulanous that guide local government towardsA maunfpnncipal bolding on a l04 archhdmg perking RearYiordSe46aek•_._,_ .� Frvet Yard: open space(Usable) — _ - structures and exchding accessory buildings or smiuttrros,— The distance between a rear property lue and any but 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 entrance(s)to hottsrig units or office zone Regulations Fivat Yard Setback spaces Outdoor or unenclased area art the ground oron a Regulations andi die Regulatory Defhutwns The riles and Primary IsrBtMigFapode perforimatacc measures that define Regulatonns and establish The distance or range of dutances (expressed in both balcony,deck,porch or terrace designed and accessible for 7" mmut mhnand maximum)required fruem thebark-of-sid yt ewalk outdoor living,mcmuom pedean access or landscap rig The matdPrmci�l facade aft building that faces a street or how Standards apply to propeebes Regulatory DeSmtionsdo to the primary building fagark along a street pen space Usable open space does not incude parking facibks, ° not vary Fran one Dist ica to another Fruitage Coverage driveways,unhty cr service areas Prknary R sildmg Mass The most prominent porom of the Pnmwy Burtdm s Regulations oio not vary one Dis ma to Performance Q The nvmmwn percentage, of the length of the frontage g» measures that do net Sun one Distrct to another vcoverage zone that shall be occupied by a primary building 3-dimensional bulk faGade(s) 134 Ribbon Wmdairs Street Windows Ribbon windows am a mines oflong,hormntallyproportioned The combination of all clerneats within the public nght-of- Openings in a.building facade that allow light andlor air into windows mt"ted by verteeal mullions way the vehicular rmlm f thoroughfare and the pedestrian the building Roof realrtr/public frontage Z4naing Ordinance The top swface that covers a bmhting Street Type The Zoning Ordinance of the City of Huanngtori.Beach Serum A specific configuration of elements that define how new Activities and,it some instances,their structural components struts may be destgzred War relate to the mauttenance and basic funettonuig Stradstape componmtsofeaeh land use Theseaenvinca may include,but The composition and design of all elements vathm the public are not limited ts,trash and recycling areas and aboveground nght of-way the vehicular realm 1 tloroughfare ('travel cornponcnts of wa and dry utilities lanes for veincles and bicycicsh parking lanes for ran,and 5'hnlifiroet sidewalks or paths for pedestrians)and the amenities of the A specific pnvale frontage type Shopfronts are the primary pedestrian realm!public frontage(sidewalks,street trees and treatment for ground level commercial rises,designed for plantings,bcncbcso streetlights,etc) active ground floor activities including retail,dining and Sustatoability personal services Physical or design elements that improve environmental Sidewalk, performance,et6cirncy,and livability to- meet the needs The paved area of the public frontage dedicated exclusively of the present without compromising the ability of Aware to pcdcstrraa actnnty generations to meet their own needs'(quotation from the Our Common Future,World Commission on Favironment Side Setback - and Development,United Nations 1987)- See Side Yord Setback Thiti em Puking Side street An off-street parking arrangement where one vehicle is A street along a coma parcel that is not a front street panted behind the other Side Sheet Fagsde Thoroughfare The favileofa burldrag that typically faces a side sheet The pertain of die street between curbs that includes all Ste Yard: vehicular lanes,including travel lanes,turn lanes,parking 71se area iliat results from a aide yard setback lanes Side Yard Setback Th"h0tl8e The distance between a side property line and arty structure. A home that is attached to one or more other houses,and requiring a building permit, which sits daxectbr on a parcel of laud that is owned by the owner of the house SW Any medium for visual communications,which is used or urban Design Corrupt mteiidcd to be used to attract attention The distna structure which serves as the conceptual basis for SegnifMant the regulations eantatned in Book U An mportautpart or area,or a large quantity Use(as a rerh) To occupy land or water