The URL can be used to link to this page

Home My WebLink AboutAppeal of Joint Decision of Planning and Building Director a (17) ®� City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca gov Planning Division Building Division 714.536.5271 NOTICE OF ACTION 714.536.5241 November 3, 2015 CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O Cnstian L Peirano, Peirano and Associates Inc 1666 North Main Street, Suite 350 Santa Ana, CA 92701 SUBJECT: APPEAL OF JOINT DECISION OF PLANNING AND BUILDING DIRECTOR AND FINANCE DIRECTOR TO DENY ZONING APPROVAL, BUSINESS LICENSE AND CERTIFICATE OF OCCUPANCY FOR MEDICAL MARIJUANA DISPENSARY AT 19142 BEACH BLVD.. SUITE Y (PLANNING APPLICATION NO. 2016-146) APPELLANT/ APPLICANT: CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO, C/O Cristian L Peirano, Peirano and Associates, Inc 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER: DDD Pham, LLC, 1738 441h Ave , San Francisco, CA 94122 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 19142 Beach Blvd., Suite Y(Planning Application No. 2015-146) LOCATION: 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield 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 flames surfcity-hb org, or the Planning and Building Department at (714) 536-5271 Sinc6rely a F AICP Director of Planning and Building Draft CC NOA PA 2015-146 19142 Beach Y doc Notice of Action PA 15-146 November 3,2015 Page 2 SH JJ kdc Attachment Findings For Denial— PA 2015-146 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 DDD Phan, LLC, 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 2015-146 FINDINGS FOR DENIAL - PLANNING APPLICATION NO. 2015-146 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 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 Building Director's conclusion that the dispensary was a prohibited land use, the Planning Director's decision was appealable first to the Planning Commission Moreover, Applicant was not prejudiced in any way by the hearing before the Planning Commission Applicant wanted a hearing before the City Council, and received one 5 The Planning and Building Director correctly considered whether Applicant should be granted a certificate of occupancy although Applicant contends the City only should have acted on its business license application No new business may open without a certificate of occupancy and no certificate of occupancy may be issued without establishing that land use is a permitted use under the HBZSO (HBMC Section 17 04 036, HBZSO Section 240 02 ) Because Applicant could not operate without a certificate of occupancy, Staff correctly determined whether a certificate of occupancy could be issued concurrently with determining whether the dispensary was a permitted use 6 The Planning and Building Director did not misappropriate the appeal fees Neither the business license nor the certificate of occupancy applications could be granted without zoning approval under HBMC Section 5 08 360 and HBZSO Section 240 02 Under the City Municipal Code and HBZSO, all zoning determinations are made initially by the Planning 1 Draft CC NOA PA 2015-146 19142 Beach Y doc and Building Director, subject to appeals to the Planning Commission and the City Council The correct fees were collected for the appeals to the Planning Commission and the City Council 7 Applicant's proposed medical marijuana dispensary is located in the "Neighborhood Boulevard Segment" of Beach and Edinger Corridors Specific Plan ("BECSP"), and not the Commercial Zone of the City Consequently, whether marijuana dispensaries are a permitted use in the Commercial Zone is irrelevant the Applicant's applications 8 Even if the dispensary was located in the Commercial Zone, it is not a permitted use HBZSO Section 211 04 lists all the permitted and conditionally permitted uses in the Commercial Zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use Further, dispensaries are not comparable to any of the categories of "Retail Sales," as identified at HBZSO Section 204104 HBZSO Section 21204 states that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use in the Commercial Zone 9 Although "convenience uses" which include "small scale pharmacies" are permitted in the "Neighborhood Parkway Segment" of the BECSP (BECSP Section 2 2 1 ), a marijuana dispensary is still is not a permitted use 10 Medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Parkway Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " The Council affirms the conclusion of the Planning and Budding Director that dispensaries do not meet the purpose or intent of the BESCP 11 Medical marijuana dispensaries are not small scale pharmacies Pharmacies are licensed by the State Board of Pharmacy, in order to provide controlled substances, dangerous drugs, or dangerous devices by physician prescription A prescription includes the name of the prescriber, the name of the patient, the name and quantity of the drug or device prescribed, and the date of issuance of the order Medical marijuana is distributed to qualified patients and qualified caregivers through a cooperative, pursuant only to a written or oral recommendation of a physician, which is nothing like a medical prescription because there is no date or quantity 12 The City Council has chosen to ban any distribution or cultivation of marijuana in the City Medical marijuana dispensaries have been a prohibited use within Huntington Beach since the City adopted Ordinance No 3788 in 2007 In order to clarify and broaden this longstanding prohibition, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific plan areas 13 Zoning approval of Planning Application No 2015-146 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 Neighborhood Parkway Segment of the BECSP 2 Draft CC NOA PA 2015-146 19142 Beach Y doc 14 Planning Application No 2015-146 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary is not consistent with the General Plan Land Use Element In addition, it is not consistent with the following policy of the General Plan A Land Use Element Policy LU 7 1 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) The City has established that medical marijuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of a medical marijuana dispensary is not in compliance with the General Plan or the Zoning and Subdivision Ordinance 3 Draft CC NOA PA 2015-146 19142 Beach Y doc SUPPLEMENTAL COMMUNICATION lVieetirg Cate: �• ' Agenda item No. 3 CITY OF I3UNT'ING'TON 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 Item 10 (Planning Application No. 2015-137) Page 3 Section C. Planning Commission Meeting and Recommendation—the second paragraph should be replaced in its entirety with: "Two people spoke during the public hearing. Both speakers stated their opposition to the Director's decision and to the proceedings themselves One speaker, Sean Bozarth, an attorney representing the applicant, stated he thought they were appealing denial of the business license,not the Planning and Building Director's decision regarding denial of zoning for the land use The applicant's attorney also stated that the medical marijuana use was a retail sales use and should be permitted in the IG, Industrial General zone." The description of Planning Commission Action on August 25, 2015 should state that the motion was made by Kalmick and seconded by Mandic. cz em 11 (Planning Application No. 2015-146). age 3 Section C. Planning Commission Meeting and Recommendation—the second ragraph should be revised to reflect the name of the public speaker as Sean Bozarth. 1 128007 doe 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 61ty Attorney cc* Fred Wilson, City Manager Joan Flynn, City Clerk Scott Hess, Director of Planning and Building 2 128007 doc Dept ID PL 15-022 Page 1 of 8 �p Meeting Date 11/2/2015 te At U CITY OF HUNTINGTON BEACH f REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/2/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building, Michael Gates, City Attorney, and Lori Ann Farrell, Director of Finance SUBJECT: Appeal Of Joint Decision Of Building And Planning Director And Finance Director Denying Business License And Certificate Of Occupancy For Medical Marijuana Dispensary At 19142 Beach Blvd , Suite Y, Because Dispensaries Are A Prohibited Land Use (Planning Application No 2015-146) Statement of Issue On or about June 4-5, 2015, CHC Organization, Inc , dba Surf City Collective, and Solomon Fishman (collectively "Applicant") submitted applications for a business license and a certificate of occupancy to operate a medical marijuana dispensary in the "Neighborhood Parkway Segment" of the Beach and Edinger Corridors Specific Plan ("BECSP"), at 19142 Beach Boulevard, #Y 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 204 18 Applicant appealed the denial, which Staff directed to the Planning Commission as a request to obtain zoning approval because no business license or certificate of occupancy may be issued without approval, and only the Planning Commission may review the Planning and Building Director's determination that a proposed use is prohibited (HBZSO Section 204 02, BECSP Section 2 2 ) The Planning Commission affirmed that marijuana 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 Deny Applications for Business License and Certificate of Occupancy(Appeal of Directors' Decision)with Findings for Denial (Attachment No 1), and 1 A-A Item 11. - 1 HB -604- Dept ID PL 15-022 Page 2 of 8 Meeting Date 11/2/2015 2 Deny Planning Application No 2015-146 Alternative Action(s) The City Council may make the following alternative motion Continue Planning Application No 2015-146 (Appeal of Director's Decision) and direct staff accordingly Analysis A Protect Proposal Applicant/Appellant CHC ORGANIZATION, Inc. d b.a Surf City Collective by Solomon Fishman President/CEO C/O, and to the Attention of Cristian L Peirano, Peirano and Associates, Inc., 1666 North Main Street, Suite 350, Santa Ana, CA 92701 Property Owner DDD Pham LLC, 1738 44t'Ave, San Francisco, CA 94122 Location 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield Avenue) Planning Application No 2015-146 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 19142 Beach Blvd , Suite Y B Background Applicant began operating a medical marijuana dispensary at 19142 Beach Boulevard on or about April 13, 2015 (the "Dispensary") On July 22, 2015, the City filed suit against the Applicant in City of Huntington Beach v CHC Organization, Inc , Case No 30-2015-00800512 On October 16, 2015, the Court granted the City's motion for a preliminary injunction, which closed the Dispensary pending trial, beginning October 26, 2015 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 and Ordinance No 4058 However, on May 29, 2015, the Court in a different dispensary case, Clty 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 a business license application from Applicant on June 16, 2015 (Attachment No 3 of Planning Commission staff report) 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 the Certificate of Occupancy because 2 127704 HB -605- Item 11. - 2 Dept ID PL 15-022 Page 3 of 8 Meeting Date 11/2/2015 medical marijuana dispensaries are a prohibited use within the City. (Attachment No 3 of Planning Commission staff report) Applicant appealed the Directors' decision to the Planning Commission on July 6, 2015 (Attachment No 4 of Planning Commission staff report) C Planning Commission Meetinq and Recommendation On August 25, 2015, the Planning Commission heard the Applicant's appeal Because the City Attorney is presently suing the Applicant on behalf of the City, the City retained attorney Matthew Silver to advise the Commission during the public hearing. (Mr Silver will similarly advise the City Council ) One Person spoke during the public hearing and stated this opposition to the Director's decision and to the proceedings themselves The speaker, Cristian Peirano, the applicant's attorney, stated he thought they were appealing the denial of the business license, not the Planning and Building Director's decision regarding denial of zoning for the land use Mr Peirano also stated that the medical marijuana use was a permitted use under City zoning Planning Commission Action on August 25, 2015: The motion by Kalmick, seconded by Brenden, to deny Planning Application No 2015-137 (Appeal of Director's Decision) with findings for denial (Attachment No 3) carried by the following vote AYES Crowe, Semeta, Pinchiff, Kaimick, 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) The Applicant's appeal raises multiple claims, including that (1) the Appeal is for denial of business license (not for denial of zoning approval), 2) the Planning Commission should not have heard the appeal, and HBZSO Section 204 18 prohibiting marijuana dispensaries is invalid E Staff Analysis And Recommendation Applicant's appeal raises separate, but overlapping issues regarding the decisions of the Finance Director and the Planning and Building Director I Finance Director 1 The City Council Should Reiect Applicant's Claim That HBZSO Section 204.18 Is Invalid ' ' Applicant raises this claim at page 1 of its appeal and discusses it in detail at pages 3-5 3 1977na Item 11. - 3 xB -606- Dept ID PL 15-022 Page 4 of 8 Meeting Date 1102015 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 falling to present all zoning approvals It concludes that because HBZSO Section 204 18 expressly states that marijuana dispensaries are a prohibited land use, the business license application is denied Effective June 17, 2015, Section 20418 expressly prohibits any and all cultivation or distribution of marijuana throughout the City. Section 204 18 repeats and broadens Ordinance No. 3788, adopted in 2007, which prohibits medical marijuana dispensaries in all zones and specific plans throughout the City Applicant contends that Section 20418 is invalid because Ordinance No 4059, a 45-day interim ordinance violates Government Code Section 65858. However, the validity of Ordinance No. 4059 is irrelevant because it expired in 45 days, and Section 65858 only applies to "interim ordinances," not regularly enacted ordinances like City Ordinance No 4058 adding HBZSO Section 204 18 Section 204 18 was adopted pursuant to Ordinance No 4058, and consequently, stands alone from interim Ordinance No 4059 The validity of Ordinance No 4058 and Section 204 18 is unassailable because the California Supreme Court approved of dispensary bans in City of Riverside v Inland Empire Patents Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 Moreover, under the same case, Ordinance No 3788 which banned dispensaries in 2007 is equally effective 2 Applicant Was Not Wrongfully Denied An Opportunity To Apply For Business License Applicant claims that before opening the Dispensary on Beach Boulevard, it attempted to apply for a business license but the City denied it 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 hearing 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 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 4 127704 HB -607- Item 11. - 4 Dept ID PL 15-022 Page 5 of 8 Meeting Date 11/Z2015 Moreover, Applicant was not prejudiced by the Planning Commission hearing Applicant wanted a hearing before the City Council, and now it has one II Planning and Building Director 1 The Planning Director's Decision Denying Issuance Of The Certificate Of Occupancy Was Correct Although Applicant submitted a certificate of occupancy application, it objects to the fact that the Planning and Building Director denied it However, no new business may open without a certificate of occupancy and no certificate of occupancy may be issued without establishing that it is a permitted land use (HBMC Section 17 04 036, HBZSO Section 240 02) Consequently, 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 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 the Dispensary Although the Applicant argues its business license appeal should have gone directly to the City Council, Applicant has not been harmed by the Planning Commission hearing Regardless of the Planning Commission hearing, Applicant still will receive a City Council hearing 3 The City Council Should 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 appeal Applicant's justification for the refund is unclear The City charged the development fees set by Council Resolution As explained above, neither a business license nor a certificate of occupancy may be approved under the City Codes without zoning approval Once the Planning and Building Director and the Finance Director jointly denied the Dispensary zoning approval, Applicant's only option was to seek review first by the Planning Commission, and then by the City Council The City charged the standard fees for both appeals Consequently, Applicant's claim that the Planning and Building Director "misappropriated" fees is meatless II Land Use Issues Applicant Directs To Finance Director's Decision 1 Pursuant To Ordinance Nos 3788 and 4058, Medical Marijuana Dispensaries Have Been A Prohibited Land Use Since 2007 Applicant's appeal is based primarily on its misplaced belief that prior to the adoption of HBZSO Section 204 18 this year, medical marijuana dispensaries were a permitted use To the contrary, in March 2005, the City Council adopted Ordinance No 3703 allowing medical marijuana dispensaries only in the Industrial and Limited Industrial Zones of the City. In November 2007, the V�77n.l 5 Item 11. - 5 HB -608- Dept ID PL 15-022 Page 6 of 8 Meeting Date 1 11212 01 5 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 Commercial Zone Or The BECSP As explained above, dispensaries been prohibited throughout the City However, Applicant makes the specific claim in its appeal that regardless of the general prohibition on dispensaries, its individual dispensary is a permitted use in the General Commercial Zone The City Council should reject this claim First, as the Applicant's Appeal acknowledges, the Dispensary is in the BECSP, not the Commercial Zone, so whether the latter permits marijuana dispensaries is irrelevant Second, the Commercial Zone does not permit dispensaries HBZSO Section 211 04 lists all the permitted and conditionally permitted uses in the Commercial zones Medical marijuana dispensaries are not listed as a permitted use HBZSO Section 211 04 further provides that "Use classifications that are not listed are prohibited " Section 204 02 adds that because use classifications describe one or more uses having "similar characteristics," but do not list "every use," the Director of Planning and Building shall determine whether a specific use is 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 ) (Attachment No 7) Applicant claims that dispensaries share the same characteristics as "Retail Sales," a permitted use in the Commercial Zone Section 204 104 defines"Retail Sales" as follows "Retail Sales The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods- toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation) " Applicant contends that this definition authorizing the sale of merchandise "not specifically listed under another classification" authorizes the sale of anything at all, be it medical marijuana or any other illegal substance This is patently wrong, because by listing numerous types of merchandise as expressly permitted, all other uses are prohibited. 6 127704 HB -609- Item 11. - 6 Dept ►D PL 15-022 Page 7 of 8 Meeting Date 11/2/2015 The City Zoning Code is structured such that all uses are prohibited unless specifically permitted. In a recent medical marijuana case, the Court explained that a zoning code identifying permitted uses would be "pointless" without the "corollary that unlisted commercial uses that cannot reasonably be included in any listed use classification are not permitted." (City of Monterey v Camnshimba (2013) 215 Cal App 4th 1068, 1093-94 ) Finally, Applicant claims that medical marijuana dispensaries are permitted in the BECSP because they are"convenience uses"which the BECSP permits The Dispensary is located in the "Neighborhood Parkway Segment" of the BECSP which permits "convenience uses" including "small scale pharmacies " (BECSP Section 2 2 1 ) However, a marijuana dispensary is still is not a permitted use First, medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Parkway Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " However, the Planning and Building Director has already determined that dispensaries do not meet the purpose or intent of the BESCP Second, dispensaries are not a drug store or medical supply house As the City of Monterey decision held, pharmacies are licensed by the State Board of Pharmacy, in order to provide controlled substances, dangerous drugs, or dangerous devices by physician prescription A prescription includes the name of the prescriber, the name of the patient, the name and quantity of the drug or device prescribed, and the date of issuance of the order Medical marijuana is distributed to qualified patients and qualified caregivers through a cooperative, pursuant only to a written or oral recommendation of a physician, which is nothing like a medical prescription because there is no date or quantity (215 Cal.App 4th at 1093) To the contrary, manijuana is in a class by itself. It is illegal under Federal law Further, it is like several other activities the City has singled out in the Municipal Code for special treatment because of their secondary effects on their neighbors, such as Chapter 5 24 Massage Establishments, Chapter 5 44 Entertainment Permits, and Chapter 5 70 Sex Oriented Businesses Consequently, the fact the City has not expressly permitted marijuana dispensaries establishes that they are not a permitted use in the Zoning Code and BECSP In summary, medical marijuana dispensaries have been a prohibited use within Huntington Beach since the City adopted Ordinance No 3788 in 2007 Recently, in order to clarify and broaden this longstanding prohibition, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific plan areas. Therefore, Staff recommends that the City Council deny Planning Application No 2015-146, Applicant's appeal, and request to obtain zoning approval, a business license, and a certificate of occupancy for a medical marijuana dispensary at the subject site Environmental Status The review of appeal by the City Council is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment Strategic Plan Goal Non-Applicable—Administrative Item 7 ,977nA Item IL - 7 HB -610- Dept ID PL 15-022 Page 8 of 8 Meeting Date 11/2/2015 Attachment(s): 1 Findings for Denial — Planning Application No 2015-146 (Appeal of Director's Decision) 2 Appeal from Applicant, CHC ORGANIZATION, Inc d b a Surf City Collective by Solomon Fishman President/CEO, c/o Cristian 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 204 18, Prohibited Uses 12 HBZSO Section 204 02, Use Classifications 13 Sections 2.1 8 and 2 2 of the Beach and Edinger Corridors Specific Plan 14 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated October 23, 2015 8 127704 HB -611- Item 11. - 8 ATTACHMENT # 1 ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-146 (APPEAL OF DIRECTOR'S DECISION) FINDINGS FOR DENIAL - PLANNING APPLICATION NO. 2015-146 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 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 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 119013 doc Item 11. - 9 HB -612- 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 Applicant's proposed medical marijuana dispensary is located in the "Neighborhood Boulevard Segment" of Beach and Edinger Corridors Specific Plan ("BECSP"), and not the Commercial Zone of the City Consequently, whether marijuana dispensaries are a permitted use in the Commercial Zone is irrelevant the Applicant's applications 8 Even if the dispensary was located in the Commercial Zone, it is not a permitted use HBZSO Section 211 04 lists all the permitted and conditionally permitted uses in the Commercial Zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use Further, dispensaries are not comparable to any of the categories of "Retail Sales," as identified at HBZSO Section 204 104 HBZSO Section 212 04 states that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use in the Commercial Zone 9 Although "convenience uses" which include "small scale pharmacies" are permitted in the "Neighborhood Parkway Segment" of the BECSP (BECSP Section 2 2 1 ), a marijuana dispensary is still is not a permitted use 10 Medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Parkway Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " The Council affirms the conclusion of the Planning and Building Director that dispensaries do not meet the purpose or intent of the BESCP 11 Medical marijuana dispensaries are not small scale pharmacies Pharmacies are licensed by the State Board of Pharmacy, in order to provide controlled substances, dangerous drugs, or dangerous devices by physician prescription A prescription includes the name of the prescriber, the name of the patient, the name and quantity of the drug or device prescribed, and the date of issuance of the order Medical marijuana is distributed to qualified patients and qualified caregivers through a cooperative, pursuant only to a written or oral recommendation of a physician, which is nothing like a medical prescription because there is no date or quantity 12 The City Council has chosen to ban any distribution or cultivation of marijuana in the City Medical marijuana dispensaries have been a prohibited use within Huntington Beach since the City adopted Ordinance No 3788 in 2007 In order to clarify and broaden this longstanding prohibition, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific plan areas 13 Zoning Approval of Planning Application No 2015-146 is denied because medical marijuana dispensaries are a prohibited use within the City of Huntington Beach pursuant to Ordinance 2 119013 doc HB -613_ Item 11. - 10 No 3788, and HBZSO Section 204 18, and dispensaries are not a permitted use in the Neighborhood Parkway Segment of the BECSP 14 Planning Application No 2015-146 (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 Pol/cy LU 7 1 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) The City has established that medical marijuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of a medical marijuana dispensary is not in compliance with the General Plan or the Zoning and Subdivision Ordinance 3 119013 doc Item 11. - 11 HB -614- FATTACHMENT #2 wRECEIVED CEP 14 2015 ECE Dept of Planning & Bpi€Iding 1 JOINT NOTICE OF APPEAL OF � ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUl`�Fk§SSip �0 2 34T Y C E R K C17T Of E TO CITY OF HUNTINGTON BEACH CITY CLERK & CITY COUNCIL 4 FROM APPLICANT, CHC Organization, Inc. d.b a Surf City Collective by Solomon 5 Fishman President/CEO C/O &to the Attention of Cristian L Peirano, Esq of Peirano&Associates, Inc. 6 1666 North Main Street, Suite 350 Santa Ana, CA 92701 7 Date September 11, 2015 8 RE- Appeal of City of Huntington Beach,Finance Director, Lori Ann Farrell& 9 Director of Planning & Building, Scott Hess's denial of business license application certificate of occupancy to operate medical marijuana dispensary 10 rendered on June 26, 2015 and Mailed Successfully on July 7,2015. 11 Pursuant to the Honorable Judge, Andrew P. Bank's court order dated September 3, 2015, the 12 City Council is ordered to hear Solomon Fishman's and CHC's appeal of the Finance Director's denial 13 CHC's business license application and the Planning &Building Director's June 26, 2015 letter of 14 denial. 15 16 Accordingly, Solomon Fishman on behalf of CHC Organization, Inc. d b a Surf City Collective 17 demand by way of this appeal that the City of Huntington Beach issue it a business license along with 0 18 applicable permits in order to operate medical marijuana dispensary at the location commonly known as• 19 19142 Beach Blvd, Suite Y, Huntington Beach, CA 92647 for the following reasons 20 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 24 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' 25 Ordinance No 3700. 26 ISSUE NO. 2: CHC, prior to operating, attempted to apply for business license, but was 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 fro HB -61 s- Item 11. - 12 JOINT ivviiun yr APPEAL OF 1 operating in the zone where CHC operated out of 2 ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 3 decision was defective in that HBMC section 5 08 310 clearly states that an applicant aggneved by an 4 decision of the Finance Director 5 04 through 5 16 may file an appeal with the City Clerk within 15 day 5 6 of the date of mailing and that such appeals be filed wth the City Clerk and not the Director of Building 7 and Planning as incorrectly being tasked with the appeal The notice of decision, however, states that th g appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days in 9 which to do so and according to the telephonic confirmation no submission is allowed by mail when al 10 others are allowed to do so. 11 Appellate demands pertaining to Planning& Building Director, Scott Hess' decision: 12 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 13 14 decision to deny CHC's certificate of occupancy be declared null and void as a result of the Director' 15 solicitation of application and the processing of the application without payment of fees first for the 16 application. 17 ISSUE NO. 2: That the City Council find and determine that the hearing conducted by the City 18 Planning Commission be declared null and void and without effect as a result of it hearing an appeal tha 19 was intended and paid for the purpose of being heard before the City Council and not the Planning 20 Commission. 