in any malncr or to establish carry SlIgarficantAddkions out,raaintaunOreuutinueany atYtvtty or development out Iand Additions greater than l5%of the buildings floor am or in water tegaz%mofwhethtrthe activity ardevelopmentis singk-yamity established,carried out,maintained or continued in a maniur The a single budding for ens dwelling shot utilizes buildings or sauctines on land or m water -- Standards, - Wall claddlog All required development spccifications(such as permitted The exposed matcnals of a farrade that primary walls,base, land use types,building height drmatsons, and setback wall accent,trim,and other articWtitton elements are trade of dimensions)that vary from one District to another or covered with >4 Story Window Wan A habitable-level within a building as measured fter.finished A wag entirely des;gned with windows usually from flow floor to finished ceiling Auics and raised basements am not to Poor considered stories for the purposes of deterriurung building G aid height L9 135 F I i I I I I I i i i EXHIBIT NO. 14 i i 40 06 Fees and Deposits I 9/11/1:5, 11 47 AM L,,'p Previous Next Misaln Sea rdI Iprini FrdUIa'-I 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 I View the mobile version, I I I I i i I I I ` o//www gcode us/codes/huntingtonbeach/view php?topic=zonmg_code-24-240-240_06&frames=on Page 1 of 1 I i I i I i II EXHIBIT NO. 15 i I I i EXHIBIT NO. 16 i o !� CITY OF HUNTING ON BEACH u Nk+e tflotta I ChtefAsttsemt Ctty s { OFMCF,OF T tAPWt An«dr°y CITY ATTORNEY P.O.BOX t N41 t Sr�+tYC ey 2000 Mat Stroet a s FW1 C! Al (1rIIL Tekpdwnat (714)11tr3113 Mgt L U61 y 1'a�asile: rn4)374•15% r March 30,2015 � ,t p Business Licensing l; City of Huntington Beach t 2000 Main St. w Huntingtou Beach,CA 92648 � <, Re: Medical Marijuana Dispensaries Prohibited I ' Bear Business Licewing: D As you know,Medical Marijuana � 6 Y ] Beres are not a permattu�d modal,retail,or other use in HumdVon Beach. Tlo Huntington Beach Zonkg and Subdivision Ordinance( BZSO)ryes I not recognize these dispensaries as licit or leg al retail or commercial establishineuts,sand the Planning ' and IWIding Director has consistently wade ft same d:et=iwdoiL In 2005, the City enacted a moratorium on these types of dispensaries. k 2007, the City Council amended the HBZSO to climate Medical Marijuana D,isper>saries as a pemitted(non-profit, ' for-profit, retail, cornmercial, or otherwise) use vvithin the City. Accordingly, since 2007, M"d al Martuere Mpensarics have not been listed as a,permitted use in the City and are thereby pmhibird j in any zoning district in the City. �(� j Moreover, on March 2, 2015, the City Couricil voted to have an Ordinacnce auuend�t prepared that adds expressly articuubded language to the CWs Code(HBZSO)that Medici h�[arYijtzsma f f Dispensaries are prohibited,period. This recent Council directive for an Ordinance amendment cites j not change the City's longstanding prohibition against Medical Marijuana Dispensaries,it just makes { the law clearer. � f i c' 1 � 4 I i 1 ' f 1 � Marcia.30,2015 , Page 2 't n Courts have Consistently affirmd the City of Huntington Beach's position.11 1a recent moms, no ftwer then three Medical Marijuana Dispensaries have beet shut down. In fact an Friday,hYlaich 27, 2015,the Orange County SWerior Cowt vented lfunftton Bead's reguestl for a Pseli ft*ry f lujunction against a Medical Msrijua a Dispensary. It is not permitted to apera#e in Hunting#on is Beach. ' Based upon the foregoing prohibitive policy and legal authorities on this topic in the City,a y Busyness License applicant who seeks a t Bak Business License to open and opera" a Medical Marijuana Dispensary will not be provided an application, nor will the MliCa4t pay the fr applicadog free. The erscrn a Business LiMr M will not be provided an appliadou beca�w Ir under H�r�Beach Municipal Cote Swdon 5.08.3t±i0, no license shall be iswr ed to , n t f � failing to present all appropriate zoning permits,or who has failed to comply with any other provmon. of City Codes. Any atteznpt to apply far at Business l:,icertse in light of the foregoing prohibitican ai�ai�t Medical Marijuana.Dispensaries is futile. However, according to HBZ.SO Section 202.08 Rules for F bterpretation,any applicant has this right to appeal as interpretation of this prohibitiou to the Pla4g ' Commission,as provided in Title 24 of the HB2SO. r I , r If any applicant has any question about the City's laws and/or policy on this matter,trleaw ask the applicant to write to my office. I will provide a written response to the applicant after weipt of a written request. r i Thank you again ur coopemtion, � i i y Mi 1 E.Cates I City Attorney I A City of Huaitington Beach i s i � r i EXHIBIT NO. 17 i I, I 1 MICHAEL E. GATES, City Attorney SB 258446 I 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 I 6 7 e SUPERIOR COURT OF THE STATE OF CALIFORNIA i 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO 30-2014100745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) 12 ) DECLARATION OF SCOTT HESS IN 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 i a ) 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. i 23 DEPT: C-10 24 JUDGE. Honorable Linda S Marks 25 I, Scott Hess, declare: i 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 211 144302/115573 1 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 i a 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 i 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 iCode Enforcement 6 Division is under my supervision and has been for six years I am familiar with the City's land i 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 � a 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 204116,use classifications 16 The use classifications describe and group uses having similar characteristics,but do not list every 17 use or activity that may be 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 may be appealed to the Planning Commission. 22 The operation of a medical manjuana 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 al site must get zoning 27 2e 14-4302/115573 2 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 i i 1 approval prior to the issuance of different types of permits, certificates of occupancy,business 2 licenses or utility service connectio a�rPrn»rPd in Section 240.OZ� I 3 I declare under penalty of penury under the laws of the State of C I alifornia that the 4 foregoing is true and correct 5 Executed tlus�*day of �2015 at H tington Beach,California. 6 7 Scott ess 8 I 9 10 11 12 13 I 14 , 15 16 17 18 19 20 21 I 22 I 23 24 25 26 27 28 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 i I I 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 B 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. Huntington Beach, CA 92649 14 (714)475-5502 I 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 / /� jam ,at Huntington Beach,!Califorma. 22 C 23 �4oan Naideth 24 25 26 27 14-4302/115573 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 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 ) 5 CALIFORNIA, ) 6 Plaintiff, ) 7 vs. ) Case No. 30-2014-00745511 8 DANIEL GARFIELD RICHMOND, ) HUNTINGTON BEACH CARE GIVERS, ) 9 and DOES 1 through 50, ) Inclusive, ) 10 ) Defendants. ) 11 ) 12 13 14 15 DEPOSITION OF 16 SCOTT HESS 17 SANTA ANA, CALIFORNIA 18 FEBRUARY 23, 2015 19 20 21 REPORTED BY: PATRICIA A. PAGANO, CSR. 8406 22 23 24 25 1 i 1 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. 9 MR. FUJII: I've got to make a phone call. Iigot a 10 text. Can I 3ust take a short break? 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. 15 BY MR. PEIRANO: 16 Q. Have you issued any policy decisions with, respect 17 to medical mari3uana at all? i 8 A. No. You know what? Would you mind rephrasing the 19 question? i 20 Q. I'll ask you another question. 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. i I 39 Ii 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'? I 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 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. j 15 Q. The point of the policy decisions and keeping them 16 in writing is so there can be some consistency. 17 Isn't that correct? 