21 22 ISSUE NO. 3: That the City Council find and determine that the fees paid by appellee for the 23 appeal to the City Council be refunded to the CHC and declared to have been misappropriated b 24 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordered 25 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept 26 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 27 demand that you do so and take into consideration the Court's statements that the retail sale of medical 28 aria does in fact constitute commerce ce.^rely, we demand, that the council in reaching it Item 11. - 13 HB -616- 11 JOINT NOTICE OF APPEAL OF 1 decision do so considering the laws in place at the time when appellant attempted to seek a business 2 license in the first place and not under the changes that the City has attempted to in place, after May 4, 3 2015. } 4 That's just — under these facts, doesn't fly. Because I got news for the city. 5 Medical marijuana is merchandise. Under the clear, commonly understood defmition of what merchandise is, it's some product that is for sale, some thing or 6 product, but a person who is in the business of selling it. [See Exhibit 1 Court 7 Transcript Statements by the Honorable Judge Andrew P Banks] ARGUMENT 8 I. The City of Huntington Beach's denial of business license application based on 9 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to 10 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 11 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 12 13 business license application its application for business license was denied because 14 Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington 15 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 16 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 17 zoning laws(HBZSO Sections 204.02, 2014 10, 21104, and 215 04) 18 See Exhibit"2" City of Huntington Beach June 26,2015, denial of business license application. 19 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 20 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858, ET. SEQ. 21 The City's June 26, 2015, denial of business license application by CHC d b.a Surf City 22 Collective makes it clear that the City thinks that it passed Ordinance 4059 on May 4, 2015 Passage o 23 an urgency ordinance, such as this one, is subject to particular procedures that must be followed by the 24 City adopting a zoning ordinance. However 25 Without following the procedures otherwise required prior to the adoption of a 26 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 27 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, 28 planning commission or the planning department is considering or studying or intends to study within a reasonable time HB -617- Item 11. - 14 _.,.,...., - ..,..,...... .. ---JOINT N ur APPEAL OF ... ---.., - _- I California Government Code section 65858(a). [Exhibit 3] 2 While enacting Ordinance 4059, the City invoked this provision "Pursuant to Government Cod 3 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 4 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 5 health, safety, or welfare" 6 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 7 dispensaries. 8 The ability to simply bypass procedures based upon the willingness of a city council to make 9 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 10 approval of additional subdivisions use permits, variances building permits or any other applicable 11 entitlement for use which is required in order to comply with a zoning ordinance would result in tha 12 threat to public health, safety, or welfare" (Gov Code § 65858(c)) would seem ripe for abuse, and the 13 City does just that Fortunately, subdivision (e) steps in to prevent the City's abuse: 14 When an interim ordinance has been adopted, every subsequent ordinance 15 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 16 termination of the first interim ordinance or any extension of the ordinance as provided in this section 17 California Government Code section 65858(e). (Emphasis added) [Exhibit 3] 18 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 19 marijuana dispensaries " No two interim ordinances can address the same subject on the same land for 20 the same reason and purpose. 21 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 22 The City admits there was a previous moratorium in the new interim ordinance "The City o 23 Huntington Beach also previously imposed a Moratorium on medical marihuana dispensaries " In fact, 24 the City adopted it on February 22, 2005 25 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 26 3700 —"An Interim Ordinance of the City of Huntington Huntington Beach Imposing a Moratorium on Medical Marijuana Dispensaries" with specific findings regarding the detriment to 27 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 28 moratorium The motion carried by the following roll call vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr Item 11. - 15-- NOES Cook HB -618- �� _.. JOINT NUiit-t up APPEAL OF 1 ABSENT None 2 City Council Minutes, February 22, 2005. 3 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t 4 California Government Code Section 65858(a) . . this interim ordinance shall become effective 5 immediately " (Ordinance 3700, § 4 ) Including the amendment to out the effective period down to 3 6 days, the moratorium expired on March 25,2005 and can not be re-enacted ten years later pursuant 7 to Government Code section 65858, subdivision(e) As a result, the current state of the law in the City 8 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 9 medical marijuana dispensaries 10 II. Solomon Fishman prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license 11 application because of the City's mistaken belief that its municipal code sections 12 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 13 14 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 15 its business licenses 16 "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 17 requirement, not a permit to conduct, manage or carry on any business activity within this 18 City (838-6/61)" 19 HBMC section 5 04 090 License not a permit [Exhibit 4] 20 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 21 and is not intended for regulation. (766-7/60) 22 HBMC section 5,04,020 Purpose [Exhibit 5] 23 According to the City's own pamphlets available on line as of the date of this appeal states the 24 following, 25 A City of Huntington Beach business license is not a regulatory license but is a 26 tax to help pay for the public safety needs of the people of Huntington Beach. 27 About Business Licenses, City of Huntington Beach's websrte- <http //www huntingtonbeachca gov/ 28 files/users/finance/How—to—do—bus—flyer pdf[Exhibit 6] HB -b19- Item 11. - 16 JOIN. 1TV __ APPEAL OF .. . Tnnr Tln n.In—TT,r-In n 710 Tnn.rrT v cTr•_T TUn T V-11P12 TIATFTI TTTNIP 1F Ifi14 i 1 Applicant's dispensary falls under the category of General Commercial under the City's land us 2 laws A property classified as general commercial can undertake retails sales of goods, such as medical 3 marijuana- 4 211.04 CO, CG, and CV Districts—Land Use Controls In the following schedules, letter designations are used as follows- "P""P" designates use classifications permitted in commercial distracts 6 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow 7 [***] g Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 9 elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under 10 the heading. CO, CG, and CV Districts: Land Use Controls 11 p =Permitted 12 *** Co CG [Commercial CV Additional 13 General] Provisions 14 Commercial 15 Uses Retail Sales - P P (V) 16 17 CO, CG, and CV Districts Additional Provisions 18 Huntington Beach Zoning Subdivisions& Ordinance section 21104 [Exhibit 7] 19 This is exactly what Applicant intends to do, which is perform retail sales of medical manjuana. This 20 is allowed in this zone for this property and for this purpose without the need for any additional permits as indicated under 21104 as cited hereinabove 21 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? These two questions are easily disposed of in the City's municipal cod 24 section that follows regarding the permitted use by Applicant under HBMC 204 10Y 25 a. The retail sale of medical marijuana is provided for under the City of Huntington Beac 26 municipal code section under: 204.10Y states Y Retail Sales The retail sale of merchandise not specifically listed under another use 27 classification. This classification includes department stores, drugstores,tores, clothing stores, and furniture stores, and businesses retailing the following_goods toys, hobby materials, 28 handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, recf)ri-z -z—rting goods, surfing boards and equipment, Item 11. - 17 HB -620- JOINT Nu i lCh UP APPEAL OF I kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive 2 parts and accessories (excluding service and installation) 3 Hunting Beach Zoning & Subdivision and Ordinances section 204 10Y. [Exhibit 8] 4 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City. 5 "Permissive," in circumstances such as 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 204.10Y 11 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under a 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 California Civil Code section 3482. [Exhibit 9] 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 17 211 02 Commercial Districts Established The purpose of the commercial districts is to implement the General Plan and Local 18 Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows• 19 [***] 20 B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach 21 Huntington Beach Zoning& Subdivision Ordinance section 211.02 [Exhibit 10] 22 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 23 within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 24 clear through its use of the terms "full range of retail businesses" meaning the complete spectrum o 25 retail businesses without any further qualification whatsoever. 26 This section does not say "a moderate range of retail businesses", "some retails business", o 27 "everything except medical marijuana" The City could have, but it did not. Clearly, persons, such a 28 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the, HB _621_ Item 11. - 18 JOIN . j7 APPEAL OF r-• nn —A-rVT1 TTTTKTV 71� 'In IC i 1 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 rights 4 involved with medical manjuana deal with certain inalienable rights. 5 "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 6 property, and pursuing and obtaining safety, happiness, and privacy." 7 California Constitution,Article 1, Section 1. [Exhibit 11] 8 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 9 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or better 10 tolerated through the use of medical marijuana. It also involves the right to be safe from chronic pain o Il medical conditions, which also affects one's rights to pursue happiness, all of which can be aclueve 12 through the use of medical manjuana. 13 The right to medical manjuana however, is not an absolute or an unfettered right. The right t 14 medical marijuana is subject to proscription under the language provided for under California 15 Constitution Art I. Sec 3(b)(4) that guarantees and mandates that if such a right is to be limited o 16 denied that such limitation or prohibition must be achieved through due process of law and under,equal 17 protection of law. In order to meet this mandate, those like the City seeking to limit or take away an 18 person's rights to medical marijuana, must do so through express words 19 "The provisions of this Constitution are mandatory and prolubitory, unless by express 20 words they are declared to be otherwise." 21 22 California Constitution, Article 1, Section 26 [Exhibit 12] 23 But the reality is that this property falls squarely within the classification general commercial and i 24 offered the opportunity of conducting general retail sales. The City's general commercial zones use 25 classification 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 handcrafted items, medical supplies, .." 28 HBZSO section 204.10Y Item 11. - 19 HB -622- 11 JOINT NOIICE Ok APPEAL OF I But this begs the question of how generous and expansive HBZSO section 204.10Y is. The answer 1 2 that it is wide open according to the stated intent of the City when seeking to define the universe of retai 3 that are included in the applicable use classification The answer is simple because the city clearl sales 4 states and its intention of what has intended to include in its retail saes 5 The purpose of the commercial distract is to implement the general plan anddislhoicts 6 coastal program commercial land-use designations. Three commercial zoning ourselves by this chapter as follows 7 [***1 fore of retail 8 B The CG general commercial district provides opportunities each the full rang and service this is being suitable for location 9 paragraphs not being used in the citation b HBZOS 211 02, ("***" indicating deletion of chapters or paragr p 10 11 applicant) learl the intended urvverse of retail sales encompasses the full range of retail business. Ful 12 C y' 13 range can be defined according to common parlance as the entire spectrum Thus, plainly and clearly, 14 intending to encompass anything and everything that can fall into this use classification. 15 b. Beach and Edinger Corridors Specific Plan (BECSP) also Establishes CHC's right t 16 operate a medical marijuana dispensary. 17 More importantly, even if we consider the application of the Neighborhood Boulevard Segmen 18 2 17 of the Beach and Edinger Corridors Specific Plan, CHC has a right to operate a dispensary un 19 at plans 2.2 Building Use Regulations under use types 2.2 1(g) "Convenience Uses." The designatio 20 � p 1 black dot"®" assigned in the category of use means"Included Use these uses are allowed'by right, 2 of a bla 22 subject to cite plan review" See Page 28 of book of development code [Exhibit 131 23 Appellate demands pertaining to Planning&Building Director, Scott Hess' decision. 24 to submit the business license application, th At the tune appellee went down to the City 25 p elle counter personnel at the Finance Department asked for the certificate of occupancy form, which a p 26 li ed There was no expectation that the certificate of occupancy would be acted upon at the tim 27 ob g 28 given that the Court's order allowing medical marijuana dispensaries to submit business licens HB -623 9 Item 11. - 20 jvii-41 ,,,%j..CE OF APPEAL OF __ ,, 1110 TnTKTTT v CTcNED LETTER DATED NNE 26,ZO15 1 1 applications was based in large part on Defendant's California Code of Civil Procedure section 526a 2 payer action That action claims that by the City wrongfully refusing business license applications an 3 corresponding fees that the failure constituted waste. 4 Therefore, at the time when the certificate of occupancy form was asked for by the City, there 5 was no expectation that it would be acted upon until after the Finance Department approved the license 6 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court had 7 8 declared that not accepting the application and not accepting the fees would be waste. 9 Nevertheless,much to the surprise of all of the medical marijuana dispensaries that applied for a 10 business license pursuant to the Court's May 29, 2015 preliminary injunction against the City the 11 response to the application carried with it an unexpected surprise. a joint letter of denial The joint denial 12 was from the City Finance Director,Lori Ann Farrell,but also a Planning&Building Director, Scott 13 Hess for the certificate of occupancy application that the Finance Department received without payment 14 15 of any fees. 16 The letter summarily determined that appellee could only appeal the decision to the City's 17 Planning Commission and only appeal the Planning and Building Director's decision and not the 18 Finance Director's decision. This was strange as no fees were paid for the processing of a certificate of 19 occupancy so no decision should have been rendered 20 permits, certificates, development All persons submitting applications for any p 21 agreements, map approvals, or zoning map or text amendments, or any other approvals as 22 required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and 23 charges Huntington Beach Zoning & Subdivisions Ordinances section 240 06 Fees &Deposits [Exhibit 14] 24 The mandate that the certificate of occupancy be paid for is absolute, no discretion, becaus 25 2 "shall" is the utmost and strongest form of command No fees were paid and therefore no processing o 27 the application should have ever been made and therefore no need to appeal a decision that never should 28 have been made Item 11. - 21 1x13 -624-0- JOINT NOTICE OF APPEAL OF ___ ^ TT^ I III. CONCLUSION 2 Now, before attempting to make a decision on this demand for an appeal joint letter of denial as 3 ordered by Honorable Judge Andrew P Banks, we believe you should ask yourself the following ' 4 questions 5 1 Why did it have to take a court order for a preliminary injunction to get the City to accept 6 7 business license applications for medical marijuana dispensaries9 [Voice Recording] [Exhibit 15] 8 2. What law,policy,regulation or custom and practice did the City have in place that allowed 9 City employees to know that they could refuse to provide a business license application tog 10 3 What law,policy, regulation or custom and practice did the city have in place that allowed 11 City employees to determine on their own what class of persons that they could summanly reject at the 12 counter and refuse to accept business license applications and fees from9 13 4. What law,policy,regulation or custom and practice did the city have in place that allowed 14 15 City employees to direct all medical marijuana dispensaries to go the City attorney's office if they 16 should want to apply for a business license9 17 5. What law,policy,regulation or custom and practice did the City have in place that allowed 18 City to issue a written statement to every applicant seeking a business license application for medical 19 marihuana dispensary"that it 1s futile"to attempt to procure a business license in the City of Huntington 20 Beach? [Exhibit 16] 21 6. Under whose direction did the City's Planning and Building Director, Scott Hess, decide that 22 23 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 24 dispensaries falsely claiming that no policy decision of his was ever successfully appealed that he later 25 admitted he never gave9 [Exhibit 17] 26 7 Why has the City attorney chosen to represent to the Courts that the City can regulate through 27 its business licenses when its own laws and statements to the public clearly establish that it cannot? 28 [Exhibit 18 statue & online pamphlet] JOB,HBv 625-JF APPEAL OF Item 11. - 22 TAT-T-nTTVIC' Tnn.rrr v QT(:,JP T)T FTTFR DATED JUNE 26 2015 1 8. Why has the City Attorney represented that the First Step in getting a business license is to go 2 to the Planning and Building department when the City,s own diagram with instructions on its web page 3 clearly showed that the"first step" was to go to the Finance Department on the First Floor? [Process] 4 [Exhibit 191 5 e the diagram establishing that the first step 9. Who decided overnight, on May 2, 2015,to Chang �' 6 a business 7 in getting a business license was to go to the Finance Department to the"first step" in getting g license was to go to the Planning &Building Department? [Exhibit 20] 9 10 Under whose direction did the City's Fiscal Services Manager, James Slobojan, decide that 10 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 11 dispensaries claiming that he had checked the City's records and that he could find no application for 12 nor cataloging an business license when the City had a custom and practice in place of not accepting g g y 13 business license application from any medical marijuana dispensary? [Exhibit 211 14 11.Under what authority was the Planning&Building Director, Scott Hess, acting under when 15 16 he decided to process without payment a certificate of occupancy? 17 12 Under what authority was the Planning &Building Director, Scott Hess, acting under when 18 he decided that he would talce CHC's July 17, 2015, Demand for Appeal of Denial of Business License 19 by Director of Finance and commandeer it to be heard by the City Planning commission and not the City 20 Council as it should have in the first place?The Court, on September 3, 2015, in this case had to order 21 the City Council to hear this appeal because Mr. Hess and the City Attorney refused to allow the appeal 22 23 and make its way to you as it should have 24 13 Under what authority was the Planning &Building Director, Scott Hess, acting under when 25 he decided that he would take CHC's $449 00 payment for the appeal of the Finance Director's decision 26 and use it for an appeal of his decision which CHC was not appealing?Payment was made under 27 "protest" further reinforcing the fact that Mr Hess misappropriated City money. [Exhibit 22 28 r -etnm i practice did the City have in place that allowed Item 11. - 23 14. What law, policy, regulation o HB -626- JOIN 1 NU 1 lt-E OF APPEAL OF � 01--n T RTTPR r,aTFn IT NE 26.2015 I the City Clerk to refuse to accept CHC's appeal (as well as all other medical marijuana dispensary 2 clients' appeals) when she is mandated to accept its appeal under HBMC § 5 0 8.3 10 3 15. What law,policy, regulation or custom and practice did the City have in place that allowed 4 its City Clerk to refuse to accept CHC's fees for an appeal (as well as all other medical marijuana 5 dispensary clients' appeals)that she is mandated to accept payment for under HBMC § 5 08 310 6 16 Up until the filing of the instant action why did the City have a Custom &Practice of falsely 7 8 accusing each and every single medical marijuana dispensary defendant of selling medical manjuana to 9 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that 10 no such event had occurred? We provide you with the letter retracting the false allegation from not,only 11 the complaint in the case involving CHC but also Med Aid [Exhibit 23] 12 17 Why is the City now claiming in its complaint that CHC made illegal alterations to the 13 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 14 15 had found no such violations even when he accompanied the Fire Department on February 24,2014? 16 [Exhibit 24] 17 18 Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 18 marijuana dispensary applications for business license without crossing off the personal information 19 containing social security numbers,birth dates, and tax identification numbers Why did none oft e 20 other attachments on the City's Planning Commission's agenda carry the same mistake for non- 21 22 dispensary applicants? 23 19. Why did the City fail in its fiduciary duty to disclose to the dispensary appellees that their 24 information had been leaked? 25 20 Why did the City's Finance Director who was mandated by the Honorable Judge Andrew P. 26 Banks May 29, 2015, preliminary m]unction to review and make a determination on appellee's busines 27 25 license application not make the decision herself, as revealed at the Planning Commission August 28 2015 hearingb Mr Hess' own staff members. _ y HB -627-3 Item 11. - 24 10114, -,,j, %,, OF APPEAL OF , 0 TnT,.,Tr v ZTrrTPn r'PTTFR nATFD TUNE 26 2015 i 1 21 Why did the Directors of Finance and Planning and Building provide a joint rejection? 2 All these questions, when considering the gravity of the circumstances,paint a picture of the City 3 at its worst, actions speak louder'than words Therefore, you have a choice to make One, respect the 4 rights of all people under your stewardship or frustrate the rights of those you don't agree with—simpl 5 6 because you can. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A Item 11. - 25 11B -628-- JOIN i voj �F APPEAL OF TnrwrrT v cTnwrFT)T T;TTPD TIATPn T1TNF U 7(115 r f 4 r f EXHIBIT NO. 1 HB -629- Item 11. - 26 1 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER 3 DEPARTMENT Cll 4 5 CITY OF HUNTINGTON BEACH, ) 6 PLAINTIFF, ) 7 VS. ) NO. 30-2014-00745511 - 8 DANIEL GARFIELD RICHMOND, ) 9 DEFENDANT. ) 10 1 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 3 . 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 Item 11. - 27 HB -630- 9 1 GUESS IT WAS THE FINANCE COUNTER. I FORGET HER NAME, E i 2 BUT I RECALL THAT IT WAS A WOMAN -- AND, "THAT IT' S 3 ALWgYS 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 t 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 i 25 MERCHANDISE. SO IS MEDICAL MARIJUANA. NOW, IS IT -- 26 COME WITHIN RETAIL SALES? I THINK YOU'VE GOT A STRONG HB -631- Item 11. - 28 L10 1 ARGUMENT. I 'M NOT RULING BECAUSE THAT -- I DON'T GET 2 THAT FAR, BUT IT' S ONLY BECAUSE THE PLAINTIFF USED 3 SELF—HELP. 4 THE APPROACH FOR THE PLAINTIFF SHOULD HAVE BEEN 5 BEFORE YOU OPENED, GO DO THAT WHICH WAS DONE. WHEN F 6 YOU' RE REFUSED EVEN AT THE FINANCE COUNTER, YOU COME E 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 r 13 THERE; BUT I WOULD ASSUME IT GOES TO THE COUNCIL. 14 AND IF THE COUNSEL SAYS, NO, WE' RE STICKING 1s WITH THIS, " YOU COME INTO COURT ON A WRIT OF MANDAMUS i 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 t 19 ISSUES. 20 BUT I' M BEING ASKED TO ISSUE AN INJUNCTION -- A c _ _ 21 PREL.IM NARY INJUNCTION , WHICH IS AN EQUITABLE -REMEDY;-- ----" i 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 Item 11. - 29 HB -632- 10 1 ARGUMENT. I' M NOT RULING BECAUSE THAT -- I DON'T GET 2 THAT FAR, BUT IT' S ONLY BECAUSE THE PLAINTIFF USED 3 SELF-HELP. 4 THE APPROACH FOR THE PLAINTIFF SHOULD HAVE BEEN i 5 BEFORE YOU OPENED, GO DO THAT WHICH WAS DONE. WHEN t F l 6 YOU ' RE REFUSED EVEN AT THE FINANCE COUNTER, YOU COME 4 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 i 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 PREL:D WARY 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 -6331- Item 11. - 30 _ t M V �II i i f t r I 4 f EXHIBIT NO. 2 t Item 11. - 31 xB -634- e t t t i EXHIBIT NO. 3 HB -635- Item 11. - 32 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 4 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 foi 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 f effect 45 days from its date of adoption.After notice pursuant to J- r 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 Iegislative body (2)The interim ordinance is necessary to mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1). Item 11. - 33 HB -636- (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 i 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. _ Hs -637- Item 11. - 34 i r k 1 f l k i t 1 F EXHIBIT NO. 1 i i Item 11. - 35 xB -63 s- 5 04 090 License Not a Permit 9/11/15, 11 31 AM 4 - yin Ur! tue ._ tom`=Gi a"I'd C�^r�w� �u a t t� i � _ 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. (83 8-6/61) ; View the mobile version. 1 i z http//www gcode us/codes/huntmgtonbeach/view php?topic=municipal_code-5-5_04-5_04_090&f ram es=on Page i of 1 HB -639- Item 11. - 36 i , r } f t t i , r I r EXHIBIT NO. 5 Item 11. - 37 HB -640- 04 020 Purpose 9/11/15, 11 31 AM a. : LE z,u v ch wi t Cs - �: y t ectln!