18 A. Yes. 19 MR. FUJII: Vague and ambiguous -- obDection. l Vague and 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 23 Huntington Beach. You know whether or not policy decisions 24 defined within the zoning ordinance. I'm going tolitell you 25 what it is. Do you want to know that ,I 40 1 i 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: 4 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 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: I 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 i 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? I 25 MR. FUJII: You don't have to answer that. i 41 I EXHIBIT NO. 18 BOUT BUSINESS LICENSES... elcome to the City of Huntington Beach business _ mmuntty This information guide is intended as a - - rnmary of information you will need to know in You can obtain an applicabon from City Hall, or Certificate of Occupancy required y ier to operate a business in Huntington Beach download one from our website at P Y — q ed b t its guide is provided as a public service It is not www.hunbncittonbeachca gov 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 Drosion at (714) application and bring it to City Hall on the 1" floor, 536-5271 or pick up an application from C 6-5267. Clanficabon and definition can also be 2000 Main Street or mail it to Business License, Hall .ind in the Huntington Beach Municipal Code, P-O Box 190, Huntington Beach,CA92W If you /b Fictitious Name (dba) — must be filed d y le 5 City of Huntington Beach business are in a commercial location in the city, you may choose a business name that does not inclu ense is not a regu a o license b i need to fill out an application for a Certificate of your own last name Contact the Cour P pay or a public safety needs of the people Occupancy for the Planning and Building Clerk's office at (714) 834-2889, go online funtington - ch Department, who can be reached at (714) 536- httR ilwww oc ca govlrecorder or contact yc 5271. local newspaper office Wh • Needs • , i • Cost? Ar 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 4uires 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 rners; however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, :abon upon notification to Business License and $41 60 Additional amounts added are as follows- Seller's Permit (Resale #) — required by t provroval by the City Planning and Building State Board of Equalization if you s Additional Employees: 4-12 $4 00 each merchandise Call (949) 440-3473 or vi gent businesses, trades, professions, llings, or occupations operating in the City need 13 $3 00 each www boe.ca goy. ' 52 52 Business License These include but are not $2.00 each /V Health Permit _ required for food handhr cited to Additional vehicles Under 1 ton $12 00 each permanent make-up, tattooing or bo 1 to 3 tons $35 00 each piercing. Contact O C Environmental Health Any business in a commercial or industrial location Over 3 tons $46 00 each (714)433-6000 Horne-based businesses are required to pay a one- /V Federal Tax ID # — required if you ha Persons who have a home office or use their q home as the headquarters of their business bme fee of$2 00 for a Horne 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 aov. Some business-licenses-are-calculated differently _ but transact business in� the city such �as Y � Worker's Compensation Insurance contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, special events, required if C have employees Contact c services,fumigators,telemarketers etc vending machines, out of town contractors, pool yY halls) Call(714)536-5267 for these licenses local insurance agent, state fund or vi Independent contractors such as doctors, www dir ca gov/workers' como html real estate brokers, hairdressers, janitorial /�► t.iquor Liicense —required by the 'State De contractors,and home party demonstrators • . . i • • -- • y • . of Alcoholic Beverage Control if you self Apartment owners of three or more units A business license may be issued at C Halt w le serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sell merchandise from ou wait Your app ica complete and www abc ca gov 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 Building 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 caSei+n�l h ee inr r•n annlirahrnn rn;av nlCn hp m-whoa frs r"Iho WcW na vi Pro ITA Al sir_ c11'74 .. _ • * i i i O ♦ i _ A How to Obtain a hat if I Don't Obtain a License? 1W1 How To Do Business in the City of Huntington s inducting business in the city without a license Beach - a guide to Economic Development Business is License n result in penalties, Notices of Violations, and www huntin tonbeachca ovlde artments/Et7 Iministrative 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 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 Beach iw at the fixed location of the business For U S Small Business Administration provides _)se businesses without a fixed location, the spans+Ile party must carry the business License financial assistance programs, guide to th thorn while conducting business in Huntington resources and workshops (714) 550-7420 or �, r www sba cloytack ; !.•r 501 SCORE Service Corps of Retired r zw 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 to However, you are responsible for renewing ur license whether or not the renewal notice is '°1 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 calgold ca qov arged. Notices of Violation and Administrative +11 Small Business Corner - helpful information tations may also be issued. about taxes from the IRS www irs oov m Moving to New Location in the City. TY Small Business Development. Center - City of Huntington Beach ease notify us of your new address, phone provides help to small businesses through tuber, and any other changes to your business 1-on-1 counseling, workshops and education Business License ter compliance with any applicable city seminars Call (714) 564-5200 or visit auirernents, your business license may be www ocsbdc com. 2000 Main Street. insferred to the new location for a small fee If u are moving to a new commercial location, you Telephone, 1st Floor I need to apply for a new Certificate ofAdditional NumbersHuntington Beach xupancy Better Business Bureau (714)985-8915 hat-if-I-Stop Doing-Business-or-Move Away? --Building Permits (7-14).536-5241 CA 92648 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) 536-5267 siness ceases. Consumer Affairs Dept .. (800)952-5210 Fax: (714) 536-5 934 in f Transfer My License to Someone Else? Contractors State License Board (800)321-2752 isiness Licenses are not transferable from one rner 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)852-6711 Monday to Friday here-Do i Find You? office of Secretary of State (91+6)653-3794 www.hunt:ingLonbeachca.goy_ e are located at 2000 Main St on the corner of Sign Permits (714)536-5271 irktown and Main, in the Civic Center on the 1 g State Compensation Ins Fund (714)565-5000 business.lieense@s r fdty-hb ora or Enter the main Administration Budding and Fnw the Grimm- fn fho PtPicinclLc i Zonino Denartrnant (71d) i I i t i i EXHIBIT NO. 19 �tty of Huntington Beach,California-Pernut Center-Certificate of Occu http.//www hunhngtonbeachca.gov/government/departmexds/buildingLsafe Nome #wMM0.1 Redfts Goy" Bush= vwm boas AWAMB j i SUL1 ug-a sway t �gtsrnrs qts p et�Pse bmidiefysafel >pentisFtxrlWr 4 -_CMASTaflrrto New a ' ses th(l owwate orotcupd"joy $hat � . Mbligm s Pertivt Tdar -.,....—--- £ WOO knows - -- wotidng{bt yowcarend need p4arkAyAilxa6ctrlCur% Ui-,U$64[trsioi 1 j 097Profed the snvironrtant O&ftGo&fe 4 Whoneetis jfficat�otO t 7 #fe�v:8u�ines��'Gatk�ir � at�i�spo3eofdtn$teP�fit occupancy t�Wtq tfottaauyaCddlftaateaftrcraey9 Nrsiy-roftreoL-byi11g37t ttont�Halkf@rAG� �tlss.lf3ac�+rates-cit� �iaot¢i�+ottram�tdid7r��j"G'or�ettance✓f2�t�3zj a'Ftties�op>ftl3t�# PasFegrdt SetiBDCA $S+OId ugekpt fsfed,c'Ai3ts, tSEarRRB�lew t�vu�h kt ,er�tao kr�a> a o oc ncy)rs "'Z j Floes A AppImOkm I a A etdficate,ofL�ccupancY(CT Cotdj,11Ta-certibcata isaued'by fhe,Bulkltr{ Mam sx�i AgFatt w-m wi Ph-wbm amvanoy or tie o1`a pordonthereof I fox-044?04-1e47 Wj194WHpyE; Ef,dnnianeedstLC'#ft8ca0afOccmmey? , •srWA*+rway a og nafb i1Cpn� T2;aaN�tuatt �'�t I ' t y411 tet$ipe &aperafinlwihtn t k7tttinttOA 8e cityYiitsr�agatdieszi ffyAa aTti plattn(rgtocrxttpy-awoxt#1r%bpiiding4; tilfr374dv1tt lea f i Q.•Why do t rAid a Cediffeate of OcoWanW?, b r ? A It part '(Gtt tt bhslness:flrv7tal. AP bull(t'r s PTW U0tsi sf cc*, spl"rt��"cattan.�Ne a►>sPa�Yo�b��i?�!�ht'�tltos�cods toel your s�ftsty, i the okfaly ofypt(cernproyees4nd She gew Of tkd s8 Who v_tslt y6ke'1441 Ity Q: l&CA lb top (a uadin§lode Cvinpliaitce#ttPa*t?#o asrafd tatex►�esitedcwsts. A ApplyitV'kre Btlifdi)ig Cpde con7poanCe ftepartisa proacti*apj machtoidentlfy � I and tdrrect any possjb)a deficfericfes ttetdte (rtutftved. Cost tor�tti,�service coihcid+�vsrltti.tht}Ct3{3rfiaa�.of D�p�naY fe�as.