� AS 1'4'er: iAE;'a SeaFwi4 MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 04 GENERAL PROVISIONS 5504.020 Purp®seThe 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 _ ttp//www gcode us/codes/huntingtonbeach/view phpl�topic=municipal_code-5-5_04-5-04_020&frames=on Page 1 of 1 HB -641- Item 11. - 38 f E a , F r x k i I f t { i i 3 t EXHIBIT NO. 6 Item 11. - 39 HB -642- BOUT BUSINESS LICENSES... '. elcome to the City of Huntington Beach business _ mmunity This information guide is intended,as a, , d - - mmary of information you will need to know in You can obtain an application from City Hall, or �, Certificate of Occupancy re i= ter to operate a business in Huntington Beach download one from our websfte at P Y required t _ G P g www huntin tonbeachca ov Look under the Planning and Building Dept for businesses rr its guide is provided as a public service It is not commercial or industrial location Calf (71 -inclusive and any s cific questions should be Finance Dept for Business License Complete the ected to the businesseLicense Division at (714) application and bring it to Doty Hall on the 1Bi 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 /Sw 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 rose is no# a reu a o ry license but need to fill out an application for a Certificate of your awn last name Contact the Gout pa or a re Ilc safety needs of the people Occupancy for the Planning and Building Clerk's office at (714) 834-2889, go online un Inq on eachDepartment, who can be reached at (714) 536- httn Ilwww oc ca gov/recorder or contact yc �-� -- 5271 local newspaper office • F ' a . a . ' * /lN Special Permits- required by the Police DE for certain types of business activities Sor to City of Huntington Beach Municipal Code The business license cost is based on a flat tax examples are firearm dealers, pawnbroke juires most businesses operating in Huntington plus additional amounts if there are more than 3 psychic reading, massage, live entertamme :ach to pay an annual business license tax employees, more than 1 business vehicle ar coin and bingo Cali (714) 536-5267 or the Paii isiness Licenses are not transferable between operated machines A typical business license Dept at(714) 536-5991 for more informati triers, however, they may be transferred to a new starts at $75 plus a non-refundable processing fee, �, Seller's Permit {Resale #) - required b ration upon notification to Business License and $41 60 Additional amounts added are as follows proval by the City Planning and Building I State Board of Equalization if you :pertinent All businesses, Trades, professions, Additional Employees 4- 12 $4 00 each merchandise Call (949) 440-3473 or x 13 52 $3 00 each www ties ca goV llings, or occupations operating in the City need 5 Business License These include but are not ' 2 $2 0D each /y Health Permit - required for food handlir cited to Additional vehicles Under 1 ton $12 00 each permanent make-up, tattooing or bo Any business in a commercial or Industrial 1 ta'3 tons $35 00 each piercing 3 Contact O C Environmental Health location Over 3 tons $46 00 each ( ) Persons why have a hams office or use their Home-'based businesses are required to pay a one- /I' Federal Tax to - required if you ha carters of their business time fee of$2 00 for a Home Occupation Permit, in employees, are incorporated, or have home as the headquarters addibon to their license registered partnership Call (800) 829-1040 Businesses, which are located outside the city, visit www its 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, +'� requWorired i Compensation loy insurance .services,fum(gators,telernarketers etc vending machines, out of town contractors, pool required if you have employees Contact yc halls} Call (714} 536-5267 for these licenses lacel insurance agent, state fund or vi Independent contractors such as doctors, w\Alw dir ca oovlworkers'_comi3 html real estate brokers, hairdressers, janitorial /lb' Liquor License - required by the State De contractors, and home party demonstrators e ■ . M a - a A • • of Alcoholic Beverage Control if you sell Apartment owners of three or more units _A business_ license may be issued at City Hall_vAile serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sell merchandise from you waitwait. Your app i e complete aw nd www abc ca av their vehicles, such as gourmet food trucks and include all necessary documents You may need /b 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 seasonal business application may also be mailed to City Hall Be sure (714)536-5271 _ .c- ..,e — _ — __ il._ ---1 _..a__ How to Obtain a hat if I Don't Obtain a License? fW How To Do Business in the City of Hunbngton mducting business in the city without a-license g;e5ch - a guide to Economic Development License n result in penalties, Notices of Violations, and __, huntrngtonbeeQhca uavldeoartmentslED - - - - - Iministrative Citations It is a misdemeanor to - J(late the City Business License ordinances i®1 Huntington Beach Small Business Assistance in Center located at the Huntington Beach 1 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 :w at the fixed location of,the business i For )se businesses without a fixed -location, the U 5 Small Business Administration -- provides sponsible party must carry the business license financial assistance programs, guide to f Ei th them while conducting business in Huntington resources and workshops (714) 550-7420 or li ,,ach www sba gov ' �� SCORE Service Carps - of Retired aw Often Do I Need to Renew It? Executives Workshops and counselors for islness licenses are renewed annually A small businesses Call'(714) 550-7369 or visit urtesy notice is mailed 3 weeks before the due www score114 ory to However, you are responsible for renewing ur license whether or not the renewal notice is California Permit Assistance Center served 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 you arged Notices of Violation and Administrative + ! Small Business Corner - helpful information Cations may also be issued about taxes from the IRS, www irs gav ni Moving to a New Location In the City. ��I Small Business Development Center - City of, Huntington BeaCl ease notify us of your new address, phone provides help to small businesses through fnher, and.any otherl changes to your business '1-on-1 counseling workshops and, education R' l3t isi ness LICEnSe ter compliance with any applicable city semina�sl Call° 71'4), 564-52001 6r, vi rt� ff juireinen#s, your lousiness license may be I i ;www ocs6dc born j l l 2000 Main Street dnsferred to the new location for a small fee If u are moving to a new commercial location, you 1st, Floor I need to apply for a new ,Certificate of r r a a IN - a ► - a - ; ;, :cupancy getter Business°Bureau (714)985-8915 1; Huntington, Beach f hat If I Stop Doing Business or Move,Away. Building Permits 714{ )536-5241 CA 92648 t us know in writing if you want your license Chamber of Commerce' (714)536-8888 rlcelled No refunds are given when the Community Services Dept (714)536-5486 : Phone: 714 536-5267 siness ceases f Consumer Affairs Dept 1 (800)952-5210 Fax: (714) 53 -5934 ir4 I Transfer Myi License to Someone Else? Contractors State License Board (800) 321-2752 € 'siness Licenses are not transferable from one , mer to another ,11The new ov�ner must apply fora Employment Development Dept (888)745-38$Ci }i Hours: $:{jt3 am _ :dQ pm _ siness license €n!their name l 1� ff' (800 852-57 1; Monday to Friday �. Franchise Tax Board Here Do I Find You? Office of Secr 653-3794 1 i www.huntingtonbeachgaa.goy .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 1A state Compensation Ins Fund (714) 565--5000 buslness,hcense@surf�ity-hb.or or Enter the main Administration Building and -- low the signs to the Business License counter Zoning Department (714) 536-5271 F - 1 k EXI-IBIT NO. 7 HB -645- Item 11. - 42 211 04 CO,CG,and CV Districts—Land Use Controls 9/11/15, 11 36 AM �!,unt,zt ton ffea-ch ChartEr and ('.'odes Up Pve LtIco L:S Ne,-t Main S a-zh Pf-:nt k10 ZONING CODE Title 21 ZONING CODE—BASE DISTRICTS Chapter 211 C COMMERCIAL DISTRICTS 211.04 CO, CG, and CV Districts—Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions"that follow - —-- = "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. - "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator "TU" designates use classifications allowed upon approval of a temporary use permit TX"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 classificatibn.s under the heading CO, CG, and CV Districts: band Use Controls � e i Pnntted 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 pennrt on site of conditional use -=Not Permitted L 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 - p//www qcode us/codes/huntingtonbeach/view php7topic=zoning-code-21-211-211_04&frames=on Page 1 of 7 Item 11. - 43 14B -646- 11 04 CO, CG, and CV Districts—Land Use Controls 9/11/15, 11 36 AM Community and Human Services Drug Abuse Centers - PC - Priimary 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 r PC PC Day Care, General L-3 L-3 - Day Care, Large-Family P P - (Y) - Emergency Health Care L-2 L-2 - Government Offices P P PC Heliports PC PC PC (B) Hospitals PC PC - Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA PC - -- Schools, Public or Private PC PC - - Utilities, Major PC PC PC Utilities, Minor P P P (L) Commercial Uses (J)(Q)(R) Ambulance Services - ZA - Animal Sales & Services _ Animal Boarding - ZA - --- Animal Grooming - P - Animal Hospitals - ZA - A=—als=Retail Sales f - 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 - ttp//www gcode us/codes/huntingtonbeach/view php?topic=zoning-code-21-211-211-04&frames=on Page 2 of 7 HB -647- Item 11. - 44 211 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/Dnve Through - P P W/Live Entertainment ZA ZA ZA (W)(Y) ` W/Dancing PC PC PC (IT) W/Outdoor Dining ZA ZA ZA N(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 - Manne 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 "(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 httn//www orodP uc/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 3 of 7 Item 11. - 45 HB -648- 11 04 CO,CG, and CV Mstricts—Land Use Controls -- - 9111/15, 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 Residential Hotel - PC - (J) -__Single Room Occupancy -— - PC Industrial (J)(Q)(R)(V) ` Industry, Custom - L-6 L-6 , Accessory Uses (j)(V) Accessory Uses & Structures P/U PM P/U Temporary Uses (F)(J)(V) Animal Shows - = TU - Circus and Carnivals and Festivals - TU - Commercial Filming, Lnnited - P P (M) , Real Estate Sales P P P Retail Sales, Outdoor - TU TU i 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 Zonmg 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 Coinmrssion if the space exceeds 2,500 square ttp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211-04&frames=on ,Page 4 of 7 HB -649- Item 11. - 46 111 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�ubhC_ 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 - - - - 0 The instruction area does not exceed 75% of total floor area of the personal-enrichment building area 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. Reserved ---- - - - -- - -- --- (B) See Section 230.46, 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,eeniporary Use Permits _- --- - - - -- - - v (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 Entertauu-nent Premises, and Chapter 5 70, Adult Entertainment Businesses (I) Only permitted on a major arterial street, and a passive or active outdoor recreational ainemty 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 php?topic=zoning_code-21-211-211_04&frames=on Page 5 of 7 Item 11. - 47 HB -650- 11 04 CO,CG, and CV Districts—Land Use Controls - _ _ 9/11/15, 11 36 AM devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development.No office or residential-uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway (K) See Section 230 42,Bed and Breakfast Inns ' (L) Collection containers are permitted in all commercial districts; recycling facilities as an accessory,use to a permitted use shall be permitted upon approval by the director with Neighborhood Notification pursuant to Chapter 241 See Section 230 44, Recycling Operations (M) Subject to approval by the Police Department, Public Works Department,Fire Department and the director See also Section 230 86, Seasonal Sales (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process (1) Retail markets with no more than 10% of the floor area devoted 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 i (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 u1 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 Administiator 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. 4 (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-onented commercial activities including specialty and beach related retail shops, restaurants,hotels, motels,theaters, museums, and related services (W) Non-amplified live enteitammerif 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 Zomi�g Administrator Outdoor dining without alcohol sales that is 400 square feet of 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. ittp//www qcode us/codes/huntingtonbeach/view php?topic=zoning-code-21-211-211_04&frames=on Page 6 of 7 HB -651- Item 11. - 48 ?11 04 CO,CG,and CV Distncts—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 - 1 f 5 _ _ T i tp//www gcode us/codes/huntmgtonbeach/view php?topic=zoning code-21-211-211_04&frames=on ;Page 7 of 7 Item 11. - 49 xB -652- E f r S t EXHIBIT NO. 8 HB -653- Item 11. - 50 104 10 Commercial Use Classifications 9/11/15, 11 38 AM _ r Co Uri c� ��ic�tu reps ; Mart Search Ptirit N0 Fr mZ!5 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. Tlus classification includes activities such as feeding, exercising, grooming, and incidental medical cafe, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis This classification includes boarding for a maximum period of 48 hours 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use 4 Animals, Retail Sales Retail sales and boarding of small animals,provided such activities take place within an entirely enclosed building This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5 Equestrian Centers Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6 Pet Cemetery Laird used or intended to be used for the burial of animals, ashes or remains off'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 r automobiles. E Building Materials and Services Retailing, wholesaling, or rental of building supplies or equipment Thus 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) i tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page i of 5 Item 11. - 51 HB -654- X 10 Commercial Use Classifications = 9111115,11 38 AM H Commercial Recreation and Entertainment Provision of participant or spectator recreation or entertainment This classification includes theaters, sports stadiums and arenas, amusement parks,bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32, dance halls as regulated by Chapter 5 28, ice/roller skating rinks, golf courses,miniature golf courses, scale-model courses, shooting galleries, - tennis/racquetball courts, health/fitness clubs,pinball arcades or electronic games centers, cyber cafe having more than four coin-operated game machines as regulated by Chapter 9 28, card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5 72 Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet I Communications Facilities Broadcasting, recording, and other commuiication 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 f 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/4 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 Caternig 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 oY 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 ar6 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/EqupmentRepair) --- --- Q Marine Sales and Services Establishments providing supplies and equipment for shipping or related tp 1/www qcode uslcodeslhuntingtonbeachlview php?topic=zoning_code-20-204-204_10&frames=on Page 2 of 5 HB -f 55- Item 11. - 52 34 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 associa�ons 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. F 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 (exc�ludmg large-scale bulk cleaning plants), photo-copymg, 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 WfAsis. _ Y etail Sales The retail sale of merchandise not specifically listed under another use classification This assification includes department stores, drug stores, clothing stores,and furniture stores, and businesses retailing the following goods toys, hobby materials,handcrafted items,jewelry, cameras,photographic supplies,medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment,kitchen utensils, hardware, appliances,antiques, art supplies and services,paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation) Z Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5 36 This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops _ AA Sex-Oriented Businesses. Establishments as regulated by Chapter 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 p//www gcode us/codes/huntingtonbeach/view php?toplc=zoning_code-20-204-204_10&frames=on Page 3 of 5 Item 11. - 53 1413 -656- ,4 10 Commercial Use Classifications 9/11l15, 11 38 AM 1 Automobile Rentals Rental of automobiles, including storaZD ge and incidental maintenance,but excluding maintenance requiring pneumatic lifts 2 Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles 3 Commercial Parkin Fa ili _ Lots offering short-term or long-term parking to the public fora 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 4 other vehicles 5 Vehicle/Equipment Repair Repair of automobiles, trucks, motorcycles, mobile homes,recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts This classification includes auto repair shops, body and fender shops,transiriission_shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. Limited Light repair and sale of goods and services for vehicles, including brakes,muffler,tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery,painting, and rebuilding or reconditioning of vehicles 6 Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,-motorcycles,trucks,tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment,including storage and incidental maintenance. 7 Vehicle Storage The business of storing or safekeeping of operative and inoperative vehicles,for periods of time greater than a 24 hour period,including,but not limited to,the storage of parking tow- aways, impound yards, and storage lots for automobiles,trucks,buses and recreational vehicles,but not including vehicle dismantling. GG Visitor Accommodations - 1 Bed and Breakfast Inns Establishments offering lodging on a less than weekly basis in a concerted 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 Thus 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(D The primary function of the Condomitnium-Hotel is to provide oven-light transient visitor accommodatiions witlun 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 when e 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 HB -657- Item 11. - 54 204 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 Tess 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 _ f i http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 5 of 5 Item 11. - 55 HB -658- Y i EXHIBIT NO. 9 HB -659- Item 11. - 56 California Civil Code section 3482 . Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. F C f t I , Item 11. - 57 HB -660- 1 EXHIBIT NO. 10 xB -661- Item 11. - 58 11 02 Commercial Districts Established 9/11/1-5, 11 39 AM Xtu f`n t,z S wavi 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 laird 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 r p//www ocode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_02&frames=on Page 1 of 1 Item 11. - 59 HB -662- i t r i I I' EXHIBIT NO. 11 xB -6631- Item 11. - 60 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. t Item 11. - 61 HB -664- EXHIBIT NO. 12 HB -665- Item 11. - 62 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 11. - 63 HB -666- { i , I EXHIBIT NO. 13 HB -667- Item 11. - 64 2.2 BUILDIWG Use REGULATIONS c)EnterklairrsterdAlricfwra Convene n Was Definition An EA"shment proved- ovie theaters De6mtion 1 bi na losses Willis Snail soak pharmacies For the i of this Plan,all permitted and conditionally permuted budd tag resources or activities for exerene, food and ads,or providing onus» 9x rpoaes p 1ng rases P @ Smaul scale or rood salts relaxattol,or enjoyment that is at least nteAtce tots,to sorvs nearb i have been alasaifiad into Use Types Each Use Type is defined to text below and 93,000 squaw[set in size and is a proven y reaidan- Convenience status • tt tghbarhaoda such as those Gated t includes uses such ax these listed in eha accompanying Use Charts -fhe Ux Charts gerterstor of significant pedestrian name Deltcaupens,cafes,bakeries • include specific pemutted,conditional and prnhihrted uses for each Use Type and sales such as those lase Florists • Uses listed as'Permitted'in the Development Standards Charts are firtherregulated I Hardware stores/lock&key harem and are defined as uses Perrot tied by right subject to approval at a Stte Plan shops, • Review Uses listed as cwrdrt<onal In this section arc defined as those which require Video rentals • special consideration either of[hear impacts on the neighborhood and land uses to the &DiInld lls!NM Eating&dnnl king estabbsbments vWmery anwor of them physical organization and design.A coaldrttanal use shall be Definition ResaeuAria,hats,crutex,ar Full.aeivice WI lags than 12 scats considered for approval of the proposed use conforms with all requirements specified other dr>nlanglcnterialriment establish- wl Outdoor diming in the conditional use policy,and if it confofiris with the goals and viwon of the m`at5 such Ar those listed wl Live entertainment c hi Business Ufflcts Plan wl Dancing c Definthan Small to niedtum sized liusi Banks a All ermined uses for 9 Single Canter at Se t wl Alcohol c passes vtdm srrvroes to local bmt- p n${ Segment arc allowed either alone or n Vendor carts s ces or ataueds passes and rcgdants such ax those listed Moi11 ah sorvscros c ambmation wnih any other pamrtaeduses ouches aparcel Proposed use6[bat are oat �MWyexplicitly listed in the Use Charts may be permitted[fit is deterrmaaed by tee Planning Aduh eusedausaxeaH facn9rutas n & nmingDirector riot tare proposed uses eawt the pteSpose and in#tit of the Pin Spsial Conditons for Busncas Services e Legend Special Conditions for Fatwg&Drinking Esabhshimms; Not Permitted (1) VendorCares spaces,ors%D dswithm the public tight-uf-wayshsll requoty (1) t:risanctal services shall be permWcd in this category providing that they z arc offer servieea chat catty to and generate pedestrian traffic Other O • Lscluded Use these uses Ara allowed by tight,sub to Site plan Review a oondnlonad use permit financial services uses are to be considered under'3)Offices'in ttii i Conditional Use these cases require a condrilanal use permit They are allowed (2) Chain andrables for onto oordrntng shall be permitted anxidewA9kS within section c if they Ara deerned by the approVmg body to malls the purpusa and inneat of the the setbacks Tone and within the public right --wry pmvtdcd that Gi Plan _- ------ i p ----—� —�— (a) The use maintains a menirnum five-foot wide unobstructed portion of I opal Z.2 1 USE TYPES unimpeded pees Dafintuoa Sinall to medrum sized Barbershops/lair&runt salons a H sadewaik corridor which is clear and tie ed for estrean traffic �-�--i '1c Y=w businesses providing services to loeal linne "Ions&.gas • '"�"' Leg ST W (b) The use lumps the full width of the building entrance clear and households such me V:Lt ,:`f &karate studios • unimpeded for building access Yoe ct) Ocorral Retail Requtrermlits Dry deanin establishments (1) Minimum interior height for ground level ictatl of all types is fourteen Self Service leundroduats pd} (14)het from ftor to ceiling Use inversions in on cleating building may not be required to mat this requirement tin iia ® s �}P enwgud Enrlclisnent SaMiaa ey Aefinano.General road establishments arcl&accessory stores • DeSrtnuon Praviswn of tnstrud aped Driver edueataan (2) An outdoor y uses featuring outdoor sales or outdr storage not ciculy anetllary selling quaittylspoctalry goods such as Book stores • seivwes or facilrues Ya p,dance martial arts or other • to use shall require a Conditions Use Permit those listed Art galdcnes r fatness sludios 5 d GioedsAushm Large Scale Goods goods chat due open au markets a Fox arts&cal is • Diefinauon A"regional destination" Papartment atoms • to Chair$me,may require close access Second hand 1 antique stases ■ Q non-food rotail stare that is at Seas[ General merchandise stores • by can and trucks such as appitam" Appliance A.ciecimaecs scores • ee CernMftgoi&R 30 OW square feet in size and is a prov- Bade sit mares • docrronica,sporting goods.furnitinc, Sperling goods amiss • Definition Businesses providing fPImb g xxervtcaen gcxlerator efstgnificant pedeaanaiElectrawcs supentuues • and home fnsuahtngs Furniture&home furatstungs Services to tnduarty services that era an.loaner"Win&and apptt-traffic and sates such as those hated C�uafay horn.dshores industrial ui nature or services thatare e re rsit erstoras bast waned uo en auto-a retied enviro♦- s Stations c meat such as those baited w fal C4mmuslply Orr sited An ors f)rdHMq5W Reelrejoign &AW nment 4 Lem Scdle Cgimmerdol Goods C1 Defirution A"local dutinatiat"can- Supennarkeis Definition Esta6lsshments providing Sinall scale movie td,calcm • Definition Bustneasea whose primary Warehouse read aa' vcnlenoe stare that ra at least i5,060 S food markets • resources or acuvtues for exercise, ltovriing centers&bs6ltsad VDis + aeit is the sale or 1T of large nY 8 lEguipitcaltotail • sglmm feet in Vida mid a a proven Pharmacies&convenience relaxaloa,or enloynaert such as those scale/cornaterctal goods that arc net gencruor of pedestrian traffic and space a Health&exericise clubs • Cr7[1�ritclion supply sit erstoers Itsied - Particularly wail caned to pedestrian Q such as those listed Amusement arcades • Restaurant supply • (� Comanuntty anetiod aknchors drsu°iax and diet reluara dent access 6y Oq over 43 Oo0 s f ° cars and rrutls such ens those 4atcd Auto stares • ��/� rH I^I i t� 110 r-! mil Vrihkle Stiles 4}, ^dglAgr a; =_ram' Y g, i '•�—'. 2.2 2 5PECIAl,RETAIL CONFIGURATIONS I3efinrtton Busariasaea that self any Assisi rehecle oaks Dmaktion Short-term commercial lodg- Bed&breakfast guest houses ■ kind of motanxed vehicle such as those Ong facilataes such as Chase Iaated Hostels • r]) ,T1ClIIIt>tillII s i_r. i listed Hazels&mows Special Kroul CooBgusanons limit the size of indtvidual tenants and the total amount of rear I permitted for Neighborhood Center and Comer Store retail"clusters as 2} Cl�fr sRd�SlYkttsRl ,1 e:ems* ,: '�r� p -- well as the provrnon ofdrive-through semoes Defintuaa Services(arackud tag educa- aasembl • - Dean;ran A drwelhng unit in which the Lire-work units * 12),,ftegulabon lion and utilities),cultural tnalitutsous. Basab&A.football,soccer,actions, • occupant canducts a lame-based busy and recreational facilities made avail and other sports fedds and courts mess or enterprise t) Where retail is permitted as part of a Netghborhood Center,Corner Store,or able to tho general public for free or at a Comma uiy centers dnve-through it shall conform to ptc following size and location requirements Ediacasaatlal faraltttes seasonable cost such as those ksted. t) Special Conditigns for Ltve-Wofk Indoor publicrecreation facilities • (1) Work acuvmes that require hazardouagassembly,including fabnoWnn, a) 1Vefg'hSorhood Center Libraries • manufacraring,repair.or processing operauoirs such as welding and woodworking,or venues sucla din the handling of animals shall require a of(perish A retail convenience (two or more Abu o rung,anprson establishments)consisting hat Ealtbtuon,conrenuon,or confer- • g $ q of{permitted)convenaenre ttsea,small�cala shopping,and pessonal sernccs that ones centers Condaronal Use Permit provide goods said services amenities to nearby residential neighborhoods City halls • (2) The matumum number of employees not including the ownadoa cups nt as ' Hospdals c a) Special Conditions for Neighborhood Serving Retail §limited to two Per UWL Courthouses • {3) Oit (1) Limited to a maximum of two cmimuniry oriented anchors Museurtts • a tstablsshcd,LsvtaWark may 6e converted to a icily commercial or biasmessuse However;Live-Wank units may revert to solely residential (2) Limtred to s maxnoum oF25 f 0 sgtiara fcaL oftort-anchor rcraik Performing acts(acalmes ■ y (3) Lnnsrod to a maximum size of V00 square fen per Eating and Dnni ing z Stadauma,not tncludangsndiums ° O for ssional ns ttarna a establishments Swimmer paces . t .fS� 0R 9 ?i-,.:'-`..;� ••' ' "'+_w,,-,z-. rw`�.,dE�-a�'. (4) Conditional Lase Peanut Development including non-anchored retail uses �p Pox offices ■ Definition All owner-and renter-occupted dwelling units,including attathed and exceeding a total of 25,000 square feet Transit fanhiies terminals& • detached houses,muha-urut btulduigs,mauubetured and mobile homes t stations b) Corner More Palace stations&fire S1a40its • a Muhl-faint With Carnmtxi En Definition A small gore or cluster of stores integrated into a larger building on � Definition BiwMavags designed as a Dwelling units,Accessory U ""T"�; residence for multiple households where Dwelli tin the Feiner of a city black Garner Stares consist of(pemstttcd)convenience uses, z us,pnmery.two or 3},rQfs�C��" a�,,_,,";;1,'�,,,,t�;,,��}!1 pt'a;;,'�*L�+'�,��,_ti,^:,;;� P `1g saratl-scale shapptag and personal aervtces drat serve homes or buatnesscs Faceted some dwelling units are seemed from• more households a suucmre o professro common lobby entry or shared hallway within easy walking distance Definition Workplace uses inciudnag Research&development offices t) Special Conditions for Cotter Store Retail — lr Prafesaionsl,adriunistrauve,research Educational&traslatunonal offices • hi Multl4amilly wilh Indrviduol Ent (I) A maximum size of 2,500 square feet per use ra and developmen!financial,and educa- prat,&aectronkc media offtrr_a Definition Buildings designed as a i DWEDIng units,accessory (2) A maximum size of5,000 square fax total per cluster tonal wiavaucs for busaaacsses,mdtvtdu- (newspaper,magazine,radio, • a),.and man-profit arganazatt•ns web as televtawn ttsadence for multiple households wham Dwelling units primary dwo or ill dwelling emirs have a dedhcaied more households aimcturc (3) Conditional Use Permit Individual uses larger than 2,300 aglnre feet those listed Data or telecommunicattoru of- - rovaded that the use is unique and not al • pquanse"ceased directly fraot a public p q provided within one rites sidewalk mile trade area wq Any other professional,executive or administrative office tax (4) Corner Stale Rettul must be located on the corer of a block,and the U cl Atlodted Sin Farhat homes entrance mtisi face a public street square,or plaza apace DeBmlion Anached homes an separaa: Dwelling units,accessory • la} Parking spaces intended for Confer Store Usta must be located on streets Off- Is I ervites parcels shanras oomttwn hustle with each Dwepmg until,primary,one • asteel parking is discouraged for comer snore and shall require a con us dmonal e Q.DefinitionNlcdreal warlJplau uses and Medical&dautil offices ar facalr • home restoring an enhance aceessad houshold structure Permit ', astabl rshments with employees with ties directly from a public sadewah}, i W G) Drive-Thmlrgh medical licenses such as these lrst•d Indoor veterinary clinics C 1 , Acupuncture,physical iharapy, - Deftmtion Service from a'audding to persons in vehiclesthrough an outdoor service .:a Detached Sin le-Force Homes f - window elite setae E • DefirutonAdara.dted building de- Dwclli acc ess— + Y stgoed ss a restdancc for one hauxhold Dwelling urns,pttniary,one • 0 Payclu��ne Mortuary services • housholds Per stricture y C71 22.3 AFFORDAZLe HC1uSING REQmEmEAIT d) Miscelkneous ProvisionsThis seawri contains standard and guidelines to ensure that affordable housing is I) The conditions of approval for any project that requires affordable units shall provided throughout the Specific Plan arm,consistent with the City's Cienual plan specify the fallowing items Housing Element (1) The number of affordable units, c y tr{a vJ; i rP?g m �i-•T ,,x (2) The number of units at each tnearne level as defined by the Califorria health and Safery Code and r a) General (3) A list of any other tnem[ives offered by the City This section shall apply to sew resideatiel projects throe(3)or more units an size u) An APFacdabk Housing Agreement outlining all aspects of the affordable housing provisions shall be txecuted between the applicant and die Csty and b) Requrreme+trts(or some other appropriate tide) recorded with the Orange County Recorder s Office prior to Issuance of the first building permit For rental projects,the City Development Agreement I) Amunrnnm of 10 percent ofall new residential construction shall be affordable slmll bet used housmg units,untess the project is within the rodevelopmou[project area,In which one the equivalent of 15 percent ofail new residential construction shall sit)The Agmsment shall specify an affordability term as specified by Section be affordable housing trots Z30 26 of the Hundngw i g n Beach Zonin and Subdivision Ordinance it) A City Development Agreement shall be required for projects that includt sv) All alfordableon-site mots in a prefect shall be constructed concurrently with or nntai units prior to the construction of the primary project units unless otherwise approved ui For sale units included in theproject shall be made available to moderate through a phasing plan Final approval(occupancy)o£the first market rate I ) residenital units sballbc contingent upon the completion and publicavadabthty, income households as defined by Caltforma Hcakh and Safety Code Section or evidence of[he applicant's reasonably ' 50093,or a successor statue Ird progress [coots attatrarunt of G completion,of the affordable urns t tv) Developers ofressdenttal tcts may elect so a a fee in lieu of ovtdmn the �^ 11e Pm7 pay W g v) All affordable units,shall be reasonably dispersed throughout the project f� units an sire to fulfill the requirement of lhsa seenon`fig allowed and pursuant unless o[hciwiso designed through a master plan,shall contain ern average the tiO rs to the requirements of Section 230 26 of the Hurmngron Beach Zoning and same number of bedrooms as the marl.:[rate units in the project and shall be i Gt�C Subdrvtsion Ordinance I comparable with the marker rate units in acun ofexrenor appearance,materials I lid v) Developers of r:snde tual projects may elect to provide the affordable units at and finished quality ❑ an off site loeanou ]f affordable units are off-acre,they must be under the full vi) Now affordable units shall be occupied in the following manner c control of the applicant,or other approved party and must be located within the 5 Beach Edinger Corridors Specific Plot arcs boundary (1) If residential rental units are being dumlished and the existing kvant(s) p meets the eligtbtltry requirements,helshe shall be given the right of brat + vi] Blew rcatdettiial projects shall include ni>nstrucuoa of an ennreiy new project refusal to occupy the affordable units(:),or t� or new units added to an extsttug project For purpose®of determining the ` rr mquwcd number of affordable housing units,only new units shall be counted (2) If then:arc no qualified tenantkor if the qualified tenant($)chooses not to ri exercise the right of first raft".or If rio demolition of residential rtntat C) Off-sate Construction of-4fjiordabfe Units T units occurs then qualified households or buyers wilt be selected t) Except as may be required by ColrfOria Government Code Section 65590 or a sucecswr statute,developers may provde the required affordable housing off- e) lance Of A fford4blle Units site,at one or several sacs,wuhm the City of lluntington Beach in the Beach Affordable housing cost shell be calculated in accordance with the Cede Section Edinger Corridors Specific Plan area. 50052 5 standards for ownership units and Code Scenon 50053 standards for rental U u) Off-sne projects may be new constntcuon or substahhal rebabilitauon,as units defined by the Code Section 33413 affordable housing production requirements, ` [a of existing non-restricied units conditioned upon being restacred to long-term t) Reduced Fees for-Affordabte Housing o� affordability "Al Risk"units Went fled in the H rig Element or mobile homes may be used to satUly this requ lament projects that exoocd mclusionary r:quuemcars an-art:will be eligible£orrcduced t City fges,pursuant to an Affordable Housing Fee Reduction Ordnance,upon in) All affordable off-sire housing shall be constructed orirchabilitated prior to adoption by the City Council p or concurrently wsdi the primary project Final approval(occupancy)of the first market rate residential units shut]be contingent upon the completion and $) Dewgr$onus Xncepmves public availability,or evidence of the applicant's reasonable progreas cowards r O attaitiment of completion or the affordable units ��,i Projects that next the affordability pro u visions of Section 230 14 of the Hunngtoo Beach Zoning and Subdvision Ordinance for densty bonus shall be granted an 0 incentevo(s)or conoessiun(s)pursuant to Section 230 14 30 r� s� t i �',l 00 l I--1 This chapter sets forth dellniluous of certain wards or phrases Used in this Code in Block Perlmeter order to promote consistency and uniformity in their usage,thamby facilitaring the The total length of the public lights-of-way along all block faces interpretation of this Plan The meaning and consttucnon of words and phrases as Breaxeway act fbnh tt lhis cbaptdt shall apply throughout die Plan unless the context clearly A covered dnveway or walkway penetrating a building to connect to courtyards, indicates otherwise Definiuona contained in the city's Municipal Code shall be parking steps,or alleys at the Interior or rear of a pared applicable except�wheA to conflict with degurtions contained in this chapter a clscwhere in this Code,in which case this Code's definitions shall prevail Building Any structure having a roof supported by columns or walls for the housing or Accessary Busldlug astclosuro of perstitie animalg,chattels or property of any Lind A building ar structure which is located on the same lot and cuetomanly,incidental and subordinate to the Primary Building or to the use of land such as a garage Building Camposthon Accessory buildings maybe freestanding and arc not considered panoftkm Primary A building's spatial arr-angcmuit ofmancts and amhstecoiral elements in relation to Building Mass when attached to a Primary Building`Typically accessory building each other and the building as a whole uses include vehicular parking storage of lawn and;arcen equipment,Storage Building Olspositicn S of household uma,play house or gran house Accessary buildings may include The placement and orientation ofa building of buildings on a parcel habitable arm such as a home office rareauots room,guesthouse,or Sleeping � room(a) Building Eavalope n The maximum space a building or buildings may occupy on a parent Accessory Dwelling Sink A separate,detzaad,complete hovVLeeping uq[Lwith kitchen,sleeping and full Building alright bathroom facilities,located on the some parcel as a finmaryBuilduig but subordinate, The vertical extent of a building measured in ftat and stones,not including a raised i in size basement or a labs table attic Active Uvhig Spates Sulldlag Orseatatmn Habitable sp sees such as dining rooms living rooms,or bed to urns that accommodate The direction that the primary building facade of a bu rldmg facts living activities Bulldtiag Phtemeut Active living spaces do not include kitchens,bathrooms partially Submerged The location of a but ar a parcel basements,or utility spaces 8urldaug Volume Alley Part of all of a building's dwcc dimensional bulk. Apublicorpriate way having anuWmatewtdth afoot less than 20fectpermenently Context reserved primarily for vehicular Service access to the rear or side of properties Phys real surrouudmgs,niclad ing a con6bination of strcbitecht a.l,natural and civic otherwise abutting an a street elements that establish a specific district,isc>,glshorhood,or block character Alley Seth ack Corridor The mquirod minimum distance from an alloy's edge of pavement to any building The combination of all dements that characterize a roadway This Consists of all Articulation j clenicsits within the public right-of-waylsveet{the vehicular realm)thoroughfare The use of architectural elements to crate breaks in the honZDntat and vertical and the padestnan realm 1 public frontage)as well as each adjacent property's surfaces of masses of buildinga private nonage Base �' Corridor Centers and Segments Abase treamscnr is a horizontal articulation of the Iowa part of a budding fapade's An area as defined in the Corridors Centers and Segments Map whose urban form design that serves to establish a human scale for pedcatnan users and passers-by, has a unique c s the bee within the Plan Area Tare range of C evetali Centers and and sesthetitally"tar"a building N the ground Segincnta forma the basic organaxing principle for the Plan's An+etapment Cede Bruck i Carnder Centers and S#truetts Map An aggregate of land including percale,passage€,rear larics and alloys,bounded The map that dcsigisates Corridor Centers and Segments and determines which 9 by streets or railroad rights of way An alley does not constitute the boundary of a regulations in the l]evalapment Code apply to each property within dx Plan Area Black ..] 133 t I flevelopmeat Code Frontage Coverage TAae Open Space(Publk&private) primary Entrance The chapter of rho Specific Plan cc staining all Standards. The space between the mmnnum and maximum,front yard Land that may be used for passive or active recreation There The mamfprincipel point of pedvztnzi access mto a building Regulations,and Guidollocs thatapply to dovdopment wbtbm setback lines and the minimum side yard or sidexb=t setback are awlde range ofopen space types mcludiag parks,plazas, configured as a Private Frontage Type the Plan Area lines yards and other configurations as defied in die Development private Frontage Density FrontagaLna code t)The portion al'a property between the back of sidewalk The number of dwelling units within a standard measure of A property line that coincides vnth the corridor public right. Partd or Assamblad Parcel line and the primary building facade along any Street land area,usually given as units per sere of-way A legally defined area of Lod under single ownership 2 Portions of all n ) p wary building facades up to she top of Development Regulations Fronrage Type Parklag IAA the firstorsecond floor,mcluding building entrances located All Standards and Guidelines contained within this A specific eon4urauon ofelcments that define how public or A paved am,usually divided into individual spaces,intended along and oriented.a street or active open space document private frontages may be designed for parking vehicles Physical elements ofthe Private Frontage include,but are not Driveway Garage Parking Structure limited ro a budding s primary entrance treetnents,setback A vehicular land widim a parcel,usually loading to a gentile A building used for vehicular parking with no internal A structure used fbrpanleng orvchicleswbereparking spates, was and property edge treatments ' circulation turning radius,and drive aisles site incorporated within the or parking Property Dweglatflair Guidelines strict" An sndivaduallowrim's land,including land improvements Otte or more habitable rooms wash art ly one kitchen,and Principles that provide direction regarding the preferred Partially Submerged Podlum and any permanent fixtures on the land including buildings designed for occupancy as a unit by ate pr more persons method of addressing specified design considerations A parking structure built below the maun building mass and trees and other fixtures living as a household unit with common access to all living, Conformance with guidelines is recommended but not pannally submerged underground Property tlana kitchen,and batbroarrix areas required paaaagetpaseo The hounds that legally and ry geometrically demarcates a Eafrant Historic Resource An at-grade pedestrian connector passing between buildings, property To W located along a frontage line, A building,site or feature that is a local,state,or national providing shortcuts through long blacks and connecting 'Public Frontage historic landmark sidewalks or front yards to[cat yards,parking areas,and The area between a thorn hfare curb tans and the back of ` Entr.inca or Frntry g C-1 open spans A point of pedesuran access into a hutidarag House Suit sidewalk line Phyttcal clenicrats of the Pubic Frautagt To be roughly equivalent in size a ad in ass to it detsob ed single Patti include,but arc not limited to the ripe of curb,sidewalk, � Facade family house I A pedestrian(or bike)way traversing a park or Waal area, pli miar stnp,strut tree Red streedight Thai exterior wadi of a building The front of a building or with landscape matchabg the contiguous open space any of its aides facing a public way or spaces frequently Human Scale Public Right-Of--Way distinguished by its architectural treatment- To have the sane height,bulk,massing,or detailing that Phin Arm For purposes of this plan,any amp dedicated of subject to creams a comtbetable relationship to humans The land whose boundary includes all the ptopertes that public fee ownership w an moment for public use for Paisade CompaHiRn most adhere to the regulations within ibis document vehicular andfar pedestrian travel including,but not Imnted The relationshipbetween[ndtvidual clamenu of a fa ads as Liner BuildinglUsaa p A noon of a building,with distinct,habitable uses located Planning and Building Dlrectorl[lest ee o;streets,alleys.said sidewalks they relate to the farsade's overall dcsegn,as'ncukation,.and Po g° E g g° ' Orgaritxanon along a pmpaty frontage such that it conceals die larger Theht:adofacity'a planning and budding deparnauntcrotier Public Right-Of-Way Une building behind Typically, liner uses are located along individual who has the authomy to make decisions regarding The boundary that legally and geometrically demarcates the Fayada Offset e land breaks Parking garages or large formetlanchar retail buildings the implementation of the regulations within this plan Pub 1te Rig}g AY way A horuantal or vertical p paonnrg a facade where k ono portion of a facade sets back from another Main Entrance t 1 Planter 9trt�p ` i ublrc Works'DirpctatlDesigme Flour Seepnroery�nuanee l { 4 mend of tie�L6he frontage �ted+�nlbctwee4 thc� head of a ti public v}oI,,de i tit `car�ffiaf Multi-Famit %rdII'"'�kan f thethomughfnecurh fa ,+cj1sst�mryliboates` n tvidual who has authority tolmake i§xiizs rigaadsp Sea story { landscaping,nnehidmg slice[trees Ple ter strips may be a amplemanteuoa ofrhe ngulatians with n this plan ' Tim use of a single build mg for two or mom dwellings , Fran!Street contutnaus or individual A street that a bwlc ng's primary entrance its oriented Mu'Uclpat Cade Primory Hulidlag The area that results from a rear yard setback. towards A collconon of regulations that guide local government A mandprincipal building on a let, including parking Rase Yard Setback Froat Yard Open Space(Unble) stmctutes and ntcluding accessory buildings or structures, distancebbetwexlures, etwe The arch that results from a front yard sense&, Any side yard,courtyard,or other open space that is accessed with a primary facade located wid n the frontage coverage en a rear property hoc and any building directly by primary entsarim(s) to housing units or offica zone Regurattehsr Front Yard Setback spaces Outdoor or unencitsod tree on the ground or on a Regulations inctudc Regulatory Definitions The rules and The distance or range of distances (expressed in boil Primary Building Parade P balcony,des*parch or arrece deigned and accessible for performance measures that dehrbe Regulations and esrabhah or sommiumandt maximum ubredfrWn the back-cif-sidewalk nriwpal facade of a building that faces a street n� )rO4 aupdpor hying,seccapan,pedestrian a[xms or landscaping The mam1p �„hovo Standards apply to prapertim Regulatory pcSmnans do to the primary building faTzde along a street [!sable open space does not include parking facilities open$pace not vary from one District to another Frontage Coverage driveways,utility or service areas Primary Bul)ding Mau Q The nimmuran percentage of the length of the frenatge The most prominent portion of die Primary Buddnig's measuaesth include vary Requirements performance a"k coverage zone that shall be occupied by a primary budding 3-dnnamuontl hulkCIN measures that do not vary from one District to Wi:atlwr fnade(s) 11.0 134 r 0.] i ' C7 +-b o� Ribbon Windows Street 'Windows Ribbon wtedevvsarcasencsoflong,herizonWa yproporuoned The eombinanorr of all dements within the public right-of- openings in a buihhog fegade that allow light andlor air into windows interrupted by vertical=11tons way the vehicular realm 1 Ehoroughfiere and the pedestrnn the building Roof rcahn 1 public frontage Zan rug Ordinance The tip surface that toirm a building Street Type The Zoning"019neC of the City of Hunlmgum Beach Services A specific configuration of elements that define how new Actuvitsu arid,in some instances their snu wail components steers may be designed i that relate to the matntaname and basic functioning Streatseapa components ofcachland use These activities may include,but The composition and design ofall clements within the public an not limited to,trash and recycling areas and aboveground right-of-way the vehicular realm I lhcaoughfarc (travel components of wet and dry utilities lanes for vehicles and bicycles.parking lanes for cars,aid ShppfroaE sidcwalks or paths for pedestrians)and the arnenihes of the A specific private frontage typa Sbopfran.ts are the primary 13 wits[ran realm 1 pablre frontage(sidewalks,street tribes and treatment for ground fare!commercial uses,destgtied for plantings,benches,StrbWL91113,etc) active ground floor activities including retail,dining and Sustalaability peraaaal services Physical or design elements that improve emvtronmdenta] performance,efficiency,and livability to meet the needs Sidewalk of the present without compromising die ability of future The paved area of the public frontage dedicated exclusively to pedestrian"activity generations to mccr their own meads'(quotation from the Our Common Future,World Commission on Environment Side Setback and l3cvelopment,Vatted Nations 1987) See Side Yard Setback Tandem ParLing rr1 Side Street An off-strut parking arrangement where one vehicle is A street along a comer parcel that rs not a front street parked behind the other Sid Street FuFade Thoroughfare The fagade of a building that typically faces aside street The portion of the sweet between orbs that includes all Side Vord vehicular lanes including travel lanes,turn lanes,parking The area that results from a side yard setback lanes Sid.Yard Setback Townhouse The distance between a side property lanes and any structure A borne that is attached to one or more other houses,and requiring a building permit which sits dircody an a parcel of load that is owned by the ' owner of the house Sign Any medium for visual commumcatians,which is used or Urban Design Concept intended to be used to attract aMenn on Tie disuicE structure w'hi ch serves e,the conceptual basis for the regulations contained in Hook It Significant An important part or area,.Or a large"ithty (fee(as a verb) To occupy land or water in any manner Or to establish cant' Signt6cant Addidi ms OM maintain or continue arty aatnn ty or development on land Addtuoms greaten than 15%of the butidnngs floor erasWaber regardless ofwhether the activity or development is SwilWIFarnily establighed,earned out maintained of cantimicd in a manner The a single building for one dwelhng that utilizes buildings or structures oil land or in Water i Standards Wall Cladding All acquired development Specifications(such as permitted The exposed materials of a fagade that primary walls,base, land use types building height drmcnstons„ and setback wail accent trim and other articulation elements arc made of dimon:ions)that wary from one District to anothcr or covered with Story Wtadow Wall r� A habitable level within a building as measured from finished A wail entirely designed with windows usually from floor v} floor to finished ceding Attics and raised basements arc not to Hoot , considered stories for the purposes of determining building C7 height 135 1 it ` If 4 I 1 EXHIBIT NO. 14 Item 11. - 71 xB -674- 9/11/15 11 47 AM 240 06 Fees and Deposits ui'.C:T .�.,c:,,�W'�z 'k19 +.�.W E y �A 7r, VIP ieyxE4 N ZONING CODE Title 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS 240.06 Fees and Deposits _ ----------- All persons submitting applications for any permits, certificates, development agreements,map approvals, or zoning map or text amendments, or any other approvals as required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and charges. View the mobile version http//www gcode us/codes/huntingtonbeach/view php7topic=zoning_code-24-240-240_06&frames=on Page 1 of 1 xB -675- Item 11. - 72 EXHIBIT NO. 15 Item 11. - 73 xB -676- t r f l i 7 7 EXHIBIT NO. 16 HB -677- Item 11. - 74 I Ji 1 I. !{ CITY OF HUNTING TON BEACH i . c�fRss►ssant try�onPay (; OFMCE€ F THE PSW D-4=ftdra I( ' CITYATTORNEY atgrPc S As i t li�w HMO Sc DWty ' �itQO A��Street Michael E. Gates H=dn"d Bft*cammiz 92"S s:. e-* TdcpbmCity A.ttomey 3 t D40Ma.Ohl March 30,2015 r � P _ Busiam Lkensing G City of Huntington Beach t 2000 NWn St. F Hen Beack CA 92648 t V � t [� Rz: Medical Marij=a Di3i7 sarics Frvhlbited Dim Business.Licenses: - r �As you.know, Medical hiartuama Dispensaries are na a p=drod commercdaL reWL or ot6 F use in Rundagton Be$ch. Tho Hunk Beamh Zoe and Subdmisum Oidinance{H8ZSO)d not recognize theme dispensaries as licit or legal retail or commmvid establishments,and the plml g and Building Director has cmistwdy made the same 1n � In 2005, the City enacted a moratorium on these of&Terries, la 2007, the City a F i, Council amended the HBZSU to eliminate Mechc al Marijuana Dispensmies as a pemr,€tted(non:prof,it, far-profit, retail, cmnmercial, or otherwise) use vAthin t1r- City. Accordingly, shm 2007, M056al a Marijwma Dispe�s have not been listed as a permitted use in the City and are thereby prohibit ; t $ in any zoning district is the City. Moreover, on March 2, 2015, the City Council voted to have an C}rdi mw 'Im 7 prepared that adds expressly anccu ed language to the City's Code(HBZ801,t1tat Me&cal;jug t F Dories are preht'bited,period. This r �recent council diwive for as Ordi td t des ;r r not change the City's lttrzVmding prohibition Winst Mead Waij na D*nsa ies, it just des the,law clearer. , t P I f t - 1 ' i 7 P i Item 11. - 75 HB -678- i V j Ma m h 30,20i 5 Page 2 �;------__ Courts have cansistently affilmod the City of Huntingba Beach's position. In recmmt moms, no fewer than three Madical b1arrjusina Disp*waria ba4e been stint dowi. In ft%on F i&y,Marth 27, 2015, the Oran go County Supedor Court varded pl'unfingtm BeacWs request for a Pr4nizu4ry r - htjunction against a Medical Ivierijuma Dispensary. It is not permitted W operate in won Beach i Based upon the foregoing prohibitive pokey and legal authorities on this topic in the City,My Bu=ew Loose applicant who seeks a �Be Business Laaense to open aid �erat� a Medical �it>:rijuana Dispensary will not be prcmvided an diced cn, = will the applicant pay �e application fee- The person seem a Business 14o=w will not be provided an application bec� under Hmdaggon Beach Municipal Code motion 5.08.360, no license shall be issued to n fading I aPPi'�ate zo=g pertmts,or who has fmm.�'ted to*omply with ax►y other provision on r of City Codes. i Any attempt to apply for a Busiess License in light of the foregoing prob7sition agauA deal Avfarij a Dispe des is futile. However, according to HBZSO motion 202.08 Rules for _ - Fat rpretation,any applicant:has the rigbt to atVeal=iweqretadon of this prohibition to the Plan g - — C wnmission,as provided is Title 24 of the E BZSD. r If any applicant has any question abut floe Ca o laws and/or policy on this nester,plea aft the applicant to write to my office- I wiH provide a Written respanso to time applicant dter receipt of a Y written request. -- 'ffmsnk you agaii ur covperatitsn, S � - r 4 {I Mi 1 E.motes _ 1 City Attorney r- =3 = _ =--City om mltin&ik BeBGh i i f r 7 i r I HB -679- Item 11. - 76 - 1 I it EXHIBIT NO. 17 Item 11. - 77 HB -680- 1 MICHAEL E GATES, City Attorney SB 258446 - + DANIEL K. OHL,Deputy City Attorney SB 109372 2 Box 190,2000 Main Street Huntington Beach, CA 92648 3 (714) 536-5555 FAX(714)374-1590 4 Exempt from filing fees pursuant to Government Code §6103 5 Attorneys for City of Huntington Beach 6 7 = 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA - 9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) ' DECLARATION OF SCOTT HESS IN 12 Plaintiffs, SUPPORT OF PLAINTIFF'S EX PARTE 13 ) APPLICATION FOR ORDER TO SHOW vs ) CAUSE RE PRELIMINARY INJUNCTION 14 ) AND TEMPORARY RESTRAINING ; DANIEL GARFIELD RICHMOND, ) ORDER 15 HUNTINGTON BEACH CARE GIVERS, 16 AND DOES 1 THROUGH 50,INCLUSIVE, ) [Filed or lodged concurrently with 1. Request for Judicial Notice 17 Defendants. ) 2 Memorandum of Points and Authorities' 3 Declaration of Richard Massi 18 ) 4. Declaration of Al Brady 19 5. Declaration of Scott Hess 6 Declaration of Jun Slobojan 20 ) 7. Declaration of Daniel K. Ohl 8 [Proposed Order] 21 ) - DATE: January 14,2015 22 TIME. 130 p m 23 ) DEPT C-10 JUDGE: Honorable Linda S.Marks 1 24 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 28 14-4302/115573 1 DECLARATION OF SCOTTHESS IN SUPPORT OF PLAINTIFF'S EXPARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER HB -681- Item 11. - 78 1 of Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause re- 2 Preliminary Injunction. 3 I am currently employed with the City of Huntington Beach and have been continuously 4 employed with the City for thirty years I am currently the Director of the Planning and Building 5 Department and I have been the Director of Planning form 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 distracts,use classifications,the Zoning and Subdivision Ordinance and the e req-ir6ments 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 contaming several code sections The Zoning ant 12 Subdivision Ordinance is permissive m thai 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 Sena-public, Section 204 08, Commercial,Section 204.10,Industrial i5 Section 204 12,Accessory, Section 204.14,and Temporary,Section 204.16, use classificatlon�- 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 is Section 204 02,to determine whether a specific use is within one or more use classifications, or 19 not within any classification. I,as Director,have authority to determine that a specific use is not 20 within a classification if its characteristics are substantially different than those typical of uses 21 within the classification. The decision I make may be appealed to the Planning Commission. . 22 The operation of a medical 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 a site must get zoning ` 27 28 14-4302/115573 2 DECLARATION OF SCOTT BESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 11. - 79 HB -682- 1 approval prior to the issuance of different types of permits, certificates of occupancy,business 2 licenses or utility service connectio in Sectio 2 3 1 declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. 5 Executed this_ ,day of _, 2015 at HlOftngtOn Beach,California AAnM -- - - E 7 Scott ess - - 8 I 9 - i 10 11 1 ' 12 13 r 14 15 ; 16 17 18 - 19 -- 20 21 - - 22 23 l _ 24 25- 26 27 28 14-4302/115573 3 I DECLARATION OF SCOTT BESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER - HB -683- Item 11. - 80 PROOF OF SERVICE OF PAPERS 1 2 STATE OF CALIFORNIA ) _ ) ss 3 COUNTY OF ORANGE ) r 4 ' I am employed in the County of Orange, State of California I am over the age of 18 an4 5 t not a party to the withm action;my business address is 2000 Main Street, Huntington Beach,CA. 6 -- 92648. 7 On �� /� ,I served the foregoing document(s) described as 8 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND ' TEMPORARY RESTR.AIINIING ORDER 10 ' i 1 on the interested parties in thus 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 t Cnstian Peirano,Esq VIA email to clp@peiranolaw.com 16 Peirano&Associates,Inc 17 1666 N Main Street, Suite 350 Santa Ana, CA 92701 18 clp@peiranolaw.com 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. / 21 Executed on at Huntington Beach, California 22 23 / oan 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 Item 11. - 81 HB -684- 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 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 ) I 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 - r 1 xB -685- Item 11. - 82 1 to the zoning code open for the public to come and look at, 4 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. I got a 10 text Can I 3ust take a short break9 11 MR. PEIRANO Sure. Let's go off the record. 12 (Recess. ) 13 (Record read.) 14 MR. PEIRANO: Let's go back on the record. 15 BY MR. PEIRANO: , 16 Q Have you issued any policy decisions with respect 17 to medical mari3uana at all? 