{pasetfoli Xhe Cype eft � I d60VaYW)a4phowrPlntheFee-S� Tfis 4ro$tS for-owe vorritor►s, ;iWor willresearch,the appraysdplarw and pennit"swfy jbT a specft.addres;% perbrm arfirispectio'tand't othehppllobnt,4.6 taiiedrepodanthe InVootio`n findtngs. By Usftig tLy liracesa it Carr 6o t ertsiined i[sfguifiwni altei e�ona tta�re gccutied wtfhottt perrrgs, ExanVle eof I;omrmn probierns Ohl a Noltpprmibednwzu rrpsln#onufactmt4orwaretx+uses I,NorrppltrlttedtermntlnpmwmwtwoFkwIMinbakkigstadr3fwnofaddd'iotWuflire� sl �;�c�red b.ap3iisgandC6tassoslatedpemti7s stihetet�warttwastnst�Aed ►Meehan[car,electt mf and p{nmbang wodcitiatseggtes pemAs and ivMV. w Exiting"of buddings per occupancy classdreaoon, p dfaeent buUdirW orvnus Lae arWotoccupancy type i a t[anpermtttedeiectriGal'ohanAestotheseEYiaevrsulr�a�lsa�dism'btibon: I s to ChangesIn f oe paney Classlffeatiom t Q:Stops to Acquire a ceroffcTiba of occupancy? bamMotDPI ' of 3 I 4/13/2015 124 PM i City of Huntington Beach,California-Permit Center-Cerdficate of Occu., http-/Iwww hundngtonbeachca govlgoverntnent/departments/building_safe t Rome I Wet to- RaditkAfg Umemmima ftsinm Vidtots Brice Awl HB � j— Location . Orkupyl11DROtrConstructfan Occupying an j or'needsi�teW tenant ExTst�ttg Wilding Strip 19tfbor,..�.—Arsapplloarit7Flust�� 1 Bpsihess have or apply for a An#pplidant mast ttave or apply i Llctense catretit-Qtpof fom curvet City of t"riglort Huntington Beach Beach Businm lmrrm. Betslrtess License. ' i step t Submt the fooWTV 2 3rdi top r. t ZsdtsoFwetfagilwt)ei9ried Pfarutittg 5ubmitan garloihe Piahnucaurrtkt i' Cotmter application fora fw review k sutxrartat L t rditcata Of C3cciiRa�o n r< Avocawo tole Oemitafli Df l EUcupat W INV piam ute t Zctni' CdearBrtce - car►3pte�anct�smotom � �i tviCs�sltrsereq�lsemmeltrsr�e " PtfltY&rgr)eperfraCnQw,ll�gtrt '! ` . th83?1�tt$ul�tntf$Ii�PPbGdtidfl $tip . 3rd floor. Pierre will be review lot stru6ttcral App6patl6tt Fievfe+n�, , 3 � l3utidtrig. cassinganct rec{*emerAs�eurrer�tffy,ptan i CoW r p antoifees c pmx f*ckIs`runntr4ap -metely c fs wortclt�day3 to€ r revieiarj Step Ord PJD". , once the plans meet state code 4 Sulld ' rsguireattelrta,yeas aTe collected Counter 8ttd a buildfngpetW1 is lssued, ��5tep i �utoinated 4 5 inspeduo QrrSite trrspec air Ckt srte 3nspeo 4it ! LIM ' T S'tep ~� 1st�toor, Final approval of __, -m,.�..,9-.,.-K..�.....�_.._..._.......�.... i t B i $usinesv Final ApprovalofAppicallon t. ' License= App4fcat�on ;, Step i Mailed to i ry Certificate of Ccaparacy witl be ', 7 i you Cerf96e o cat € trralted to you upon completionof occupancy all construdlon&flnaf liispeodofi approval Q What 4 the Gast oT aCertlfkOAof Occupancy? ba*10 top! A.Feasare'tgsed on"Occupancy Type Please sea the ariaehsdfea ScttedvTa. Them is no adrhtlonal cost for a Certificate offlcoupancy which is part of 6uneh* per'mt!Wd Contort at the eartte locaboti,towewer„if-a temporary Cextiffoate of Occupancy should be needed prior to firll completion of construction,appFovai must be obtained torn the Imperitlon Managerand a fee trust t o paid prior to the Issuance of wnporary Certificate of boeupancy. Q:What die we took for during a Certificate of Occupancy baclt.to tPo inspection? A.,A CetiitioaW of occupancy rnspectton Is required for all new busfnessesrar d`tor I ` tenantinprovements to existl%buUngs,for►pore specific infommtion see CertMc;a . of Occuparay Inspectiops. Foritts back to top of 3 4/13/2015 1 24 PM I t � ofH=ngton Beach,California-Permit Center-Certificate of Occu.. http•//www.huntingtonbeachca gov/government/departments/building_safe I How 1`team. pw ddws (JOYMMMIt ass Visim SMICOs A i _ I = E _ I i I S I i s t J lwft residatU J VlOors(bWrp6s�k Uovgrami$J sw*ev sft eaap[term-al use( ay swernstd(£ortt<a I J thr4cumissto CRY hay J 2600 Matti Street,ktt l*on beach,Cardotnta W46 PY 2Ut}?15 C�y�,)l�Wrt+r�trn Baach.Arthts reserved- 4wf C3y USA is a regEstared trademarit of itie ttwi ngton Aaach MarlietkV anti�UKors bureau. t x -�-- - ._rim of 3 4/13/2015 1 24 PM I I i I I i i I �I i EXHIBIT NO. 20 Mar. 4. 2015 4:59PM C�19 ATTORNEY No, 1692 F. 2 CffY OF HUNMGTON BEACH WikaM$jvftm �Ao�A o d 'Y' P&W ID'Alnundn T ` Assis*sW My A=WrY TY so Ne9 wore Baer 3'O.11DXA911 SL��Yc�tgAftWbF =C�t$�1�E E. Gates .