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 11. - 83 HB -686- 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 verbal9 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? E 40 xB -687- Item 11. - 84 1 MR FUJII: I don't know -- just vague, ambiguous as to i 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: 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? r 25 MR. FUJII You don't have to answer that. 41 Item 11. - 85 HB -688- -- ---- t r EXHIBIT NO. 28 xB -689- Item 11. - 86 � qql 1 A BOUT BUSINE�55 LICEMSES._. elcome to the.City of Huntington Beach business ® • ® - mmuhity, This inforniaBon guide is intend&as a mmary of information you will need to know in You can obiain an application from City Hap, or ter to operate a business in Huntington Beach. download one from our website at A' Certificate of Occupancy - required by t I guide is provided as a public service Rt rs not !Nr+ w huntingtonbeachca_goy Look under the Planning and Building Dept,for businesses it -inclusive and any specific questions should be Finance Dept, for Business License Complete the commercial or industrial location Call {71 ected to the Business License Division at (714) application and bring it to City Hall on the 1 floor, 536-6271 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 C Box 190, Huntington Beach,CA92648_ if you Fictitious Name (dba) - must be filed if y le 5 A City of Huntington Beach busing are in a commercial location in the city, you may choose a business name that does not inclu ,ense is not are regulatory Imens, bu need to fill out an application for a Certificate of your own last name Contact the Coui pa or e public safetv needs of the people Occupancy for the Planning and Building Clerk's office at (714) 834-2889, go online unbrig oR Beach Department, who can be reached at (714) 536- http llwww oc ga c ovlrecorder or contact yc ---- 5271 local newspaper office Mo � � � � � _ A, Special Permits- required by the Police DE for 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 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 Cali (714) 536-5267 or the Pr-' , isiness Licenses are not transferable between operated machines A typical business license Dept. at(714) 536-5991 for more informatic triers, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, ration upon notification to Business License and $41 60 Additional amounts added are as follows- �' Sellers Permit (Resalerequired by proval by the City Planning and Building State Board of Equalization if you apartment .All businesses, trades, professions, Additional Employees- 4- 12 $4 00 each merchandise Call (949) 440-3473 or tit Rings, or occupations operating in the City need 13--52 $3 00 each www boe ca gov Business License These include but are not '52 $2 00 each A- Health Permit - required for food handlir iited 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. $4+6 00 each (714)433-6000 Persons who have a home office or use their Home-based businesses are required to pay a one- Aw Federal Tax iD # -- required if you ha home as the headquarters of their business time fee of$2 00 for a Home Occupation Permit, in registered employees, are partnership Call incorporated,00 829-1040 addition to their license 9.. p p ( } Businesses, which are located outside the city, visit www irs cloy but transact business in the city such as Some business licenses are calculated differently contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, spacial events, ' Workers Compensation insurance services, fumigators, telemarketers etc vending machines, out of town contractors, pool required if you have employees Contact yc halls} Cap{714}536-5267 for these licenses local insurance agent, state fund or vi Independent contractors such as doctors, www dir ca poy/workers' comp html real estate brokers, hairdressers, janitorial Liquor License- required by the State De contractors, and home party demonstrators , • • m • - . - - . ► . • of Alcoholic Beverage Control if you st t - 00 Apartment owners of three or more units A business license may be issued at C' Hal sei�re alcoho! Contact {714} 558 41i]1 0 Mobile Vendors who sell merchandise from you wait Your app is a oorriplete and www abc ca their vehicles, such as gourmet food trucks and include all necessary documents You may need A- Conditional Use Permit - required b, ice cream trucks. to bring the following. Seller's Permit showing a Planning and Building Dept for Temporary businesses such as a one-day or Huntington Beach location, Health Permit, businesses such as live entertainment, c y weekend event in the city, or a short-term 'Certificate of Occupancy or receipt Your schools, intemet cafes, or alcohol sales ,-- o',,,w„„ter�,„r,, — application may also be mailed to City Hall Be sure (71Q) 9;'3i -11;971 OG 00 b IMIREMINMES= How to Obtain a at 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 �� . �� #� rz n resUlt-in pen8lties,-Noti+c-es-"of Violations.—And"' ^ -www huntingtonbeachca aov/deoartmentsAEC7 Iministrative Citations it is a misdemeanor to a �' )late the City Business License ordinances ' i i Huntington Beach Small Business Assistance i Center located at the Huntington Beach Need to Display My Business License? Chamber of Commerce 2134 Main Street Huntington 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 U S Small Business Administration — provides use businesses without a fixed location, the financial assistance programs, guide to 3pansible early must carry the business. license resources and workshops (714} a50�7420 or - th them while conducting business in Huntington :ach www sba gov i® S C O R E Service Corps of Retired >w often Do I Need to Renew It? Executives. Workshops and counselors for isiness licenses are renewed annually A small businesses Call (714) 550-7369 or visit urtesy notice is mailed 3 weeks before the due www score114 or . to However, you are responsible for renewing ur license whether or not the renewal f inonriaio on local,, state & notice is 14l California Permit Assistance Center - reeved if the payment is received more than 3£l l lederal permits _ ys past the due date, a 10% per month penalty is www cal o d ca ov arged Notices of Violation and Administrative Ni Small Business Corner .- .helpful information Cations may also be issued about taxes from the IRS www irs qov m Moving to a New Location in the City. '� Small Business Development Center - City of Huntington Beach � rase notify us of your new address, phone provides:;help ;to small businesses through 1 ' her,' and Any other changes to your business 1 on-1 counseling, !a orkshopsI anti'educatiop Business License ter compliance with any applicable , city seminarfs 'Call, 714)I' S64-5200j t or "visit i ,i, juirerrients, your business license may be www oCsbdc'carn i l 2000 Main Street insferred to the new location for a`small fee If u are moving to a new commercial location, you , • • - , • . _ 1st Floor I need to apply for a new Certificate of - Huntington Beach ;cupancy Better.Business Bureau {I i4} 985-8915 h Building Permits (714)531a-5241 CA 92i�4$ hat If 1 Step Doing Business or Move Away? g i t us know in writing if you want your license Chamber of Commerce _(714) 536-8888 ncelied 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 Eise? Contractors State License Board. (800) 32.1-2752 iciness Licenses'are not transferable from one I I 888 745-3885 ? Hours 8:DQ am 't3{� pm rner to another The new owner must apply,for a Employment Development Dept { } ' sm'ess'license in thbir name l { Franchise'Tax poard .lt`` 1 i i ($Oi3) 852-57,11 NIoTIC�a�/ t 0 Friday here Do I Find You? Office;of Secretary of Staate (916) 653-3794 www.huntinatonbeachLca.gov e are located at 2000 Main St on the'comer of Sign Permits (714) 535-5271 ; irktown and Main, in the Civic Center on the 1a` State Compensabon Ins Fund . (714) 565-5000 business.lie ense@surfcity-hb.org or Enter the main Administration Building ,and ; mo low the signs to the Business License counter Zoning department (714) 535-5271 i l Y 1 1 -- c ---EXHIBIT NO. 19 Item 11. - 89 xB -692- City ofHunhngton Beach,Califorru a-Pernut Center-Certificate of Occu. http//www huntzngtonbeachca.gov/governmetiVdepartmeds/btildin safe. g i - 3 i t E3�ai1�].ff$'�icdy twrre� xr�+t�-d ��t�dd'cpsate'tga �,� � - r�ar5at'a'tlr we`w s fhassuis oa Ywa'to dr' qubic3r $hate Fetrf►rlit ??!fir �. fnf4rma bt '45b :qn vpiuraratXs,t+eed P.0dt'Agpona6nnFarma k�Nhat�sa# tcate9i>�r�apanoyf #o-�elridrof`�us©dtr>yt .PerrtltC,o�da v ott?-}�rv�tt�e-s`ric9romterA �'Vdho s?seds�a.+yeijfticafec�ii�c '�`T aYul�p4��"��!5$�rip� dJeu.Busute-ss$�ttIC�f ! ►vaX-ToFfieel�FSy-7��L4�� ' � C aNt,�dota�setfs�.a�e�3�ft�C,��y? �'ihe,�eoitho� - � -- _ } BPlkf@ P t1se+t�uF#ire-��'1hs�c�oT�'�,��'�ttltdlgq:Fnrh��N4ttadca.3t �D l � �ert�e3 a�okl`.utaak�tife�i'�ost� Pee�aky�hr t t�ops�o�ksq[trte s�eAffrcaT]a.�o@ ItrspetlNdfc§ L ttai hs 3 s t�a£a $t£G�c 0 7 PaF�Rtr - r,t+upr? . +arr�ty ?ffineytotr ! 4Z:.4YHbX`is i t'.-t�'8tit �tttcta�l' A Gerti cite gbtaiparw i5�_cexYif a 158t dbytt SBt n i }tBt3ei�dihoa'S'ate�i- �gPefiink-�tF�ailrsws�ae�rpat�c��r�e•�Eaka�pl;}�+r�ttp4Rc�'earpaurRiot#th�r�A� � f,�-[i141 s7�ft�aP ifacelc�='is�$ _ Wak4h HoaYe: bt:lNJia3Cepsls Y`+ t ACat tsl�icCtlg nz - - - - ��3�-0p11t�ri•D_4'�tYi,�e'�� A116R3;11pP,�2i&G�;i3t�ni�' �3�1t�11�1i$E<�C�'C,l�,�l#7iRts,��JaIf��S'1�6'lt_�T�,r F � � plettnir�ts5 oGCtlp}!�>,�xasttttg btllkbrl�.Qr�s[il�t�v��t�tt4�+af# � ck-,why-do l- aid€ ettifca a"oR t�ccuPai�FY? 4 i t --- - !� Itprat�c�'(blktt�l�lis�riegs�v_v`rtgi. ��1�'rigsal�"�x+J"��t"s�lE , spbd�catioft�11+e=�issp'e:�yD�'EclkNr�pttKstm#�t'�ih��'.txc7es�Roeos your-s,�fe�, theme'�7y_oryrur,�mpT� �ndthe�t#3�t�>3ftFais�`vtttdtiPsitycsur�at;ifiRy. � L�:.Use piir$;�C�tfi€-'fie of Oct�X htf RA ftra�;iri1 =gyp {BuiTBtn�itocft-6itrr��ic��partl#r�'avotti s�expisct+ed�dk� E I s► gpjiiylt I#ora Elutk�ng'Ccoi dam vate RepaWls a pm�adjVe;apluv6'aft*ldenti s and�orrecfany ppss�pD�'defioi�nciss�e=tti�te a t�evr� Y�br�r+�nt�sinv�lv�d- Est i farrWserVpW*clncld"WMthe 'ate.WOO-crMir-f *;ed�itbel�pea7 dEgt ssa}tpy) 5- fioiN6111 be F � -Tftl�p�c elinit s� xpepterf84sfis fordo a cbtrFCIiPCwS WevIl researcbtho appravedpla O and#*lrritf h'stairy fQi a sP �ific a�ldress� 3 peffirm ors ig5peciiaa arrd�st8 +e apRtioaO[aitedrbpor�tif;tfie ir7spsC�d7t findnp. By irshtq this rdcess tt�acx 6e ctefermti3ecfif gt ticant �ratiflns t�a�i€ JOUGu 'ed w[ Taut perrpt s. EWrp&,jpc f cctrs*o prbblet$Ww. f #,NAn-p bd girr#esid nufantunay privart9hbuses jr gonpertabcF3enw-inproveumtwork waist hi5tcltr t�s tad R6feddi�on3lb�ice�pdoB� t ftk4idbJWegrandl6t'assc.GCatedperrtl:'Whetaifiewerl,—v'Inli4ed F b 9echan(cat,electric'ajandpimpbmp work-ftryejLftsPamban3 ift9s e Fxlftow of liujWjrn s per kccupanaysias-Scaf-, R Adjacent bL#Idit*artaelist sbNDroccupancy type iE HonPemrft{edeiec[rlcal'ohanfiesiotheserxrce'oTsutr�atrels�disin'btthan; -dhangesln bcdu ancy Crassirica'fiors I Q:Stegs to,Acquire W.0"ficate of Occupancy? ti P 4/13/2015 124 PM 1 of3 HB -693- Item 11. - 90 City of Huntington Beach,California-Permtt Center-Certiftcate'of Ocm.. http//www huntftlgtonbeachoa.gov/goveramiltidepartaients/bmlding_safe.. J I t.voa}top O�ktipy7p�ltt�v'.>r6tt"s�r©ct'fait �' � OICCttg�rt or�need's39�W�enarlt � r , Oeipr�oveirler�' Step fsfgluor, -, AnappBWant't W$b i Bus1r►ess j �a t�FaPpYfora rmrtWe9t210V I�Ce[ISe, dnrCe { of fPr�C +1f j t I br n&n Sea* BeaOR 8,udpea Qt**P., 1, � ! BtS�Ress tjCeGE9E. " j j Step. I _-- t fd�Ioxvlt� j; t �viabmifn i �orre�aevrple �cka'grt --�,— F t tuttatK *p1i abn trii iexlc t 3 f t8hi rot"I N , ,��ntia�-�arance. 4 s�iu��du�irr�>�ra i� w`f i>s r7 i*t i pcatiRv[e rgtrteixiyri 3 { Eoessi� n aCl �iuir � pP�oxluu7i#e ` to bvr. ," „_— 3lsepttrs?C sfttao4t� 4 w1dog to( uto tits,ion se coUectes -- - - ; CQua I ' S PnVte impelkm slfe�Aspe4 Rt -- - ----- - un- F�ti9tppCOiIRVon ' > i i le nsea ApAlrtaa* IL gyp' j }hailed fo y' Cdte-of0po 3nG�Nii�(bE - - - 7 } You Cer"W16of r{la,7edto,yotts�otapotr{�t�tiQiko t p u tic '¢ ' aB cut>�tri�af�otta�'firiaEh�{�e�6ali �I - at>pan Y t appl aK II; What is�tte�astaPa�PC�ficsfeo'fDacUpancy? �� I _- _ t i - A Fea`s afi-�edvn j*mpapancy Type Pte)�see tha attack�rLi acE d k _#_ ---- 'Thetr<isi�'eddutionaltx�stfioi'aCertlfic3teafOc_,ettp�nc�.wh�c�i-is�saru.a�ourreY� - - - - ---- ' �dxor�ion�.ttt�- relooa3ioo,#tasaetr?rr,,ItaYetrtpaiar�Ce�iifi-r��4f i � , Uccnpa ncy should to ee ded ppQl to# i ot> i=of'Ca3usGztc 4?t,a AXnvai Tmmtbef G abl�irued'-Morn lute lhsp�°tu-;�llanage�atad a E�ftlust�e pattT.prldrta#he.4ssnarl�af t Unrporafy Ogr ificate of y"oi 4�What<d�i ave iobk for duFhag a�ettifiCat`eop�ccx�parrcg bin�' � t fnsppctian7 i A-A Cettificate vfO=UpancY inspeetlon is.reV iced tOra#new b> slnessasand*r --i — wnatlttlnproYernerbtoe?dsth-c[,11xRi ras,.firfmi' speoatairtforntatl-'*see',O r ficate of�tocupa?tiGY.JnspecSPfiis, FcrtR§ t>aviC�➢tap • € r fz € 4/13/2015 1.24 PM Item 11. - 91 HB -694- City of Huntington Beach,California-Permit Center-Certificate of Occu. http://www handngtonbeachca.gov/govermnent/dePartnients/binidingsafe Hotie I w8#10- Rceld=ts OUMa*mt Bkg'u= V2:IM Striv es F i 3 _ t s — I , 1 6 f i E - F � i i � t 1 - ----_) oj*- j bto*- gov-r_isr-wA( -'gip I WT*.y tea? c EF.lewl*(coa'a�?�}t1i�� }- `2W-Main treeet?fiuti "9eack,Oa trb t2645 6,ccpyrl 5 cipuJ66vion 6aach.'Adgtas reserve& - 5ud qky tasA-alb rediftp d'trademA.-pf wg4ro somwa= { MRS 4/13/2015 124 PM 3 of 3 F HB -695- Item 11. - 92 EXHIBIT NO. 20 Item 11. - 93 HB -696- Ma r.r 4. 2015 4:59PM C ATTORNEY No. 1692 P. I ` t CMGT` � ffjNnWG ON BEACH Meav�� OFFICF Off`TM AStbrMCltwAnWhVj ��Cc�a,� CrrY ATTORNEY scMncM Assbt-k Auo� . Mgt Moors PA AMIN SrnrwcayAftw'F lv�i � L�Gates zaMoutu s� JaW FOP Hutt on B ch.Cgt rnis n "s nvuwc*Ate atyAUcmey Tc 71Q�¢i o �Olgaut DepusYCRP Ate' VJA BMAH,to Ul k 01MY.cOm Maxb 4,2015 - Disti 'a Pao&Associates,ba. 16%g Maio SUcck SWte 350 gat aAn&,CA 92701 FW- City of ff gfan Beach r:Daniel Ga*ld rdchiHanaf OCSC No.745511 Dear Mr.Pe2rano. ,,is gill c oa f n our cotversation today concerning the strong ofthe allegations cook in Paragraph 12 of the cotaplaint. Such allegations wu msstakcnly iaal" As sucii,Ibaays agreed to Mika tbwe atiegatians from the cu=p}a At Thank you for ynw co mipsy on tuts issue. Veay tiny y , D IC.0M Deputy C`1ty Atimma Z,a.ggQ2/118120.doa . HB -697- Item 11. - 94 � I } EXHIBIT NO. 21 Item 11. - 95 HB -698- 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-SS55 FAX(714) 374-1590 a Exempt from filing fees pursuant to Government Code §6103 5 Attorneys for City of Huntington Beach 6 ; 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO.3 0-2014-0074S 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 4 ) 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 S. Declaration of Scott Hess 6. Declaration of Jim Slobojan 20 ) 7. Declaration of Daniel K Ohl 8 [Proposed Order] 21 ' 2 2 DATE: January 14,2015 TIME 1.3 0 p.m. 23 ) DEPT. C-10 JUDGE. Honorable Linda S.Marks r 29 ) 25 I, Jim Slobojan, declare: 26 I am a competent adult over the age of 18 and have personal knowledge of the following 27 facts which I could and would testify to if called as a witness. I make this declaration in support 28 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 HB -699- Item 11. - 96 1 of Plaintiffs 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 job duties is that I am the City Business Tax Collector and in that capacity-I -- - - - e 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. 1 o 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 Crty, 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 i le 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 2 o 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 manjuana dispensary in the City. 22 If a person or business claims they are a non-profit business and applies for a non-profit 23 business license,the City would require the submission of appropriate paperwork to document 24 their non-profit status The City, on the advice of the Internal Revenue Service,would also ' 25 independently verify their non-profit status through the use of wwwauidestar or Unless 26 properly verified,the City would not issue a non-profit business license 27 28 14-4302/115578 2 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 11. - 97 HB -700- E E 1 I searched the ynAwguidestar_org site to verify an approved non-profit status for 2 Huntington Beach Care Givers No such business was listed as anon-profit status. I 3 4 I declare under penalty of perjury under the laws of the State of California that the ' 5 foregoing is true and correct. ' 6 _ Executed this _ day of 2015 at Huntington B each,Cahfornia. - 7 Jim S ojan - 9 10 11 12 - 13 14 I 15 i _ - 16- , 17 18 = - - - 19 =-- i- 20 1- _- -- - 21 - _-22 i 23 - - - _ _ 24 - 1 25 26 - 27 28 14-43 02/115578 3 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELB41NARY INJUNCTION AND TEMPORARY RESTRAINING ORDER - -- - - HB -701- Item 11. - 98 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 92648 7 On > ,I served the foregoing document(s) described as: B - -- 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 dus action by placing a true copy thereof in a sealed envelope addressed as follows: 12 Huntington Beach Care Cnvers BY HAND DELIVERY 13 17416 Beach Blvd. 14 Huntington Beach,CA 92649 (714) 475-5502 r 15 Cristian Peirano,Esq VIA email to clp@peiranolaw,com 16 P.eirano&Associates,Inc. 17 1666 N. Main Street, Suite 350 Santa Ana, CA 92701 18 c1p@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 j at Huntington Beach,California. 22 =,(-� f Z I 23 Joan Naideth ' 24 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 PRELIlvIDNARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 11. - 99 SIB -702- i i I EXHIBIT NO. 22 xB -703- Item 11. - 100 L I x F � I I EXHIBIT NO. 23 Item 11. - 101 HB -704- EXHIBIT NO. 24 HB -705- Item 11. - 102 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 Item 11. - 103 HB -706- Q. Okay. So they coordinated an inspection 18 A Yes. 19 Q Okay. So you get out there. These two i 20 gentlemen are there. 21 What--what's the situation? 22 A They enter the business I follow them. They r 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 HB -707- Item 11. - 104 M t Y I A L 7 Item 11. - 105 xB -708- 1 entry into the building. i 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 xB -709- Item 11. - 106 11 to handout the citation,if one is necessary,or do 12 they hand out citations? Do you know? 13 A. They don't have us handout citations They do 14 their own paperwork. i 15 Q. Okay. Really Okay. Interesting. 16 Did-- do you know if they handed out a 17 citation on that day? , 18 A. N o. 19 Q. No,you don't know, or no,they did not? 20 A They did not. Item 11. - 107 xB -710- ATTACHMENT #3 J� Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION August 26, 2015 CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O Cristian L Peirano, Peirano and Associates Inc 1666 North Main Street, Suite 350 Santa Ana, CA 92701 SUBJECT: PLANNING APPLICATION NO. 2016-146 (APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPELLANT/ APPLICANT: CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO, C/O Cristian L Peirano, Peirano and Associates, Inc 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER: Demond, 238 S. Atlantic Blvd , Alhambra, CA 91801 REQUEST: To obtain zoning approval to establish a medical marijuana dispensary at 19142 Beach Blvd , Suite Y LOCATION: 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield 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 finding Attached to this letter are the findings for denial Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763 00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty- Three Dollars ($3,383 00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday September 4. 2016, at 6:00 PM. Phone 714-536-5271 Fax HB -711-540 www s Item 11. - 108 Notice of Action PA 15-146 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 90YUPOL- Jivk Jam , Planning Manager SH JJ kdc Attachment Findings For Denial — PA 15-146 C. Honorable Mayor and City Council Chair and Planning Commission Fred A Wilson, City Manager Scott Hess, Director of Planning and Building Bill Reardon, Division Chief/Fire Marshal Michael Gates, City Attorney Michael Vigliotta, Chief Assistant City Attorney Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Budding Manager Jane James, Planning Manager Demond, Property Owner Project File Item 11. - 109 HB -712- ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-146(APPEAL OF DIRECTOR'S DECISION) FINDINGS FOR DENIAL - PLANNING APPLICATION NO. 2015-146 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 went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 The property is located in the Neighborhood Parkway Segment of the Beach and Edinger Corridors Specific Plan (BECSP) Medical marijuana dispensary is not listed as a permitted land use of the Neighborhood Parkway Segment BECSP Section 2 2, states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " 3. Medical marijuana dispensaries do not meet the purpose and intent of the Beach and Edinger Corridors Specific Plan or the Neighborhood Parkway Segment The Neighborhood Parkway Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2.1 8 ) Medical marijuana dispensaries do not meet the pedestrian oriented uses of the Neighborhood Parkway Segment 4 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including uses such as retail, personal service and pharmacy (Monterey v. Carmshimba (2013) 215 Cal App 4th 1068, 1092-94 ) 5 The Planning Commission has jurisdiction over this use determination appeal pursuant to HBZSO Section 204 02, including the business license aspects of the appeal, because one of the grounds the Finance Director cited for denial of the business license was lack of zoning approval (HBMC Section 508 360 ) 6 Planning Application No 2015-146 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204.18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 7 Planning Application No 2015-146 (Appeal of Director's Decision)to obtain zoning approval of a medical marijuana dispensary will not be compatible with surrounding uses because pursuant to Ordinance No 3788, the City repealed in November 2007 the limited exemption for dispensaries in Industrial zones Further the City enacted in June 2015, Huntington G\PCWOA\15\08-25-15 PA 15-146(MMD) Attachment 1 1 xB _71;_ Item 11. - 110 Beach Zoning and Subdivision Section 204 18, expressly demonstrating that medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 8 Planning Application No. 2015-146 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204 18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 9 Planning Application No 2015-146 (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 an MMD is not in compliance with the General Plan or the Zoning and Subdivision Ordinance. ' " 'W15\08-25-15 PA 15-146(MMD) Attachment 12 Item II. - 111 HB -714- ATTACHMENT #4, • Cit"'of it uiit gton�each��ani�ing a� Bui��lin Deparl�et�t+ 'R4' WFF PO IT , °' HUNTINGTON BEACH TO: Planning Commission FROM: Scott Hess,AICP, Director of Planning and Building BY: Jane James,Planning Manager C6� DATE August 25, 2015 SUBJECT: PLANNING APPLICATION NO. 2015-146 (APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPLICANT/ APPELLANT: CHC Organization, Inc. d b.a. Surf City Collective by Solomon Fishman President/CEO C/O Cristian L Peirano, Peirano and Associates, Inc 1666 North Main Street, Suite 350, Santa Ana, CA92701 PROPERTY OWNER: Demond, 238 S Atlantic Blvd , Alhambra, CA 91801 LOCATION: 19142 Beach Blvd, Suite Y, 92648 (east side of Beach Blvd, approximately 725 feet south of Garfield Avenue) STATEMENT OF ISSUE: • Planning Application No 2015-146 (Appeal of Director's Decision): - To obtain zoning approval to establish a medical marijuana dispensary in the Beach and Edinger Corridors Specific Plan at 19142 Beach Blvd., Suite Y • Staff Recommendation Deny Planning Application No 2015-146 (Appeal of Director's Decision) based upon the following. Pursuant to City Ordinance No 3788 adopted in 2007, medical marijuana dispensaries are a prohibited use throughout the City Dispensaries are not within any of the permitted use classifications of the Neighborhood Parkway Segment of the Beach and Edinger Corridors Specific Plan (BECSP) where Applicant's dispensary is located, instead, the characteristics of dispensaries are substantially different than uses within the Parkway Segment - Medical marijuana dispensaries are an expressly prohibited use throughout the City pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204 18, Prohibited Uses RECOMMENDATION: Motion to "Deny Planning Application No. 2015-146 (Appeal of Director's Decision) with findings (Attachment No 1)." HB -715- Item 11. - 112 i■■■■IS r■� ■ 12 did-A _ I■■■■■ 77 z, m= r i • 1: 1WE 1 m ' . �• 1 1� ALTERNATIVE ACTION(S); The Planning Commission may take an alternative action such as "Continue Planning Application No 2015-146 (Appeal of Director's Decision and direct staff accordingly." PROJECT PROPOSAL: Planning Application No 2015-146 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 19142 Beach, Blvd., Suite Y Background: The applicant opened and began operating a medical marijuana dispensary on or about April 13, 2015 Prior to opening, the applicant contends that they submitted a business license application, but that the City rejected it On June 5, 2015, the City accepted Business License and Certificate of Occupancy applications from the applicant requesting to operate a medical marijuana dispensary at the property (Attachment No 3). On June 26, 2015, the Director of Finance and the Director of Planning and Building together informed the applicant that the Business License and the Certificate of Occupancy applications were denied based on the fact that MMDs are a prohibited use wrtlun the City(Attachment No 3) The Crty's letter outlined the process for appeal of the Director of Planning and Building's decision. Appeal. On July 17, 2015, the applicant appealed the Director's decision (Attachment No 4) and the item is now scheduled for public hearing before the Planning Commission. Code Enforcement History: On July 24, 2015, the City sued the owners of the dispensary, CHC Organization, Inc., dba Surf City Collective, and Solomon Fishman (City of Huntington Beach v CHC Organization, Orange County Superior Court, Case No_30-2015-00800512) The case is ongoing. ISSUES: General Plan Conformance: The General Plan Land Use Map designation is M-sp-d (Mixed Use-Specific Plan Overlay-Design Overlay) The proposed Planning Application No 2015-146 to obtain zoning approval of an MMD is not consistent with this designation or the policies of the Crty's General Plan as follows. HB -717 Item 1 1. PC Staff Report—08/25/2015 (15sr30 Appeal PA 15-146 19142y ..- 1 14, A. Land Use Element Policy L U 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 Zoning Compliance: The subject site is located in the Beach and Edinger Corridors Specific Plan (BECSP), Neighborhood Parkway Segment, and the proposed use does not comply with the requirements of that zoning designation. Huntington Beach Zoning and Subdivision Ordinance Section 204 18 expressly prohibits medical marijuana dispensaries in all zoning districts and all specific plan areas in the City of Huntington Beach, including the BECSP Further, a medical marijuana dispensary is not listed as a permitted use under the Neighborhood Parkway Segment zoning designation. 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 environinent. 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 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 Processing Dates: DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE(S). Not Applicable Not Applicable Item 11. - 115 HB -718- 15sr30 A eal PA 15-146 19142 Beach Y NEVID) . ..a......port—08/25/2015 -T PP ANALYSIS: The applicants' appeal raises the following three issues 1 Ordinance No 4058 Prohibiting Medical Marijuana Dispensaries Is Valid In May 2015, the City Council adopted Ordinance No. 4058, adding Section 204 18 to the Huntington Beach Zoning and Subdivision Ordinance, which states in relevant part "A medical 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) The applicant makes the legal argument at pages 2-4 of the appeal that Section 204 18 is invalid. The City Attorney considers this claim without ment, particularly since the Supreme Court recently approved of such local ordinances prohibiting medical manjuana dispensaries in City of Riverside v Inland Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 If the applicant seeks to persist in this claim, it should be raised in Court The Planning Commission should review the appeal on the basis that all City Ordinances are valid. It should also be noted that even prior to the adoption of Section 204 18 prohibiting all medical marijuana dispensaries throughout the City, the HBZSO already banned dispensaries In November 2007, due to increasing concerns of public health, safety, and welfare of the residents and businesses, the City Council adopted Ordinance No. 3788, which amended the HBZSO to specifically repeal the authorization of dispensaries in Industrial zones By repealing the singular authorization of dispensaries in Industrial zones, the result was to prohibit them throughout the City The prohibition on medical manjuana dispensaries has remained intact since 2007 2. Medical Marijuana Dispensaries Are Not A Permitted Use In The Neighborhood Parkway Segment of the BECSP As explained above, medical manjuana dispensaries have been prohibited throughout the City since 2007 However, the applicant makes the specific claim at pages 4-8 of its appeal that regardless of the general prohibition on dispensaries, its individual dispensary is a permitted "commercial" use The Planning Commission should reject this claim The property is located in the Neighborhood Parkway Segment of the BECSP Medical marijuana dispensaries are a prohibited land use of the Neighborhood Parkway Segment. Both the HBZSO and the BECSP are "permissive" land use regulations in that they list the uses which are permitted They both use classifications to describe and group uses having similar characteristics, but do not list every use or activity that may be within the classification Any use not enumerated is presumptively prohibited To distinguish between the two, BECSP Section 2 2, entitled`Building Use Regulations" states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan." This practice of the BECSP is consistent with the HBZSO Section 204 02: "The director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this title The HB -719- Item 11. - 116 PC Staff Report—08/25/2015 1 (15sr30 Appeal PA 15-146 19142 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" The Neighborhood Parkway Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2 1 8.) Each of these uses is defined at Section 2.2 of the BECSP. Nowhere is a medical marijuana dispensary listed as a permitted use Instead of addressing the BECSP in its appeal, the applicant claims that the proposed Dispensary should be regulated as if it were a "retail use," relying upon the Commercial zone provisions of HBZSO Section 21104. Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including retail use. In the case of City of Monterey v Carrnshzmba (2013) 215 Cal App 4th 1068, the Court found "that the operation of a dispensary does not fall within the use classification of retail sales " (Id. at 1092) The Court also determined that a dispensary did not fall within the term "personal services," (id at 1092), or fit "within the model under which a pharmacy or medical supply house conducts retail sales of prescription pharmacies and medical supplies to customers " (Id at 1093-1094) The Court concluded that while "medical 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 ) 3 The Applicant Was Not Wrongfully Denied The Opportunity To Apply For A Business License The applicant claims at pages 8-9 of its appeal that the June 26, 2015 letter stating that the Director of Planning and Building had determined that the proposed dispensary is not eligible to receive any zoning approvals incorrectly stated that the applicant could appeal the Director's decision to the Planning Commission(Attachment 3) Applicant contends that the appeal should have been filed with the City Clerk, and processed under HBMC Section 5.08 310, which states that"Any person aggrieved by any decision of the Finance Director under Huntington Beach Municipal Code Chapters 5 04 through 5 16 may file an appeal with the City Clerk." The appeal was directed to the Director of Planning and Building because Huntington Beach Municipal Code Section 5 08 360 provides that no business license "shall be issued to any person failing to present all appropriate zoning permits." The June 26, 2015 decision expressly states that lack of zoning approval was one reason the Finance Director denied the business license (Attachment 3) Given that the Director of Planning and Building denied the zoning approval (as well as an occupancy permit on the same ground), any appeal must be directed to the Planning Commission pursuant to HBZSO Section 204 02. In summary, medical marijuana dispensaries have been a prohibited use within this City since the City adopted Ordinance No. 3788 in November 2007 Recently, in order to make this longstanding prohibition clearer to the public, the City enacted HBZSO Section 204 18 in May 2015 This zoning Item 11. - 117 HB -720- rt—OLdii r�uport—08/25/2015 V (15sr30 Appeal PA 15-146 19142 Beach Y WAD) amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific areas Therefore, Staff recommends that the Planning Commission deny Planning Application No. 2015-146, the applicant's appeal, and request to obtain zoning approval for a medical manjuana dispensary at the subject site ATTACHMENTS: 1 Findings for Denial—Planning Application No 2015-146 (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 Solomon Fishman dated June 26, 2015 (includes copy of Business License application and Certificate of Occupancy application) 4. Appeal from Applicant, CHC Organization, In c d b a. Surf City Collective by Solomon Fishman President/CEO, C/O Cristian L. Peirano, received and dated July 17, 2015 5 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated July 24, 2015 SH JJ:kd HB -721- Item 11. - 118 PC Staff Report—08/25/2015 (15sr30 Appeal PA 15-146 19142 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR DENIAL PLANNING APPLICATION NO 2015-146 (APPEAL OF DIRECTOR'S DECISION) SUGGESTED FINDINGS FOR DENIAL-PLANNING APPLICATION NO. 2015-146: 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007 Since then, Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204 18 went into effect in June 2015 and expressly articulates that medical manjuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 The property is located in the Neighborhood Parkway Segment of the Beach and Edinger Corridors Specific Plan (BECSP) Medical marijuana dispensary is not listed as a permitted land use of the Neighborhood Parkway Segment. BECSP Section 2.2, states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan" 3 Medical marijuana dispensaries do not meet the purpose and intent of the Beach and Edinger Corridors Specific Plan or the Neighborhood Parkway Segment The Neighborhood Parkway Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2 1.8 ) Medical marijuana dispensaries do not meet the pedestrian oriented uses of the Neighborhood Parkway Segment. 4 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including uses such as retail, personal service and pharmacy. (Monterey v Carrnshimba (2013) 215 Cal.App 4th 1068, 1092-94.) 5 The Planning Commission has jurisdiction over this use determination appeal pursuant to HBZSO Section 204 02, including the business license aspects of the appeal, because one of the grounds the Finance Director cited for denial of the business license was lack of zoning approval (HBMC Section 5.08.360) 6 Planning Application No. 2015-146 (Appeal of Director's Decision) to obtain zoning approval of a medical manjuana dispensary will be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204 18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach. 7 Planning Application No 2015-146 (Appeal of Director's Decision) to obtain zoning approval of a medical manjuana 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 Industnal zones Furthe,r the City enacted in June 2015, Huntington Beach Zoning and Subdivision Section 204 18, expressly demonstrating that medical marijuana dispensaries are a prohibited use within the City of Huntington Beach. Item 11. - 119 HB -722- r�-3L ui r rpolt—08/25/2015 Attachment No 1 i 8 Planning Application No. 2015-146 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204.18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach. 9. Planning Application No 2015-146 (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 L U 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 an MMD is not in compliance with the General Plan or the Zoning and Subdivision Ordinance. HB -723- Item 11. - 120 PC Staff Report—08/25/2015 AttaWLUM"L 14V 1 204 02 Apphcability �M1 �7^t�,�7��yy,,�� Li�13111V=d�Exk '`+�rr"wrf+ 4 .,r'Mghr...=:' i�'�^"�. I+r"•Iln'-, �`rr =litf�=_20=20NING CAD -GEN R_Ol%ISIO(�S` fja tec2 i1JEC}fS�JiIf�TIOI+7S ;��; s, 3 a€ G� ^,;�r�s=..5+:' -,:. . 204.02 Applicability Use classifications describe one or more uses having similar characteristics,but do not list every use or activity that may appropriately be within the classification The director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this title The director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification The director's decision may be appealed to the Planning Commission (3334-6/97) View the mobile vei sion. ATTACHMENT N4.-2-.A, Item 11. - 121 es/huntmQtonbeachMew h `?to icZ code- HB -724-+&frames=on S/1S/2015 6 02 23 P -- -r -.---- -- --- a P P P mob'_ _ � Ml 2 04 18 Prohibited Uses 'r-fArdq tP s- '. _.� ..' liir'�z.`y; '"n -','J „''a=--'"`y`'`Fr == •s''F - s' - 'i'rtl&20'2�ON�1 DE=�EbIE{31t t- ST�ta1S f z ' u F '�,5-'S- �-�R`�a�' Z 3 _ ia (19 SSE�L�L�4SSIEi LaN >"< k i M; �r 204.18 Prohibited Uses A Purpose. In order to expressly inform the public that any distribution of manjuana by Medical Marijuana Businesses, Collectives,Cooperatives or Dispensaries, etc, is prohibited in the City of Huntington Beach,the City is adding this express prohibition to the Zoning and Subdivision Ordinance B Definitions.For purposes of this section,the following term is defined 1 Medical Marijuana Business,Collective,Cooperative or Dispensary means any location, structure, facility, vehicle,business, store,co-op, residence,or similar facility used,in full or in part,as a place at or in which marijuana is sold,traded, exchanged,bartered for in any way,made available, located, stored, displayed,placed or cultivated, including any of the foregoing if used in connection with the distribution of marlJuana 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 to the City (4059-5/15,4058-6/15) View the mobile version. ATTACHMENT NO. 2. 2. http//www gcode us/codes/huntmgtonbeach/vie-AphpAopjc=zonmg_-Pode-.HB -725- &frames=on[8/18/2015 6 0135 PK Item 11. — 122 CITY OF I-IUNTINGTON BEACH Original Via U.S. Mail —Certified Return Receipt June 26, 2015 Solomon Fishman CEO/President, Treasurer, Secretary CHC Organization, inc dba Surf City Collective 19142 Beach Blvd #Y Huntington Beach, CA 92647 Dear Mr Fishman 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 5, 2015, you submitted an application for a business license for the Retail Sale of Medical Marijuana and Sale Related Publications 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, retying 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 o Phone 714-536-5630 o Fax 714-374-5365 0 Item 11. - 123 www huntHBt 76 beachca goy ATTACHMENT NO._3:i__ —- - - - ---- - - - —-Page 2- CHC Organization, Inc dba Surf City Collective 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 Budding by submitting an appeal to the Planning Commission by filing a written notice of appeal within ten (10) days The Notice of Appeal shall include the name and address of the appellant, the decision to be appealed, and the grounds for the appeal That appeal must be accompanied by a payment of$494 00 to cover the filing fee The City of Huntington Beach thanks you for your interest in conducting business in the City in light of the denial of your business license application, the City will be issuing you a full refund of any payments you made to the City with your business license application The reimbursement will be sent by check to your mailing address If you have any questions or concerns, please do not hesitate to contact ether the Director of Finance at (714) 536-5630, or the Director of Planning and Building at (714) 536-5276 Thank you Sincerely, LTV`- 4-'� Lori Ann Farrell, Director of Finance colt ss, Director of Planning and Building Enclosure Copy of Application HB _��_ ANTACHMENTItem 11. - 124 CITY OF HUNTINGTON BEACH , FINANCE DEPARTMENT—BUSINESS LICENSE I P 0 Box 190-2000 Main Street,Huntington Beach,CA 9264&2702 Phone(714)536-5267—Fax(714)536-5934—www_huntincitonbeachca gov APPLICATION FOR BUSINESS LICENSE 1USINESS DETAILS' Ap licaborra must be typed,or legibly hand printed in blue or black ink Name of Business(DBA)-Surf Gity Collective Name of Corporation(attach list of officers) CHC Organization,Inc Owner(s)or Pnncipaf(s) Title CEO/President Solomon Fishman Title Treasurer Contact Person Title Secretary Solomon Fishman Business Address 19142 Beach Blvd #Y,Huntington Beach,CA 92647 Mailing Address,City,State,Zip_ E-mail Address Web Site Business Phone Fax www weedmaps coin 714-362-0339 n/a Type of Ownership Social Security# Type of Ownership ❑LLC Federal State Tax ID ❑Sole Proprietor ❑Partnership !�Corporation Date Business Started in Huntington Beach #Employees(include self Fult-time Part-time(FTE) sic# April 13,2015 per latest tax filing) 7 3 5999 Detailed Description of Business Activrty Retail Sale of Medical Marijuana, Sale Related Publications Located in a BID? BID Zone Area (sq ft) BID Type Discharge into Stormdrain? NPDES Permit# ❑Yes ❑No ❑1 ❑2 ❑Yes W No Description of Products Sold Do you collect sales tax?®Yes❑i4� Seller's Permit(Resale#) Manluana/Publications 102-755044 Business Vehicles Used in the City Under 1 tan 1-3 tons Over 3 tons License Plate# License Plate# ❑Yes ®No How Man ❑ General Contractor Contractor's tic# Classes Expiration Date Job Address ❑Sub Contrac ix Burglar Alarm System? ❑Yes ❑No Alarm Permit# Health Permit# ABC License# CUPA# If ves,permit is required Call 14 960-8805 Stage License(#/Type/Exp Date) Live Entertainment? ❑Yes ❑No Sale of Adult Only Items? ❑Yes ❑No Coven Operated Machines? #Vending #Amusement #Service #Music #Bulk ❑Yes ❑No Vending Companys Nam/AddresslPhone #Apt/Motel/Rooming House/Office Units #Traller Spaces Date of Purchase Mobile Vendor? ❑Yes ❑No If yes,complete section on bade of form I am aware of the provisions of Section 3700 of the California Labor Code,which requires every employer to be insured against liability for Workers compensation (Please check appropriate box) ❑ Certificate of Workers Compensation Insurance ❑Certificate of Self-Insurance of Workers Compensation ❑ 1 certify that in the performance of work for which this Dense is Issued I shall not employ any person in arty 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 your license immediately becomes revoked f hereby declare unde and statements on this application are true and correct Signature Idle CEO/President Printed Name Solomon Fishman Date 4/13/2015 Total Due: Page 1 of 2 Item 11. - 125 HB -728- ATTACHMENT N0. 3 i SUPPLEMENTARY INFORMATION REQUIRED (NON-PUBLIC INFORMATION) prications must be typed,or legiblyhand anted in blue or black ink T`" Owner orP"n�ipaleCEO/Presldent Solomon Fishman Residence Address209 Colton Street G"y Newport Beach state CA Zip 92663 Home Phon Data of Sirt Social Securl Driers Licensv� Signature E ,; Date 4/13/2015 Partner's Name or Seobndery Principal(if applicable) Title Residence Address City State Zip Home Phone Date of Birth Social Securtty# 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 Descripbon of Logo(may attach photo) Make of Vehicle Year Color VIN# Previous Ucense7 Gty where previous license obtained Date [I Yes El No Has ircense/franahise previously been Reason for Suspension if Yes Year revoked/suspended? ❑Yes ❑No MOBILE VENDORS MUST ALSO PROVIDE WiTH APPLICATION • Photo copy of valid drivers license for each driver • DMV auto registration • Copy of auto insurance referencing ViN and policy#,naming additionally insured • Color pholos of vehicle showing full side profile with logo and full rear of vehicle wrth license plate IMPORTANT INFORMATION Please notify the Business license Office of any changes to the business, including business name,location, owners, partners, business type or activity If the business license is not updated accordingly,it may no longer be valid and the business owner may then be liable for penalties and administrative citations If the business moves to another commercial location,a Certificate of Occupancy for the new location must be applied for with the Planning Department Call(714)536-5271 for application As an applicant for a business license as a sole propnetor,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 Secunty 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 taws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disabihty access laws at the following agencies:The Division of the State Architect at www des caxoy/dsa/Home.asps The Department of Rehabilitation at www.rehab cabwnea� The California Commission on Disability Access at www.ceda-ca.grov. Signature OFFICE USE ONLY Bus License# NOTES: TOTAL DUE- $ (Includes non-refundable processing fee) Page 2 of 2 xB _��_ LTT�RCHMENItem 1 L- 126 CERTIFICATE OF OCCUPANCY 020 CITY OF HUNTINGTON BEACH— camDEPT.OF PLANNING&BUILDING APPLICATION RU nNGiON BE00 (3`d Floor—The Applicant Must Apply In-Person) Business Address 19142 Beach Blvd #Y,Hunfington Beach Date 6/4/2015 Business Owners Name Solomon Fishman Zip Code 9264e Business Name CHC Organczahon,Inc d/b/a Surf City Collective,Inc Telephone No 949-630-6910 Business Type Medical Marlluana Dispensary and Retall sale of Marijuana Related Publications Bus Phone 714-362-0339 Property Owner Information (required) Tenant/Emergency Contact (requires) Name DDD Pham LLC Name Solomon Fishman Address 1736 44th Ave Home Address 209 Colton Street City San Francisco State/Zip CA/94122 City Newport Beach State/Zip CA/92663 Telephone No 415-753-3000 Telephone No THIS USE WOULD BE DESCRIBED AS: ❑ Newly Constructed Building or 0 Existmg Building IS THIS BUILDING FIRE SPRINKLERED? ❑Yes []No CHECK.ALL THAT APPLY. ❑Change of Business Owner [I Change of Occupant ❑Change of Use ❑ Additional Occupant ° Indicate former type of business unknown believed to have been retail sales ■ Are you requesting that the electricity be turned on? ❑Yes 19 No • Will operations produce dust/wood shavings or similar material? ❑Yes N No ■ Will operations involve the repair or replacement of automobile parts? ❑Yes ®No If yes Describe the components repaired or replaced ■ Does the operation involve the use of welding or open flame? ❑Yes ®No ■ Will the business be a drinking,dining or assembly use with an occupant load of more than 50 persons ❑Yes ®No ■ Will there be storage racks,gondolas,or shelving exceeding 5feet 9 inches in height? ❑Yes ©No The following best des cnbes my operation ❑Office Only ® Retail Sales ElMedmcal/Dental l]Warehouse/Manufachumg/Distnbution ❑Restaurant/Take-OutFood ❑Other ■ Will any meat products including beef,poultry,and/or fish bee cooked or fried onsmte?❑Yes 9 No If you answered yes,please proceed to the next question • Does your facility currently have a grease control device(i e.grease trap or grease interceptor)? Check one ❑Yes ®No For Official Use Only Occ Group Area Occ Load i Occ Group Area Occ Load -Occ_-Group - _ --_ _-- _-- -__-- _ -Area -Occ Load Total Sq Ft Occupied No of Stones TIF Review Y/N Bldg Permmt# Entitlement# Zoning Planning Initials Date Building Reviewed By Initials Date Conditions of Approval or Other Notes Grease Interceptor Verified Inspected By Initials Date Item 11. - 127 HB -730- ATTACHMENT NO. 3.5 � f CASH RECEIPT _ CITY OF HUNTINGTON BEACH PO BOX 711 HUNTINGTON BEACH,CALIFORNIA 92648-0711 www huntmgtonbeachca gov/payments ' DATE Issuing Dept Dept Phone# t - FUNDS RECEIVED FROM -. - ADDRESS - - Phone# ` - i- - FOR AMOUNT RECEIVED 0 Cash E)Check# 0 Credit Card $ _l Prepared ;' Received G��- Finance B A roval IF OSIECT=50000 THRU 90000,FINANCE APPROVAL REQUIRED Approval Date Business Unit Object _ Subs Sub Led er T pe -----I-- --- - -- ------ � -- - ( -�--j--- ----- -- ---- TOTAL $ Stamped Validation Only r_ _ Please do not write in the box below-'-' No.1283059 ISSUING DEPARTMENT COPY xB -731- ATTACHMENTItem 11. - 128 CITY OF HUNTINGTON BEACH 1 Lf" Original via U.S. Mail — Certified Return Receipt July 7, 2015 Mr Solomon Fishman 209 Colton Street Newport Beach, CA 92663 Dear Mr. Fishman- Please see the enclosed latter from the City of Huntington Beach dated June 26, 2015, regarding your business f►cense application. This letter was sent to you via Certified Mail to the business address you indicated as your marling address on the business license application as follows CHC Organization, Inc dba Surf City Collective Mr Solomon Fishman, CEO/President 19142 Beach Blvd #Y Huntington Beach, CA 92647 On Tuesday, Jufy 7, 2015, this letter was returned to the City by the United States Postal Services as "Vacant — Unable to Forward". As such, we are forwarding the letter to your address of residence. Sincerely, Cos ri Ann Farrell t)irector of Finance Enclosure- Certified Letter Reference 7008 3230 0001 1468 1639 2000 lyfazn Street, California 9264�8-2702 f Phone 714-536-5630 4- Fax 714-37 ---5363 # -v}w w.hunringtenbeachca.-ov Item 11. - 129 HB -732- AT NCB. 3 .`l - - E-C- S JUL 1`7 2015 ai -t, of Planning & Building DEMAND FOR APPEAL OF f 2 DENIAL OF BUSINESS LICENSE BY DIRECTOR OF FINANCE 3 4 TO, CITY OF HUNTINGTON BEACH CITY CLERK& CITY COUNCIL AND/OR DESIGNEE 5 6 FROM: APPLICANT, CHC Organization, Inc.d b a Surf City Collective by Solomon Fishman President/CEO 7 C/O &to the Attention of. Cnstian L. Peirano,Esq.of Peirano&Associates,Inc. 1666 North Main Street, Suite 350 8 Santa Ana, CA 92701 9 Date: July 15,2015 10 RE- Appeal of City of Huntington Beach,Finance Director, Lori Ann Farrell& Director of Planning&Building, Scott Hess's denial of business license 1 I application certificate of occupancy to operate medical marijuana dispensary rendered on June 26,2015 and Mailed Successfully on July 7,2015. 12 13 I, Solomon Fishman, President/CEO for CHC Organization, Inc. d b.a Surf City Collective 14 demand by way of this appeal that the City of Huntington Beach issue nee a business license along with 15 all applicable permits in order to operate medical marijuana dispensary at the location commonly known 16 as: 19142 Beach Blvd., Suite Y, Huntington Beach,CA 92647 for the following reasons. 17 1. The City of Huntington Beach's denial of business license application based on HBZS 18 19 section 204.18 is not valid as the underlying Ordinance No. 4059 used to pass 2014.18 20 is void as a matter of law pursuant to California Government Code section 65858(e) as 21 it duplicated the City's Ordinance No 3700. 22 2 Medical Aid Program prior to operating attempted to apply for business license, but was 23 - - - wrongf illy denied its due process rights to submit its business license applicatio 24 because of the City's mistaken belief that its municipal code sections prohibite 25 26 medical marijuana dispensaries from operating in the zone where Applicant operated 27 out of. 28 3. The City's notice of denial with instructions for appeal of Finance Directors' decision was defective in that HBMC section 5 08.310 clearly states that an applicant aggrieve HB _733_ Item 11. - 130 DEMAND FOR APPEAL OF bvou.Poa,LICENSE APPLICAT NT] tME14 1 NUS t: I by any decision of the Finance Director 5 04 through 5.16 may file an appeal with the 2 3 City Clerk within 15 days of the date of mailing and that such appeals be filed with the 4 City Clerk and not the Director of Building and Planning as incorrectly being tasked 5 with the appeal The notice of decision, however, states that the appeal will be file 6 with the Director of Planning and Building and that Applicant has only 10 days i 7 which to do so and according to the telephonic confinniation no submission is allowed 8 by mail when all others are allowed to do so 9 10 11 ARGUMENT 12 I. The City of Huntington Beach's denial of business license application based on HBZSO section 204.18 is not valid as the underlying Ordinance No.4059 used to 13 pass 2014.18 is void as a matter of law pursuant to California Government Code 14 section 65858(e) as it duplicated the City's Ordinance No. 3700 15 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 16 business license application its application for business license was denied because. 17 Earlier this year, the City passed an ordinance that expressly prohibits the estabhshment of Medical Marijuana Dispensaries or related businesses in Huntington 18 Beach; although this ordinance did not change the City's longstanding (HBZSO Section 19 204,18) Prior to this Ordinance (land use laws) in Huntington Beach prohibited the establishment of any Medical Marijuana Dispensaries or related business in Huntington 20 Beach because such a businesses were not listed as a "permitted use" under the City zoning laws (HBZSO Sections 204 02,2014.10,211.04, and 215.04) 21 22 See Exhibit"A" City of Huntington Beach June 26, 2015, denial of business license application. 23 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O 24 CALIFORNIA GOVERNMENT CODE SECTION 65858, ET. SEQ. 25 The City's June 26, 2015, denial of business license application by Applicant, the City makes i 26 clear that the City thinks that it passed Ordinance 4059 on May 4, 2015 Passage of an urgency 27 ordinance, such as this one, are subject to particular procedures that must be followed by the City ,)8 adoptmg a zoning ordinance. However- Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city Item 11. - 131 HB -734- CHMEMI Z' 11 DEMAND FOR APPEAL OF hunnr,a�j,ICENSE APPLICATION DECISION 1 and county, to protect the public safety, health, and welfare, may adopt as an urgency 2 measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, speck plan, or zoning proposal that the legislative body, 3 planning commission or the planning department is considering or studying or intends to study within a reasonable time 4 California Government Code section 65858(a). 5 While enacting Ordinance 4059,the City invoked this provision- "Pursuant to Government Cod 6 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 7 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 8 health, safety, or welfare." 9 B. The City cannot meet the provisions of Cal. Gov. Code §65858 as it failed to ameliorate the 10 effects of its prior urgency ordinance for moratorium against medical marijuana 11 dispensaries. 12 The ability to simply bypass procedures based upon the willingness of a city council to make 13 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 14 approval of additional subdivisions, use permits, variances, building permits, or any other applicable 15 entitlement for use which is required in order to comply with a zoning ordinance would result in tha 16 threat to public health, safety, or welfare" (Gov. Code § 65858(c)) would seem ripe for abuse, and the 17 City does just that.Fortunately, subdivision(e) steps ni to prevent the City's abuse: 18 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, 19 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 20 provided in this section. 21 California Government Code section 65858(e). (Emphasis added). 22 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medic. 73 marijuana dispensaries."No two interim ordinances can address the same subject on the same land for 24 the same reason and purpose. 25 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 26 The City admits there was a previous moratorium in the new interim ordinance: "The City o 27 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries." (City' 28 RJN E, § 1A.) In fact,the City adopted it on February 22,2005: A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 3700—"An Interim Ordinance of the City QfHuntington Beach Itnposzng a Morato-4�~ HB -735- Item 11. - 132 DEMAND FOR APPEAL OF LICENSE APPLIC T- I on Medical Marijuana Dispensaries" with specific findings regarding the detriment to 2 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 3 moratonurxn. The motion carried by the following roll call vote: AYES- Hansen,Coerper, Sullivan,Hardy, Green,Bohr 4 NOES Cook ABSENT: None 5 City Council Minutes,February 22,2005 6 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t 7 California Government Code Section 65858(a) this interim ordinance shall become effective 8 immediately." (Ordinance 3700, § 4.) Including the amendment to cut the effective period down to 3 9 days,the moratorium expired on March 25,2005 and can not be re-enacted ten years later pursuant 10 to Government Code section 65858,subdivision(e). As a result,the current state of the law in the City 11 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 12 medical marijuana dispensaries. 13 I1. Solomon Fishman prior to operating attempted to apply for business license, but 14 was wrongfully denied its due process rights to submit its business license 15 application because of the City's mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from operating in the zone where the 16 dispensary was located. 17 The Huntington Beach Municipal Code provides that it will issue licenses for those seeking 18 business license and that it cannot use its business license for the purpose of regulation. 19 "The business licenses issued pursuant to the provisions of this title constitute a receipt 20 for the license fee paid and shall have no other legal effect. A business license is a 21 requirement,not a permit to conduct,manage or carry on any business activity within this City.(838-6/61)" 22 14BMC section 5.04.090 License not a permit. 23 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 24 and is not intended for regulation (766-7/60) 25 HBMC section 5 04 020 Purpose ' 26 According to the City's own pamphlets available on line as of die date of this appeal states the 27 28 followmg A City of Huntington Beach business license is not a regulatory license but is a tax to help pay foi the public safety needs of the people of Huntington Beach Item 11. - 133 HB -736- . 11 DEMAND FOR APPEAL OR buatnr,,a-LACENSE APPLICATION 1 2 About Business Licenses,City of Huntington Beach's website: <http.//www huntingtonbeachca.gov/ 3 files/users/finance/How_to_do_bus flyer pdf 4 Applicant's dispensary falls under the category of General Commercial under the City's land use 5 laws a property classified as general commercial can undertake retails sales of goods such as medical 6 marijuana. 7 211.04 CO,CG,and CV Districts—Land Use Controls 8 In the following schedules,letter designations are used as follows: "P" designates use classifications permitted in commercial districts 9 "L" designates use classifications subject to certain limitations prescribed by the 10 "Additional Provisions"that follow 11 Use classifications that are not listed are prohibited. Letters in parentheses in the 12 "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance Where letters in parentheses are opposite a use 13 classification heading, referenced provisions shall apply to all use classifications under the heading 14 CO,CG,and CV Districts: Land Use Controls IS P=Permitted [ 1 16 Co CG [Commercial CV Additional General] Provisions 17 Commerical 18 Uses 19 Retail Sales - P P (U)(V) 20 CO, CG, and CV Districts:Additional Provisions 21 Huntington Beach Zoning Subdivisions&Ordinance section 211.04 22 This is exactly what Applicant,intends to do which perform retail sales of medical marijuana. This i 23 allowed in this zone for this property and for this purpose without the need for any additional permits as 24 indicated under 21104 as cited hereinabove. 