#M iL*Snreg Jo1W n 1-i1 ju Ht nWrog Dod,C9lifRlruU 92b49 Sr]Ovn9'Gt9 am* city Attorney T Icpt,= (714)53G-5555 Daddy Obi FacsWHC (714)314.159d i)ept yCd4Atto.ncY VIA EMAIL10 clo&WWIEW com Mard14,2915 - Qxtfigrw T,-Peirino,Esgl. Pd=0 SSG AW16 latM 10Z. 16669 Main SUveE,Shute 350 Santa Ana,CA 92701 City of 1,wztington Beoch v Daniel Garfield Richmond OCSC No.745511 Dear Mr.Peianos This'wtin confirm our convenation today oonceming the s(1icing ofilie allegations Conbi,ed>n Paragraph 12 of the complaint. Such 2UeV iOw verse m iMkenly included. As such,I have agreed to SU*e tlwase alllegatians Seam the complain#. Tbank you for your co missy on this issue. Very tinily ya D ,OIL Deputy City Attome 14-4=19120_dw � I I I I I 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 5 Attorneys for City of Huntington Beach Government Code §6103 i 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER to CITY OF HUNTINGTON BEACH AND ) CASE NO. 30-2014-60745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) 12 DECLARATION OF JIM SLOBOJAN IN 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 Tun 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 i 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'SIEX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER i of Plaintiff's Ex Parte Application for Temporary Restraining Order andiOrder 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. 1 have been in the Finance, 5 Department since February 2006, and have been a supervisor for the Business License Divisions! I 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 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 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 I have personally searched the City's records for the property located at 17416 Beach 19 Blvd., in the Ci of Huntington Beach and the business known as Hurituigton 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 mari uana dispensary currently o keratin at the property. J P Y Y P, g p P rtY• 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 I 24 their non-profit status. The City, on the advice of the Internal Revenue Service,would also I 25 independently verify their non-profit status through the use of www.guidestar.org Unless 26 properly verified,the City would not issue a non-profit business license. 27 ` 21 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 RESTRAINING ORDER 1 � I �i I I searched the www.gWdestar.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 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 L day of ZP.Nvagr�,2015 at Huntington Beach, California. $ Jim Sl ojan 9 10 11 12 i 13 i I 14 i 15 16 17 is 19 20 i 21 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 r i 1 PROOF OF SERVICE OF PAPERS , 2 STATE OF CALIFORNIA ) } ss. s COUNTY OF ORANGE ) 4 5 I am employed in the County of Orange, State of California. I am over the age of 18 and , not a party to the within action;my business address is 2000 Main Street;Huntington Beach,CA 6 92648. _ 7 On �r�S ,I served the foregoing documents)described as: a 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 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. 17 1666 N. Main Street, Suite 350 Santa Ana, CA 92701 18 clp@peiranolaw com 19 I declare under penalty of pequry under the laws of the State of California that the 20 foregoing is true and correct, 21 Executed on a/z j at Huntington Beach,I California. i 22 23 Joan Naideth I I 24 I 25 26 27 14-4302/115569 2s DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY1 INJUNCTION AND TEMPORARY RESTRAINING ORDER I r � I I I it 4 1 EXHIBIT NO. 22 I i I i EXHIBIT NO. 23 I� I II I r r I I I I I I I I I II I i I i I EXHIBIT NO. 24 I I I SUPERIOR COURT FOR THE STATE OF CALIFiORNIA i 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. ) DEPOSITION OF ALBERT BRADY, JR. Santa Ana, California Thursday, February 26, 2015 i Q. Okay. So they coordinated an inspection. i 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 i I 62 i i 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 1 11 to hand out the citation, if one is necessary,or do 12 they hand out 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.