25 The next question is what retails sales are allowed and what merchandise can be sold in the sector 26 where the Property is located? Those two questions are easily disposed of in the City's municipal cod 27 section that follows regarding the permitted use by Applicant under HBMC 204.10Y 28 a. The retail sale of medical marijuana is provided for under the City of Huntington Beac municipal code section under: 204.10Y states: HB -737- ATTACHMEN Item 11 - 134 DEMAND FOR APPEAL OF b u ounrao jICENSE APPLICATION DECISION t I Y Retail Sales.The retail sale of merchandise not specifically listed under another use 2 classification.This classification includes department stores, drugstores,tores,clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, 3 handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, 4 kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive 5 parts and accessories (excluding service and installation) 6 Hunting Beach Zoning& Subdivision and Ordinances section 20410Y. 7 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 8 "Permissive" in circumstances such this means that if something is not specifically provided for o 9 allowed then it is not permitted and/or is prohibited. 10 In this case however, there are two reasons why this does not apply as a matter of fact and law.'The 11 first is the code section above,is a catchall provision providing for the right to sell merchandise: "Retail 12 Sales.The retail sale of merchandise not specifically listed under another use classification." Huntington 13 Beach Zoning& Subdivision Ordinances Section 204.10Y. 14 This language lifts it out of the permissive analysis to a prohibitive statutory analysis.Under 15 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 16 under the permissive scheme: Nothing which is done or maintained under express authority of a statute 17 can be deemed a nuisance California Civil Code section 34-82. 18 As a compliment to that section and in order to further understand the application of the language in 19 establishing that the City's laws do embrace medical marijuana dispensaries• 20 211.02 Commercial Distracts Established The purpose of the commercial districts is to implement the General Plan and Local 21 Coastal Program commercial land use designations. Three commercial zoning districts are established by this chapter as follows: 22 * � 23 B, The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach 24 Huntington Beach Zoning & Subdivision Ordinance section 211.02 25 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 26 within the stated purposes of the City in keeping with its objectives for its land use laws. This is mad 27 clear through its use of the terms "full range of retail. businesses" meaning the complete spectrurn o 28 retail businesses without any further qualification whatsoever. This section does not say "a moderate range of retail businesses", "some retails business", o r Item 11. - 135 HB -738- 11 DEMAND FOR APPEAL OF 1,vuii,i,. uICENSE APPLICATION DECISION I "everything except medical marijuana." The City could have but it did not Clearly, persons such a 2 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 3 City of Huntington Beach. 4 The second reason why the principal of percussive code interpietation is inapplicable in this case 5 comes by way of Art. I., Sec.'s 1 & 26 of the California State Constitution It mandates that the right 6 involved with medical marijuana deal with certain inalienable rights 7 "All people are by nature free and independent and have inalienable rights Among these 8 are enjoying and defending life and liberty, acquiring, possessing, and protecting property,and pursuing and obtaining safety,happiness,and privacy." 9 10 California Constitution,Article 1,Section 1. 11 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 12 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or bette 13 tolerated through the use of medical marijuana. It also involves the right to be safe from chronic pain o 14 medical conditions, which also affects one's rights to puisue happiness, all of which can be achieve 15 through the use of medical marijuana. 16 The right to medical marijuana however, is not an absolute or an unfettered right The right t 17 medical marijuana is subject to proscription under the language provided for under California 18 Constitution Art. 1. Sec. 3(b)(4) that guarantees and mandates that if such a right is to be limited o 19 denied that such limitation or prohibition must be achieved through due process of law and under equal 24 protection of law. In order to meet this mandate,those like the City, seelang to limit or take away an 21 person's rights to medical marijuana must do so through excess words 22 "The provisions of this Constitution are mandatory and prohibitory, unless by express 23 words they are declared to be otherwise." 24 California Constitution,Article 1, Section 26 25 But the reality is that please property falls squarely within the classification general commercial an 26 is offered to the opportunity of conducting general retail sales. The City's general commercial zones use 27 classification states full: 28 ...retail sale of merchandise not specifically listed under another use classification. HB -739- ATTACHMEItem� 11. - 136- DEMAND FOR APPEAL OF Bubuvhaa iLICENSE APPLICATION DECISION 1 This classification includes... drugstores, and businesses retailing the following goods.... 2 3 handcrafted items,medical supplies,. ." 4 HBZSO section 204 10Y 5 But this thing is a question of just how geneious and expansive MBZSO section 204.10Y The 6 answer is that it is wide open according to the stated intent of the city when seeking to define the 7 umveise of retail sales that are included in the applicable use classification. The answer simple because 8 the city clearly states and it's intention of what has intended to include in its retail sales: 9 10 The purpose of the commercial district is to implement the general plan and local 11 coastal program commercial land-use designations. Three commercial zoning districts 12 ourselves by this chapter as follows: 13 [***] 14 B. The CO general commercial district provides opportunities for the full range of retail 15 and service this is being suitable for location in Huntington Beach. 16 HBZOS 211.02, {"***" indicating deletion of chapters or paragraphs not being used in the citation b 17 18 applicant) 19 Clearly, the intended universe of retail sales encompasses in the cities limited industrial are 20 covered under general commercial district is compliments and he is a full range of retail business. Full 21 range can be defined according to common parlance is used by the people means: the entire spectrum_ 22 plainly and clearly intending to encompass anything and everything that can fall into this use 23 classification. 24 IIT. The City's notice of denial with instructions for appeal of Finance Directors' 25 decision was defective in that HBMC section 5.08.310 clearly states that an applicant aggrieved b any decision of the Finance Director 5.04 through 5.16 may file an appeal with the City Cler 26 within 15 days of the date of mailing. Such appeals are to be filed with the City Clerk and not the 27 Director of Building and Planning, which is incorrectly being tasked with the appeal. In violation of the City's laws decision states that the appeal will be filed with the Director of Planning an 28 Building and that Applicant has only 10 days in which to do so and according to the telephone confirmation no submission is allowed by mail when all others are allowed to do so. Item 11. - 137 - ATTACHMENT NO. HB -740 11 DEMAND FOR APPEAL OF BUSH Ebb LICENSE APPLICATION DECISION I The City's notice of denial with instructions for appeal of Finance Directors' decision was 2 defective in that HBMC section 5.08 310 clearly states that an applicant aggrieved by any decision o 4 the Finance Director 5 04 through 5 16 may file an appeal with eh City Clerk within 15 days of the date 5 of mailing and that such appeals be filed with the City Clerk and not the Director of Building an 6 Planning as incorrectly being tasked with the appeal. 7 Applicant therefore files this appeal to Building and Planning Directors decision under protest as 8 he was not entitled to provide a decision as to the Finance Director's decisions involving denial o 9 business license applications for HBMC sections 5,04 through 5 16 as clearly set forth in HBM 10 11 5,08 310 The applicant has the right to appeal any decision by the Finance Director within 15 days an 12 file the appeal with the City Clerk and have it heard by the City Council and/or designee. Failing t 13 provide Applicant the right to appeal the City Finance Director's decision and then arbitrarily reduce the 14 appeal time to 10 days instead of 15 days is illegal and constitutes a violation of Applicants due process 15 rights under California State Constitution Article 1, Section 3(b)4. and in violation of 42 USC 1983. 16 More importantly, the City's decision fails to set forth the necessary permits that the Applicant 17 18 would need to get approval for when the use under HBZSO 204 11, is clearly designated with a"P"fo 19 the applicable zone for use involving general retail, which is what Applicant is seeking to use the 20 property for. In other words the City has no basis for its denial 21 III, CONCLUSION 22 Based on the foregoing Applicant requests that the City of Huntington Beach issue a business 23 license and permit for the operation of a medical marijuana dispensary.More importantly,the City in its 24 denial letter has failed to specify what permits Applicant would have needed and therefore demands 25 26 statement of what permits it is referring to in order to properly prepare for the appeal of the City' 27 decision so Applicant can properly prepare for the prosecution of the appeal.Applicant files this appeal 28 under protest in that the City failed to properly consider the business license application,has in bad faith changed the appellate procedures for appealing a decision by the Finance Director which ApplicantAsk A i HB -741- ATTACHMENTItem 11. - 138 DEMAND FOR APPEAL OF Bu,)E- ab LICENSE APPLICATION DECISION I 1 entitled to and because it is shortening the appellate time from 10 to 15 days without legally authority t 2 3 do so and discriminatorily rerouting the appeal to the Planning and Building Director without authority 4 to do so and without establishing that the City Council has designated the Planning and Building directo 5 as its designee for the appeal. In addition, by not allowing the Applicant to submit the appeal by U 6 Mail as all others are allowed to do 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT NO. Item 11. - 139 xB -742-- !! DEMAND FOR APPEAL OF tsuNLNE, ,b LICENSE APPLICATION DECISION 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 July 24, 2015 NOTICE OF FILING STATUS APPLICATION PLANNING APPLICATION NO. 2015-146—APPEAL OF DIRECTOR'S DECISION (19142 BEACH BLvD., SUITE Y) APPLICANT CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Demond, 238 S Atlantic Blvd, Alhambra, CA 91801 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that the Planning and Building Department has received your Appeal of Director's Decision, received and dated July 17, 2015 NOTICE IS HEREBY GIVEN that on Tuesday, August 25, 2015, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the Planning Commission will hold a public hearing on the request described above Please note the applicant is allowed to present to the Planning Commission up to the pre-set amount of time of four minutes Additional time may be granted to the applicant at the discretion of the Planning Commission Chair If you would like to request more time or if you would like to make a detailed presentation with PowerPoint, please contact staff 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 11ames(o-)-surfcity-hb org Sincerely, Jane James Planning Manager ATTACHMENT NO. _5 copy Demond, 238 S Atlantic Blvd , AlhambrHB -743-01, Property Owner Item 11. - 140 ATTAC H M E N T #5 City of Huntington Beach e 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. 2015-146— APPEAL OF DIRECTOR'S DECISION (19142 BEACH BLVD., SUITE Y) APPLICANT CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O and to the Attention of Cnstian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 REQUEST To Obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or Dames .surfcity-hb orq Sincerely, J e J�ms Planning Manager copy Property Owner, DDD Pham LLC, 1738 44th Ave , San Francisco, CA 94122 Item 11. - 141 HB -744- Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujn, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015146 19142 Beach Suite Y NOF CC 101915 2 xB -745- Item 11. - 142 IL-AlTACHMENT #6 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER MINUTE ORDER DATE 05/2912015 TIME: 01:30:00 PM DEPT C11 JUDICIAL OFFICER PRESIDING:Andrew P Banks CLERK Myra Nakata REPORTERIERM: (ACRPT) Jay Bullard CSR#3455 BAILIFF/COURT ATTENDANT- Kathy Arbarez CASE NO. 30 2014-00745511-CU-MIC-CJC CASE INIT.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 04/3012015 EVENT ID/DOCUMENT ID: 72169239 EVENT TYPE. Motion -Other MOVING PARTY- HBCG Cooperative inc., Daniel Garfield Richmond CAUSAL DOCUMENT/DATE FILED- Petition for a Writ of Review, Mandate, or Prohibition (Other than a writ to the appellate division), 04/3012015 APPEARANCES Cristian 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 Daniel 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, ministerial duty on the part of respondent City of Huntington Beach's (City) Finance Director to accept and consider petitioners' apphcations for business license Section 5.08.180 requires any person seeking a business license to submit an application to the Finance Director and, in conjunction with section 2.15.030, imposes a corresponding duty on the Finance 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 all other respects. A review of the Citys relevant code provisions shows it is not required to automatically issue a business license upon receipt of an application and payment of relevant fees. Together, municipal code sections 5.04.060, 5.08.180, and DATE 05/29/2015 MINUTE ORDER Pagel DEPT. C11 Calendar No Item 11. - 143 HB -746- CASE -TTI EE- City of Huntington Beach vs Richmond CASE NO. 5 08.360, and zoning code section 240 02 provide the Finance Director and t-e Planning and Building Department with the discretion to grant or deny a business license, and expressty prohibit therm from issuing a license in certain situations Therefore, unlike a true receipt, a Business license is neither automatic nor guaranieed under the City`s statutory licensing scheme (See in re.D-3 (2014) 58 Cal 4th 941, 945-946, People v. Raters 11991) 52 Cal.3d 894, 899 ) A wnt of mandate will not Ile m compel the exercise of discretion in a particular manner or to compel an act the law prohit (H-N and Frances C Berger Foundation v. Peraz (2013) 218 Cal.App 4th 37. 46; Orange County:.=.r^,ptayees Assn. v Counny of orange (1991) 234 Ca!fipp 3d 933, 845 ) Cross-complainant HBCG`s (cros`--complainant) motion for preliminary injunc5on. is granted in part and denied in part For the same reasons discussed above, the motion is granted to the extent it requests an order enjoining the City from refusing to accept business license applications and relevant fees. The motion is denied as to all other matters As to the challenge to the validity of the urgency ordinance the Court finds that,such a challenge must be made by way of a separate cause of action and grants Petitioners 20 days leave to amend if so desired It has been raised in response to CiVs sur-reply The Ciry and its officers, employees, servants, and agents are hereby enjoined from refusing to accept business license applications and relevant fees through the pendency of this action or farther order of the court The Miscellaneous Hearing is scheduled for 0610212015 at 09:00 AM in Department al Court orders counsel for defendant to give notice DATE 05129120,15 MINUTE ORDF-R Page 2 DEPT. C11 Calendar No HB -747- Item 11. - 144 ATTAC H M E N T #7 240.02 Zoning Approval Page 1 of 1 Huntington Beach Charter and Codes f Elp Previous Text Main Search Print No Frames ZONING CODE Title 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS 240.02 Zoning Approval To ensure that each new or expanded use of a site and each new, expanded,reconstructed or structurally altered structure complies with Titles 20 through 23,zoning approval shall be required prior to issuance of a building, grading,coastal development or demolition permit, certificate of occupancy,business license,or utility service connection If any grading or scraping is proposed as part of a project,a survey of existing topography on the site and adjacent land within five feet of the site boundaries and any proposed changes in topography shall be submitted to the director for review and approval prior to issuance of a building permit, grading permit, or demolition permit The contours of the land shall be shown at intervals of not more than five feet. Grading or stockpiling which involves 25,000 cubic yards or more of import or export shall be referred to the Planning Commission for review and approval prior to issuance of the grading or stockpile permit (3334-6/97) View the mobile version Item 11. - 145 xB -748- http://www geode us/codes/huntingtonbeach/view.php?topic=zoning_code-24-240-240 0 . 10/23/2015 ATTACHMENT #8 5 08.360 Zoning and Other Regulations Page 1 of 1 Huntington Beach Charter and Codes �p1 Previous �I f�ext Gain Search F�rint 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 HB _749- Item 11. - 146 h4://www.gcode us/codes/huntmgtonbeach/view phpAopic=municipal_code-5-5_08-5_... 10/23/2015 ATTACHMENT #9 ORDINANCE NO 3 7 0 3 AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204(USE CLASSIFICATIONS)AND CHAPTER 212(INDUSTRIAL. DISTRICTS)OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO INCLUDE MEDICAL MARIJUANA DISPENSARIES The City Council of the City of Huntington Beach does hereby ordain and find as follows: FINDINGS: The issuance of permits for medical marijuana dispensaries presents a current and immediate threat to the public health,safety,or welfare,and the approval of permits for such facilities would result in that threat to public health, safety,or welfare, and potential violation of Federal law This finding is based upon evidence received by the City Council that medical marijuana dispensaries have negative,secondary effects m California cities where they exist and upon the determination by the Federal Appellate Court that such dispensaries are not legal under the criminal statutes of the United States. SECTION 1. That Section 204.10 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: y R Medical Marijuana DispenM or DiMensary Any facility or location where medical manjuana is made available to and/or distributed by or to three or more of the following:a primary caregiver, a qualified patient, or a person with an identification card,in strict accordance with California Health and Safety Code Section 11362.5 et seq. A"medical marijuana dispensay'shall not include the following uses,as long as the location of such uses are otherwise regulated by this Code or applicable law: l. A clinic licensed pursuant to Chapter I of Division 2 of the Health and Safety Code; 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; 3. A residential care facility for persons with chronic life threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; 5. A residential hospice, or 6 A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code,as long as any such use complies strictly with applicable law including, but not limited to,Heath and Safety Code Section 11362 5 et seq. SECTION 2. Section 212 04 of the Huntington Beach Zoning and Subdivision Ordinance titled IG and IL Districts: Land Use Controls is hereby amended to include in the Use ordi05 zoning chp 204 and 212 manjuanan/005 1 Item 11. - 147 HB -750- Classification-Commercial Uses,Medical Marijuana Dispensary,to be zoned P(L-13). Subsection L-13 shall read as follows:. L-13 Allowed subject to the following requirements: A. A proposed medical marijuana dispensary shall be at least five hundred feet(500') from any residential use,school,park and recreational facility,or any building used for religious assembly(collectively referred to as a"sensitive use")and at least seven hundred fifty feet(750)from another medical 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') ofthe 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 thirty days of receipt of a completed application,the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: Chapter 203,Definitions;Chapter 212, Industrial Districts;Chapter 230,Site Standards;Chapter 23I,Off-Street Parking& Loading Provisions, Chapter 232,Landscape Improvements;and Chapter 236, Nonconforming Uses and Structures. ord/D5 zoMag chp 204 and 212=njuan0/14M5 2 HB -751- Item 11. - 148 C. The Director shall grant or deny the application for a medical marijuana dispensary zoning permit for a medical marijuana dispensary. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. D. A medical marijuana dispensary may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. E. A medical marijuana dispensary zoning permit shall become null and void one year after its date of approval unless: 1 Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first,or 2. The use is established. F The validity of a medical marihuana 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 71 Rt- day of March ,2005. r ATTEST APPROVED AS TO FORM: City Clerk ! City Attorney ' REVIEWED AND APPROVED- APPROVED: !i DA City A ministrator Director of Plammng ord/05 zoning chp 204 and 212 marijuam(M14/05 3 Item 11. - 149 HB -752- 1 Emergency Ord.No.3703 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1,JOAN L.FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regubr meeting thereof held on the 21st day of March,2005 and was passed and adopted by at least five affirmative votes of said City Council. APES: Hansen,Coerper Sullivan,Hardy,Green,Bohr,Cook NOES: None ABSENT: None ABSTAIN: None 1,JOAK L FLYNN,CrrY CLERK of the City of Huntington Beach and ex-officro Clerk of the City Council,do hereby certify that a synopsis of this orrhnance has been published in the Huntington Beach Fountam Valley Independent on 1-i rdr-. -31 ,2005 In accondancc wO the City Charter of said City CU Clerk and ex-officio Olerk Joan L.Fl)nn,City Clerk of the City Council of the City o�—amitty Qty Clerk of Huntington Beach,California HB -753- Item 11. - 150 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 L-13 are hereby deleted in their entirety. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of November ,2007 a if%A A�— yOr ATTEST: INITIATED AND APPROVED AS TO City Clerk VZ REVIEWED AND APPROVED: r A eyLi� REVIE AND PROVED: City Ahministrator — - Directorvof Planning 07-1118/11"2 Item 11. - 151 HB -754- Ord. No. 3788 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on November 5,2007,and was again read to said City Council at a regular meeting thereof held on November 19,2007,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Coerper, Green, Hansen NOES: Cook,Hardy ABSENT: None ABSTAIN: None L Joan L Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 29,2007 m , In accordance with the City Charter of said City f JoW L.Flynn City Clerk Cif/Clerk and ex-officio flerk hbw D Deputy City Clerk of the City Council of the City of Huntington Beach, California 1113 -755- Item 11. - 152 ATTACHMENT # 11 04 18 Prohibited Uses Milli EN �w r € a�atEi 0�1< 'Ji* _ tA`ETtN5 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 Item 11. - 153 HB -756- ttn//www nende ne/codee/hnntmutonheach/view nhn9tomc=70n1nu code-20-204-204 1 R&framee nnfR/1 R/2015 6 01 35 PMl ATTACHMENT # 12 04 02 Applicability � 15 WE a AIR W bapte—r 204 ALSE CLA S1ELQSD � 0 d 204.02 Aplicability 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. xB -757- Item 11. - 154 ttn//www nende ue/endes/hnntmatnnheach/view nhn9tnrne=7nnmu code-20-204-204 02&framer=nnfR/1 R/2015 6 02 21 PMl ATTACFl M E IVT # 13 I� Al to$hsetsdi NllWcO ens au ;i.J1!x �:`"�"� +f � � _! �� ..�.—f� •• 1 .r� : t RYC�I atlf ll0£ rind cvz I .;. . JI $ .till GnadF13�YCa"4 - 4.7{rfYY�s!YX �l �)Commmeiy ndeaaaaNAnd ore �� 1111117!'I I' I� - i1�' a�Shn Fr�ti' I171ii�� r anon rt En-ttainmmlAaahon ILW JLi 1 i ,F r StK mn -.nxvmwm NIA L h t T�n►nf ._gym 741A ®}wag>F minl es�6i�nen l a Un Ar icrahetion -eualma® sa a C—L' 9 7LT7Frr l i {t "-( M1, 3 of sl 3Go D Ltarner as ,a !ds Foods (LA a 11] II �i�SIB T➢�Ci� �� - -�- ' 1y �-{7 ....1 r F:nk+'t9d saeatien ',.. }t•�.L,,, ��1,L 14 F y. r}coumkmw Uses L w °''lcar� pMalY cd F E4MRe iIIf11 c 3' 1�] II G 4iID RoW.n Se-Im Nc a i 8ite lava .-. R 1rs Ear h)Pawls nniagt 7L r I L �` '\_,U. -j (. i6 lhreuwd&rrttas ire fed � I r Fenatpaaw [Rai �` lUd ridlnent 5e ass ,e a .. - -:: is ,. �.... n enoaaot Far' avEcn 1 k Ed Ttavtr®'resreced mimed �L _ k}SerWi4r Camanerrdd A,Repair I Fd a Ttearmeati Ruch iced — .aJFroncvartsewaac I�,DL.�1i1 F `- - � I Jill01,fiNa.Scnle CeMMUROMsl Gelds vo Yh_ afCI6RC11) Nc aaam-alt other wblk streets SO6(M3C17)_. oe � fl n7veharxsal C rte Crrit&Caatlasral [e�mArMaal CCIS 'l' Side�orb Setbv* - 6E ®fire ; _ _ C'aiYard Setback aid IOR b mtascal8eewen .4s R v`f xt ` '�Ai ..nabs Oft fl i` Llrs Woek -# A.GAOW 54ftdt oars � .. a st8_1 °yz.. 7y rl 1 \s 1 . y l E�,..7 � tcaldenet.l Frontage s n r-,w-. a MoiH-Fans w!Cunnna F: werdiaSuW(CI4 ACiS} .4.7 Fronta C. e ,, 1 ` p ao a �•- 1_ #''" Cj": �.i i - 6 mad F,exa w FrNiridaaal€atria., raaetit met fL1,a Cut � a mi-8a• -ada �meat �l .+ 3. + t'ODD �• t Attached]3 F c ta1:wal(G14#.CHS) aeon-IM n1k[ mmts d DchmhM F .4.9 ce itesrrem,6�3ka - 22 f Rr[ad uralpan- aRel 2D R Devdopmeet Standards Charts Legend: .}lVh•s 'r ae1 CMa)lieRn7 4.9 eyed-t com" warm 9i. we wv.r..c e. (LI&C41 taea or net- eiaea urea .-,a $ 1m1: t[mil aJwareawh.W++` ww-mm..•r 6a1 _b'�oxuer$fkR 4^I drrs 1'Mw Nw.v+.wt an..a9.yaiNe.wlw se�r+kc tS'n r.r 4rwea.nrr .oa4rtwxe�aw u.im a..d -- - NeN leer a...w�r..w.ar a.wrem.wp.a w.� awe Nrtmm..'. - - Y}DrirRathewr� - `Iw.nno+lf C>.wa.Nr9N wY rn=m acraw.d &Im4 Affardablie Hanhg N cement 3.7 ffi[o KELILng Streets Iira: nixed oreot a _.. oaM.rt a;rr y,w..,mwa iart r!i �fa.ae w.e9wd a.a.am o:�.a rpa wwa. e«,..s s+�rrp��.,maa...cw..a�. �' A) col£ ;ivd 1} kt 'c�iw.:.�rrre.rpoiRr:..a;a�e..xaa;.,r- +,%va raa .ax...a.....sq ww>,...w.ye...r ttm u�, .;..«.,..w..ya _ R 6oadaaad i�PreeY rcd e. (Lk) C �s`d n .rt. «..ersrcr.:sso-�a.a:w..,.n.yu.ae>9e.«,. '.acre a.+x__.sp-wu,w. -'-aarn,,...r�,�ir Wur}shshPfFifcW'StreMt- seetlan3.5.2 cr...rr,.r a.�.e.�...9 a.n.�r.raw.aa a»,�a,.. .r..ew,t,.ee .r,...,�cw.» .. .l e u' Rr+ r«.. rme a» .9e.ma haa.r a.. mat Asa now.9aR,a.� due. Itiq ss .anrm.....r rr9 __ _ alocksizr, 1dm.a'.rQas>moa t.n..s.:a„awa4Ra ke,kae,.a a+so a..,s aw.arvie,ai�.R.tsd.R...am..a - a®he-kt ate na`urrx..xaR..w�..a ur.s moan Bleat S6u _ -36gt)It.. Z ro wena.9k c ae,.> no w.s.,. _.. ,n'n per an,�d"a�w:e ate ran hei s 4sloxies mOdin XItwk Fwo eta a iax ra.,a^»rawa-r Kso .Aww ww�xrd r*m r.nrvs rr e�h r+ 32 Ikmkl ;AS[aeet tnamedir# 3s min p Rti - • .w++-. td A�awm w. ernes lte Street Fenn f10at�nt 'las r 4tnry aaex nkea or oar xeAW ao+>asR rH,.peti,d.-r r.n..,�-s.a.m.s.o.luee ec s.a.a.am,.r.ear p.nWwm,use..s•a� zxnaa'xr rgnaw.4�w+..n .5.5. Iretl FaSt-VVRSt Stta!CtCavfnetYiCh .. m>9sarn lead or net aMa raa r,vRa.R..aYbrr�a....a.s aaasp �*+r•+*rwa..a pen rarw,. ■ _. ,3 build ken -5.6 Resldcragal Tramkiea>rbauada Surat ------ ec rwk»..en«w air>+r aa.s rasr,.ws awe Hat mF ., IC'ndltles `� rc w,.9-." r.ccs a.rc Y,.ge....}.rhb��t�••�: .. aeuae •C."d•--•,�,• ba.m .ax�.v,a:...an�nw es rr4..+s•ar.. �I.«>�ue.zs.a urueRw ¢" 3d EBaaildin hikmks nr aed da l�..l Mal[kmw¢bw"--d ara wBwk.I.d$.t prepusw*pa - - - -mar;hpr® 120 fp Ck1J 5.7 StreCt! ES LOM Woe �+ dit rr�4w...� r>w,cw we„w.r srs.rrw:n.>s9 Haan vW xnc.a.nrew.r rr e,�N _. lied Cerapra t.CJ Skaeel _ - V' ' acsT e..n..r e.rr,r�...a,:.9.s.e ewar s:.e. era aa� _.rwrwn._._ lied Mid-SIac48aBd1m -dune ep R(Ga. rya e.9 ear Rne.rmnwx+w�R>,a[w > eaw a.zk - arum m,•�r �•^^• stw Mrs - Yvluraae rtloris )YuLllr S aea SarYat - ed Kn . dsa r�r ,>m..Nu.p-r»�..:w iiial bnsavea ShvO r.a...x..n sx - 5rnall mst_:us Pohac nS mw#N Sr. :. trp,o?o4rrr sa.a � aa.,w are asp snr«`�nrra.�+nw.+.mr -.4a Ic.#KMiI.,. i6'f}9h 93NamwaaMµ,�Ane.:wdlw •••."„�„ �.Cr ain6w:%ri lL7i M.r NER. �Sipe ar.lawbN n.eamrerr weari��e 22 - a £ Y kF .6.1 PrrnSsfaaf of Psebbc n _7.1 Prvrfldlan dffarkle V Facade HeNht ArdaulalM RIMIAIMOM 1RI%WF faaf:199MPf{CfilVill Reba Aef3ars regdad lV ls] - Chk&Cd.Meal we rpseer Fft Woo t t P arms l ne mse - i l IN eI.l 1M9 cf.Col l.eriiwf vWit SINK feel Led n- .30 af.I—C91 Xmft&Qeieldu RetobW—Y..... >.Ire Work 50a-E!-k 20AM per to"l.f I3 xd.r.f mry Rrrldral6d 50 s f e O.W kcffdm .V W sun het 9. Pfeestals� ..Setbacks (+..aamMm Ra.11 .62 WPubk -- !a _ar-TnPdtrf[.sAr- •a,27otatl ,Afea - Swe aecdMe.2.r.2 roe mom 10I6 Lf. -4 laR F rlo dice 93 p._._ _rAEVggtf _ 3 Prosd t V patr _ IeeaHw +wkhFe500feri ranAC - $i 1 R.etdl Ma - inrrrRh. l&Rowatim maAhMM he 1 ah. Llelc&Culhara6 .+a ■ r to"r.0 _ R sun!10— Otlte --- Wk lerfdlae P.ats rnnahnaen somber orfa aia Cqd a rw _ Cwvndeace Ilea - mar+tinem area. ar LA"Work era apace 1UQ01.t 4 rda I WaNyrerl.Ird RtddefMlal Fanfim _ nn N.sofa 6x1 uaslarrnn Ni" I6u!I.IS1 ass An--*d&MuIS-P'an it a0 ai Amdl PSerfonot&Bonham Servka &Grnmd 11 Dt-_ - Far.lt Rwrres NP a arse 1000 r.1. M.a.15» mu1mum mpm be,of tatrP 2 AA 1ubk n fe - - IMtafku _ _ w111yP s(W,fre eudmom Y _ 6 fl 1 Pfkk 'Ibi -Pnsnd radclm rd Sovkes maafmtmr anew }3 e.F.ISI I Lklmt aMn Id00:.IG _ 5 mmr[f e 1 irc.nda o1g, ""- oar! _ owd .ra11M Nllhill w rta h Plata Comm"fid G4940&Vo oku Saki rate bb=f d SICH&T"W SW pat.I11 b11A-fAKk Crsar iftd a u 10"rJ. 1 nafar S nr. marlmaan number 4f faetr 3 �. Coo and Pb= 1=2baa wf lSoo fay a xhm r f6n q Pass asto meaed Paabtt ParbfPl d pe- 1000 sJ. a Min!W=3 banaa signStl ..... .ES Frtwte s mj .S lardfm - s'MHa.Sna fed maafa.An am ea a('.Sa Ceu aN _ O.rWd 1QMke-.hof PiwW - Psran i 3 Prir.h Yard T51. 1 ar:nper IOaM fat. 3.5 ads 14 MN hM.r sky '� 3 Porill and kcadan _ Mshia sMV rc ^' - alRaorta Zterkar iGardeP - PPme►A 0 on"-Nohow oaoldmnm arts ask ,I 1 R21em _ mlftd spacesper low rat _ 43 WO s:9 oas q Fam- rtd i p Z6.6 Storr al'er M.P.ynmmt 'Ieutien .rid:.son rw narJmaaa Para __ 20%d fmc .7 Iect Mare ml Npoox W eed.r naf rr d red a afar Imr -St rafwr -.-I min:no moats, ins of kfftriall i7 Staernwatlr 9ASP locadm as sac- letter t l r wbkbr h laa W r.k.er he' .a a rte Contral BMPs 1- r- 2 U Work Sf&e Mp P-Mth.1 ^, Ite owilm BMft r tndr t stlnA r ton Inwo(knorft 1 rV1 afinenf c"trol Bub PP;N." a per!1� It"K bin .d.S 92en EEM UrWsCa bcaiee- - _ xehn ZMPod m Pasrii..fto - -flee. re Wred or mM1 egad 13 Raidearrrl um Cfa an..lm.aae hr" whkbm k tale 2A]fatal.%j&:Bali. 65 Serbade Rural to f arm r studio&.A br haft 2 sin aasrmuwwidtb 2+3,ease WMI4 ffl t Pefireekrltock SellnaeltArrar Ibr aft 2 W. Ina orkttaria al Sidrwldk Catenahn -- a our r Sbrfmdf 23 a 9. bar!C. - * ed q hl poi— laederw iarll flat t.atn ar 10.uis S.dM f03 -re.iq rmakn.m r(wMe9eevar h Iaa t I!t Parer ---:la k t 1eelMvrrd Lod. -- 3aealfosa Knee m.des®reldth 2nm +Ama d Nd h.rb..d Farrel A.rP Fs nWnW li j Csaftr ___ 11—r lnterlar WMIK StIb"k Areas r er 1000 rag _ o men?a ssu a&Um nMf ■f:raundenvaScarf annhrlmn rare. 19%.rP b.LU rfrlaet 6 e Moderak ae FI- 3fmaln "ad 1 er ION i.G 4 ads__ En sl O -- alasdplagf area 3a S.f Ioe.NM. as Brett VIP"ngT dM81 1 $arfau lwt-Ertel _ Lo"Mted VIP)a9.ykAlAa offs 11F9f oT mMdaa-51 Fetus Lae-Fade Serfsft LH•R - Ssfon[wf-Pal - - "atd USal 81frlSfare-SYra :GraePal Level 1.7 Par�ukq Regulations Note:The m.�durum n€rfnher FQ fieroebre.wrr.. :ddt tu:rek - 'sled CD sa .1 Padiem of,parkfng,spaces permitted only applies to parking Stmelore-uod faM spaces that are pravidrd in surface parking loaf. I--1 Imo+ C11 CT 2.2 BUILDING USE ReGuLnnONS c)EntertamineiraAnchties Definiu m An Em hdtnew proved 114010,10 daeatnra I c I Dafinn,on Small buhhumsm salhog small scale phrriuscost • I Far ft purposes of Iln4 Plan.all poisoned ed ooarhbottdly pchrtnAfed lwsldmg+sear mg rasnmres or aebv3b u for eaereuo food and goads,or pronderg cemh� Smutt aeaU or food aster • haare beam alm&Acd mega Us■Types Each Use Type n dedited m tax!blow and relatatmn ee cru Winent that is at lanai maaca samaras,to serve nearby rasiden- Conveneerm stores • luc1ndes trees each as am&bated in the accoMpattyttsg Use Charts TIN Use Charts I S,Q W s"ve fats nz nzr and,s a proven ual nnght+orhoods such as those Ward Delicatessens,nafia,bakenes ■ uwhu%►Psc!&c pemmlttedk co idattonal and prohibited uses for each Use Type am��of segndkcant pedestrian thni ie 1=lormm • aid sales such as rhos limed Uses hosed as persalled in the r*vc10 fineat 5taadai&ChOU am"or regulated Hardware starts l lock&lay • hwane and are drGind am noes pennatsd by new s*ea to approval of a Salo Plea Wwrha _. Review Uses hated as caiJVisanralta Alta sachoa an dtfined as those which require V.deo rra,ah • specad aonaderalhoo ether of than unpaaSa on the neighborhood and lad usaa in the d Faun &Desrltirl Eslahoshu is E•lnma k drinking eaRsbh#am®ta a vtctnity,aaldkr of dmr physical argaazathon aid design A conditional use shirt be Definition Remmoom brine,dubs or Full Samoa a vd laze an".)2 mars Gonad'f■r approval afthaproposed use conhrras with all roquiromoata apoodiod other dnnkr•gf aosot artabtash- wl Outilvar diatol • it Aire orotiftwd use pahcy,rant Ifif anfrnms with the gnats aid ofthe Plan meets such ore eweeWed! w1 Lave enk taaiotau e h Bunt 5wrl All pmxrnatted uses fur a entitle Cis=or Sepwaid am allayed etcher alone or m w/Dnmam a Daration small to mdtun sized best- 8tselu combination with say aAer pestmntd uses within a pared Proposed uses tath are not wl Aloohd c messes pmndag servers eu laces b msa- Mail I slapping sevtoea • axphenly fisted m the Use Claris uaay be pennottedrfit isdetermtsedby&a pia unng VwWwcarts, .or steeds • menu and residents catch Nis thou lasted Otfiraa ppy • Ihretxes that the p Wowd uses tread the purpose amid mtmtt of the Plan Adill entertamtnaat Faedrnea Photo Mynig&printing • Leaend Specmal Conditions for Eating&Drinking Meabbaanie nts Spectd Cont$hams.for Elasineam Services FM-al era,na,aaa o Nat Permitted (I) naaaomal services shall ba pairnused m ttm caregoty prtmdmg that they G • Included Use Thaw saes we allowed by right w to Site Plan ltevuw (1) Vendor Carts,apsou,err studa widne the pubborsght-of wily shall require use offer services tear cater to aad genor� estnsm ped trathe Other a Ixsndltiomal use pennu finaapal servscea saes are to he eusstdend under"3)Offs e"in this 4 21.1 Use Types (2) Chiatx and tables fin wtdawr dtnmg shall be pwmtuzl on sidewalks saa.hoi s wither tint awbadri rune mid wsdmi the yabltcttgbt-uf-aaay Provided Oat C w 1 #� Definiuriu Small to iaediurn sized Barba shops/tun&marl salute ■ , {a)The nxtismirams a n mmum five fiat wide tmd,structed pnrtimn o l ; s y09 a] fieaesnl Retail Regiarcamis aidawallr consdai which u clear and inunpedod for Pedestrian rrtugic b)The iss keeps the full wi di of the building enhance cleat and hourawr■s p such as those listed to toast 'fannm stoma& • 11) 1Nemmaan mtma7r height for ggouud Ecrd rtaail of all types ea fourths, ( hsuschgfds.such m thrash lestad Yop&karWn studios • {14)beet Sam hoar to eaEmg building ac Use ceaverssons as i i c mma Fending +ntP•d•d for xaa Dry vleavvi2j estuWalintanta • or•3r not be rcclunad to serer this r■gmraanent - Self wince laundrornsts - (z) Any asses feasmmg outdoor sales or outdoor storage not clearly aucailary to use shah regmre a Conditions!Use Pcnmt s Jy Personal Mrichrraeaat senAces Ihnfiidma[.lemarsd rests esubhalunents M go • Drtiaian Provision of enndvamonal Davis-odcoon • = sekltng quahtylspeaaal ty goods wda as A--'-oaru a aarvaa�aiaw fivaldaca Yoga,dance,msmad ana,of Wier ■ tfOSQ lisp Art ierlaa • Rtooss studios a Ugggg Goods Anchors Isrga Scale floods goods the,due Opaii err markets • iraaa runs&+rafts • Ddattawt A"regsonal deulnstion" Department stores + to dreir sue,may regwreclose access Second hand I_Wqoa#am • Q ran-food nnsul goo"that is at trot (lemurs mavlouddtae stores . by care and wale such at sWisnces A pplisochek atectrumics stores ■ Q 5 R 30.WO square feet Pawns and n a pros- Book • electren,ca,sporting quads,furodure, 12! s atptpa r Definition Busaneases providing Plumbs sarvaces • an generator ofsagnafieant pedestrian, and toms furrnstungs Furniture&hoses furmuhutgs swtoea to industry,services that are Vacum cleaner uwi,g,and apple- • Imfic and sales such as those hated Ejuut amics a • stores • industrial in nature,or servicra tie!are asses r Quay barmee ad a but suited to am ausoanahted tanron- __.. OaaateRiaWns �.. - - — head soh ss tease Lied site A s Comrrtercal Recreation SrEnteric men l Seale martarc#a1 Cwods >a Definumn A"local destination eon- Sapeiiarkds • Definaboa SotihW u pmviduig small s movie thembeirs c Definition Bussnchism whose primary Wmvbkotasc uAml • veailet"store that is adIGO I Salem altg food mar als • resources or actaviltasfor�asaa, howl centers&billiard c activity hit the sale at repair ofhuga i road + square IhM usaam and is a proven Phgmmaaaes8t cenvecaence relaxwtun,or en)oymom such as thou i h&exerux clubs c "a 1 commacul goads chat are net Casstracum ■ d generator cfpadeatnsn traffic and sales a lasted paricnlsrly wdl euned to podexrasm Read,anaat ■ such as those tesver! -ores Arno. -.-arcades c dastncts and that requi a close access hS 0 r4 mrmin,ty oriented anchors c cars aid truck-snedm ore thou leerier Auto, atw o •.. over 65,000 s f t� 28 1 v t� aO kn rn 4) Lodging _ 2.2.2 5Wlal Retail Corlfl jllratfons l� DeAribm Bushier dw ad[any hQuir vehicle sales a Ddinmam Shan-term oomair+,al 1pdg Wd&breakfast.�ct hav es • krhd of maufrtzed vd*desuch to chose tag f=11tM ouch=thaw 1as6ed Ylostels • 1) Definition listed Rosele&mouls Spec3dRelrvlConBgin2nowkmadie use ofindiwdual smauts aridthe total x) Civic atld Galtl[ral of retail pta=WA for Neighborhood Center and Caaaer SDM retail"ClOOM"fa waft as the provision ofdrive4hrough seavteea befimtiwn Servwes(mduthogeduca- Refs . ass e ton and utalniee)calhsral tnttdutmns, Baseball,fooaball,$ocer,trews De$ineon Adwellin�g Unit in which the Lk units + 2) �ai8tiou rid raaemoraY Il mhum made avail- and odor folds and courts a occupant roadudsa home based httn- t) Where retW is pum ded as pant of s Nrg bodrood Ccww.Corso Stnro,or able to tam gwicral ptlttlw far free M ai a Chnmtu O ,....or enterprise dnv*4b ou&It shell cenEa=to the Mowing atsx and locatson requar meni E reesaneble coat atcb as Own lidded Edthcaihorwl fasrlaaaas c 1) Special Cundmo"fox Lavo-work Indoor publicreaew=haahim c (1) work simmes that regwa Lazaarduus aancro ,tuclmdin Fabncadon, 8) NO(Oba&wwd C.ensff La owm ® mmufact"nn&rcp ,or pnocessmS operations well a4 we]&%mod Dm4mbw A raid ohsstor(two or row sibasating mild c.tabl sh anW cmassdag Exhibition.ooaveutwr,air wafnr- woedwmkwg,wvenues incladtng the handling ofann"s shall retptuc a of(pesMM4 conysiu rme uses,smiall-w,*shopping,and personal sarncos that nice ovidefs ° Ceat6hoaal Use Pamut provide goods said services arneuttsts to neetby itudenbid anghburhoatk I Cty lalJa a (2) The ma+taatan number of employees not a dWiMg the oatmrloocoptaa is a) Special Coadspem for Ntsyhboshood Srvmg Retail Howtails c b mied to two per mart Courthouses c (1) Lmuted to a maarnurn of two wmontunry amen Od anchors Maumns a (3) Otme,esublsshed,Live-Wait may notba canvrted to a solely commateial maYimnm of23,flUU perforiaiseP airs fandnies e or business ose However.Lava-watkunitsmayreve"to solelyresadenual (2) Lttamnl to a agaere feet offlan-anchor retail Stadtusuk imt atchrding stadttants use (3) Lumled to a maifunarrn size of S,aW sgaeru"pis Eattug and Drtnkwg w for profenional aports reams e a tsbamt" Swarm a e 6) Seaiadeiitiai (4) Coudttranad Use Pesmu Develcipmem iwhdmg non-aachored tunic uses Post offices o Oduatioh All owou-Clad ram-ocu pled.dweRmS trtrts,mcltich4},t atiscilted and inw°"ding a#oW of2',000 u°7rc fect Trannt Finahues,terminals,& detached hnows m flrr-unrt Ynnldirrigs,manufactured and mcilwk homes Mai— c b) CarnarMorre i Polru ssataena dt fuestattoas c a29 MultFfam w En UaSatttao A canall store or clustr of stoics untt>$raltd info s largo buildnng on �r+ Definumn Bmlduw dangned es a tho corsair of s city bkKk Comer Stairs omrsiss of(PesunttDed}ctnvcmcacc uses +- Office rcatda a fbt MrAple baosdwlda wlicre Dv alhug win.primary,two or c small-scale sboppm&and pmosi l services that serve hinnies rs businesses located same dwxlhng unaa are accessed from a Moro households per structure*1 Professional Services a n C1 common lobby entry of altered hallway essS"walrrthg Definihnu Workplace Uses uietudirig Research&devi:kVrA nt offices • -` - s) Special Coadiocips fee C7tuWaur Store Moil m lV profs—oral adrii—eta research fidi,catIOFW Bc inahmuoaaal ofRees • Mula4urilly with IndivlduaJ En (1) Amaanstmat are of2,500 sgnm fee[per use ry and dewelepmsau,Foannat,and educe- Prmt k eleiarnnw media offices 2 A sftz of S,©D0. oars feet total Cledtir taarial admim far a,.m.,�...s,Mdj%idu- (newspaper,mag•s•••!,..radw ■ Deftnrtlon Hulhhrrgs demgned as a () a9 lam' ails,and nowiiedt orgaausmuaas such as residence for multiple hauao4mldswhesa Dwelh%zits,prunsay.two air 3 1.lomdsbanal Use PnaLt lodsvTdsal uses thosehawmd Televtsa c (} Targer Z.+(kS ignitor#rax aU dweiluig units hoax a dedtcded more howoholds aunsctore Data ortrtlawaiamumcasiona of a eamx mo accused dircedy not apumic provided that the ua is aatgtw and not already provided wiihm one(1) fi.c¢e. sidewalk Wale t[ade we& Any professional,a OWLve e otl� (4) C..w Suva Retail mrcat be leralcd on the oornr of a block.and die 0 or admmtstrauve office use rthanee en w Fats a public sheet,sgwue,or plaza space Attached Si -a ml Horrin ■ a) Parkm3spicm uttatded for Carat Stare Lfm tttWat be located an" 011ti DivAnMS gOMOtiwa Atta CcMAnd hurries on aep�am Dwelling units,aoccaam]r sweet Parking n diuomxged far coma store and shill ruiure a conditional use i 1 parcefa shsaurig common walls vnth each Dwelling.scuts,primary.one Definnwn Medxat workpiree uses and Medical k dead offmos or facab hmme feaduruas an totrraaes eooeesw bmishcld per strorture c establishments with employees WA ties + directly fain a public odawalk C D � medical dcerim such as those listed 74.--veta chores c ) 8 A Astipimdwtc,physical therapy, s Diffimttitar Service from a latsldrng to POMMs in vehtcles through an caMOM m chum otor Detached 51 le-Farah arvrce window " Psychiatr,c. • Defitunan Adaacbed lialdistg ale- Dwelling waits.aceessOry • signed as a readence for ease hausahold Dwelling urns,primary,one e MartvaM3 uevms • houahotds M Otioute 29 213 AffordWe Housing Requirement d) M1,w 1wmro=Prot"w This section eontamt na lord acid guide u=to immon that allied a housing n i) The conibEtow of tgppsova!for any project that regaues affordable mums shaft I provided dhrarghow ttw Sperabc flan area,consistent with the City s Genres!Flan specely dhd fiQnwsng uetta Housing FJueeami (1) 1U P%t ofaffirdab1v umAs. ]y Rephtiole (2) The number of units at each tacomme Level as defined by die Cahfhnma N«1dh and 3sfety Cade,and 8} freReAWI (3) A!list of any dther—oi&red by the City Tkis sechat shall apply to aw reatdeadmal pro"i!lave(3)terneire units at air n) An Affotdahla Housing Agmeaumt oudming Al.egiecis of the affirdabla b] G"Q"M9ff Qr ddaaae n'mi- r!WL- housing �t�ekl)Fe excauCounty d borders the cep xwlow t and the fay and �t� ( epFlDp ) Q�e Caasray lRac�der s Office poor to trsunhua:of the h) Ammuaum of 10 peaces of all new raiuilmuuil cumstiuction shall be affordable fir#bilking partan For rental projecti.Poe City Develapmeaht AVeatim[ housmg netts,rates the protect is within the redevetopmear project area,in shall be used which caste die alurvalemt of t5 percent of new resider"cohtstrhicnon shall ha)The Agreanxat mhall spcctfy an Wbr"tity tom as sper»0ed by Sumon be efrw4mblo ko uarag users 230 26 of the Huntington Beach Zooms and Subth ruiau tk it) A City ftevelopment Agraamant shall be ranted for projects dial Lucinda, iv) All affordable on-mute waits in a project dull be tonshncted eouaaracu* ,natal entry with or prior to the construction of the primm ry pmje t units unless admi.rtse out Far sale units mchided in the pro» abap be made available to moderate moved through a phasing plan.kind approval(ownpaiwy)of the first trrr ume Ihotueholds as Mond by Cah®rara Health and Safety Code Section market r+m resideoual netts shall be omrangesit upon the cianpleftan and 10093,or a successor statute public availability,tar oviderree of the sWicent"s reasonable prVms towands munt afford bbe iv) Developers ofresidaiindprojectsrney decrtopaiy afea to ba0 a(protndtng the All a affordable of cwoplarm>, be easm bly min mum ou-sat to fulfill due requhrerne it of thus reaches s allowed and phusuuu o] ill affordobla unity she![be raasonnhly dispersed tivaughiwt ilea pmjed the regwrerneri$i of Sec rum Z30]5 of the Huntington Beach 7anwg and umf®s otberMw�g�d through it mam plan,shall contain on average the to t fy to herttan setae owinhar of bedrooms as the market rate u nts in the ptrjeet mud.shall be a+ comparable with due market raft units to tnttn of motenor appearance,materials w v) Nvalopars of raaudantial propose may eteet so provide the effardabla traits at and Laislied quality an offsets tocamoa. If a8bulable unus are ofknoq they must be tisdsa Hoc fall New ihffordab[e units shell ha occur mu the foIlowmg roamer coulml of the applocaat,or*&er approval party mad mast be loathe yd Widen die ] Beach Edmge+Coundors Spec plane area body (1) If mudenrtal rtaW imus are being demolished and the extstmg lenaat(s) vi) Ncw reselennal projects shall include;onsmichm of an entirely new project mots the aligitainy requirauwits,helshe slm[l be swcu its inghi or nni to saw units added to an munig project For purposes of dlererrrsauns clue refnaal to occupy die affordable units(s),or .equrred numbet of affordable boom$units,only new units slidI be oouuted (2) if there are an qua4t6ed tests,at if Ike quatdied tenaat(e)cbooses not to - r4 �) CaarslrtotcxlerY excrena the tight of first refus al or if as dmoolrm el im of residential refu suits occurs,than quehfsed households or buyers will be setectad. i) C'aw"as may he required by Cahfoeatto flovernmeer Code Section 65 WO or a Successor statata davckgx"may provf(k me rcqunvd affordabta housms off- C) Price rrfAjprdabk Vrdit iw Seca,at one or several spas,widen the City Of Huetmgton Beads m the Beach Affardable humung cost shall be calculated an acmdanae with the Cudo Sechos O Fdwgvr Corridors Speadc Phan area. 50032 5 shadards for ownership imus and Code section 50053 standards for rental CCC}} n} Oft-site projech may be imw conjunction or subst areal sebabdicanoa,as units w- dd'inedby the Code Sachort3i413aftiardablebousuigproducuanreg u=w ts, ps of waiting nan-rostrtcted units conditioned upon beaus resirrAnd to long-torus 1) Jte&md 'CET Jbr,,WardWe Housing affixtia boares may 'At to w*t rdeit wte in the riovsuig Element or staibrlo Pro that eaaceed mcl utaaary nquim>asuh owstte will be eligible for rvdaced timtases may be i to aattsly tkts tegatfalttisrL � i raj Afl affordable off-4m housing shall be constructed or mh&btbwW prior to Crty fees pursuant to an AfbrdaWe Hotmng Fee Reduction Ordseaace up ii at coricurreailly with the primary preps Fuual agiproval(—Qp-cy)of the adopuon by the City Council 6edl muket tame rendenhal units shalt be contingent upon the co nptdwn grid public availabahty,or avalautx of the appltiSast's remonabte pragreas Sowards 9) DM4F BMMS jfi' " Q attawwatt of corrivkhrm,ter ire affordable an Projects that ment thw;iMxdabihty provisions of Section 230 14 of the Hunttagtoe BvwO Zcmu*and Subdivision Chdurance for daumry beans small be granted an mcrauve(s)or ahaas:esmon(s)pursuant to Sectim 230 14CN M i f—t v I� e4TTA CH MENT # 14 City ®f Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 * www.huntingtonbeachca.gov �Ji 19U9,' DACE'. of the City Clerk t ` 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 19142 Beach Blvd., Suite Y, Because Dispensaries Are A Prohibited Land Use APPLICANT' CHC ORGANIZATION, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 REQUEST To obtain zoning approval and a business license to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield 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 Si rely, e Jo Flynn City Clerk copy Property Owner, DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 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 Vighotta, Chief Assistant City Attomey John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Sester Cities Anjo,Japan ® Waitakere,New Zealand 127660 (2) docx HB -763- Item 11. - 160 COMMUNICATIONS Item 11 . - 161 iix -764- 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 City Council-Agenda & Public Request type:Question Hearing Comments Status:Closed Priority:Normal Assigned to:Agenda Alerts Entered Via:Web Description I am writing a formal complaint about the city council's treatment of the Surf City Collective and the community it serves Medical Cannabis is a safe and legal alternative to harmful and unpleasant drugs, used by many to treat numerous health problems The people of CA have spoken for years in support of this Despite this, the city council seems to have harrassed SSC and others like it out of a dislike of their mission I know from experience that actually going to a place like SSC, vs getting delivery, provides an opportunity to see and learn about specific strains that will help different conditions, similar to how you can ask the pharmacist at cvs about certain drugs You, the council, have effectively destroyed that capability by shutting them down Now patients must resort to having delivery, which is alarmingly similar in feeling to having a drug dealer stop by to deliver the goods There are cancer patients, hiv patients, depression patients, and countless others that you are leaving stranded, as though they're some unwanted population of'Surf City ' I really like this town, and I'm proud to live here, but you should really readdress the way you see places like SCC, because they are simply providing a service that YOUR community wants. Reason Closed Your comments have been received by the City Councilmembers If you should want to speak to a 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 4 08 PM By: Johanna Dombo Enter Field Notes Below / Notes: HB -765- Item 11. - 162 http://user govoutreach.com/surfcity/prmtrequest php?curid=2423830&type=0 10/27/2015 Esparza, Patty From: Dombo, Johanna Sent: Tuesday, October 27, 2015 4 56 PM To: Agenda Alerts Subject: FW Surf City Pipeline You have been assigned a new Request# 24176 Can you confirm that you received this message via the Pipeline as well as here? From:Surf City Pipeline [ma i Ito.noreply@user.govoutreach com] Sent:Tuesday, October 27, 2015 4 30 PM To: Dombo,Johanna Subject:Surf City Pipeline You have been assigned a new Request#. 24176 Request#24176 from the Government Outreach System has been assigned to you. Request type: Comment Request area: Inquiry to a City Council Member Citizen name: Dea Franklin 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. Expected Close Date: November 6, 2015 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Item 11. - 163 HB -766- Pnnt Request Page 1 of 2 Request: 24176 Entered on: 10/27/2016 3:32 PM Customer Information Name:Mark Rosenberg Phone:2036878877 Address:17111 Goldenwest St Alt. Phone, Huntington Beach, CA Email:Markrosenbergmusic@gmail com 92647 Request Classification Topic:City Hearing Comments it - Agenda & Public Request type:Question 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: S . MI COMMUNICATION Meeting Date: //— 2::.—/5— Agenda Item No. Q 1 / 13 http //user govoutreach com/surfcity/prmtrequest php9cund=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: COMMUNICATION Meeting Date: //— A —/S Agenda Item No. �/.m�� // Notes Taken By Date: http //user govoutreach com/surfcrty/pnntrequest.php?cued=2423913&type=0 11/2/2015 Print Request Page 1 of 2 Request: 24188 Entered on. 10/28/2016 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 Comments Status: & Public Request type Complaint Hearing 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: COMMUNICATION IM;�Ptina Date- ! At, enda liam No. http.//user govoutreach com/surfcity/prmtrequest php?cured=2424950&type=0 11/2/2015 Pnnt Request Page 1 of 1 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: SUPPLEMENTAL COMMUMMIGATION mge.irg Gate: Agenda Item NO. Notes Taken By: Date: http //user govoutreach com/surfeity/pnntrequest php?cued=2426900&type=0 11/2/2015 Pnnt Request Page 1 of 1 Request: 24204 Entered on- 10/29/2015 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 pain??????? Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed: 11/08/2015 Date Closed. 10/29/2015 2 50 PM By Johanna Dombo Enter Field Notes Below Notes -P P ..f MIR ENTAL COMMUNICATION Meeting bate: j�-77 Agenda Item No. Notes Taken By. Date: http //user govoutreach.com/surfcity/pnntrequest.php?curid=2427084&type=0 11/2/2015 Prmt Request Page 1 of 1 Request: 24215 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 Hearing Comment -Agesda & Public Request type:Question 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 Late: 5r Agenda Item No. b . ! La Notes Taken By: Date: http //user govoutreach com/surfcity/prmtrequest php?cued=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 Hearing Coil -Agenda & Public Request type:Comment ents 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: SUPPLEMENTAL � U IC-ATION i Wiseting Date Agenda item N8 http //user govoutreach com/surfeity/pnntrequest php?cued=2429038&tvne=0 ® City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov s ` ' Fg TT 14bilA 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 Budding Director And Finance Director To Deny Zoning Approval And A Business License For Medical Marijuana Dispensary At 19142 Beach Blvd., Suite Y, Because Dispensaries Are A Prohibited Land Use APPLICANT CHC ORGANIZATION, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 REQUEST To obtain zoning approval and a business license to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield 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 ISi rely, Jo Flynn City Clerk copy Property Owner, DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Michael Gates, City Attorney Scott Hess, Director of Planning and Building Jane James, Planning Manager Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Sister Cities Anjo,Japan ® Wartakere, New Zealand 127660 (2) docx r City of Huntington ijeach -- 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. 2015-146—APPEAL OF DIRECTOR'S DECISION (19142 BEACH BLVD.,SUITE Y) APPLICANT CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O and to the Attention of Cnstian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield 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 names surfcity-hb orq Sincerely, le'�'J'a�ms Planning Manager copy Property Owner, DDD Pham LLC, 1738 44th Ave , San Francisco, CA 94122 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015146 19142 Beach Suite Y NOF CC 101915 2 City of Huntin2tan 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. 2015-146 —APPEAL OF DIRECTOR'S DECISION (19142 BEACH BLVD., SUITE Y) APPLICANT CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER DDD Pham LLC, 1738 44t" Ave, San Francisco, CA 94122 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield 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 Ilames(cD-surfcity-hb orq Sincerely, J e Jam s Planning Manager copy Property Owner, DDD Pham LLC, 1738 44t"Ave , San Francisco, CA 94122 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015146 19142 Beach Suite Y NOF CC 101915 2 =. 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. 2015-146 —APPEAL OF DIRECTOR'S DECISION (19142 BEACH BLVD., SUITE Y) APPLICANT CHC Organization, Inc d b a Surf City Collective by Salomon Fishman President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield 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 uamesCaD_surfcity-hb org Sincerely, J e Jam s Planning Manager copy Property Owner, DDD Pham LLC, 1738 44th Ave , San Francisco, CA 94122 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015146 19142 Beach Suite Y NOF CC 101915 2 Citv of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntingtonbeachca gov Planning Division Building Division 714 536 5271 714.536.5241 October 19, 2015 NOTICE OF FILING STATUS AND PUBLIC HEARING APPLICATION. PLANNING APPLICATION NO. 2015-146 —APPEAL OF DIRECTOR'S DECISION (19142 BEACH BLVD., SUITE'Y) APPLICANT CHC Organization, Inc d b a Surf City Collective by Solomon Fishman President/CEO C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER DDD Pham LLC, 1738 44th Ave, San Francisco, CA 94122 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 19142 Beach Blvd , Suite Y, 92648 (east side of Beach Blvd , approximately 725 feet south of Garfield Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or dames surfcity-hb org Sincerely, ZeJam s Planning Manager copy Property Owner, DDD Pham LLC, 1738 44th Ave , San Francisco, CA 94122 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 Joan L Flynn, City Clerk Michael Gates, City Attorney Scott Hess, Director of Planning and Building Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Robin Estanislau, Assistant City Clerk Patty Esparza, Senior Deputy City Clerk Project File G James\mmd\PA 2015146 19142 Beach Suite Y 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 CHC Organization, Inc, d b a Surf City Collective by Solomon Fishman,President/CEO C/O and to the Attention of Christian L Peirano, Esq of Petrano&Associates, Inc , 1666 North Main Street, Ste 350, Santa Ana, CA 92701 REGARDING Planning Appl No 2015-146—Medical Marijuana Dispensary at 19142 Beach Blvd Ste Y 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 $3,383.00 � CASH CASH RECEIPT CITY OF HUNTINGTON BEACH PO BOX 711 HUNTINGTON BEACH, CALIFORNIA 92648-0711 www huntingtonbeachca gov/payments G� 0 DATE / J�- �^ Issuing Dept Dept Phone# FUNDS REC�/EE1IVED FROM �� i f ��j jl7Zt7(� 17 ADDRESS / �d A,6A 9�7-7el Phone# FOR 1 �L'�i✓hCl LSZ C�� - C2/1/h/!7� e1s, - (0A: C' CCa-1^ -/' 0 C—O Cc- tI6� AMOUNT REC ED sh O Check# O Credit Card 1$ t j G Prepared Received Finance By By Approval 77 IF OBJECT= 50000 THRU 90000, FINANCE APPROVAL REQUIRED Approval Date --_ j - Business Unit Object _ Subs Sub-Ledger Type ----- - -- - - -- - -- - ------- - E >; —— ———— ————— -- ———————— — __ _ -_ -i` --- - -- - - ---- - - - ———————— — ,_ } � -- - ---- - — ———— - - — ——————— — ————— — —— - ---- - - ———————— — 4 TOTAL $ 3 9'3, �U Stamped Validation Only Please do not write in the box below N0.1290855 CUSTOMER COPY t � RECEIVED 1 JOINT NOTICE OF APPEAL OF � 4� ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUP��l§gAO 2 V1T y C i:R� ca Y Of 3 T1t4GT N BEA TO- CITY OF HUNTINGTON BEACH CITY CLERK & CITY COUNCIL 4 FROM APPLICANT, CHC Organization, Inc d b a Surf City Collective by Solomon 5 Fishman President/CEO C/O &to the Attention of Cristian L Peirano, Esq of Peirano &Associates, Inc 6 1666 North Main Street, Suite 350 Santa Ana, CA 92701 7 Date September 11, 2015 8 RE Appeal of City of Huntington Beach, Finance Director, Lori Ann Farrell & 9 Director of Planning& Building, Scott Hess's denial of business license application certificate of occupancy to operate medical marijuana dispensary 10 rendered on June 26,2015 and Mailed Successfully on July 7,2015. 11 Pursuant to the Honorable Judge, Andrew P Bank's court order dated September 3, 2015, the 12 City Council is ordered to hear Solomon Fishman's and CHC's appeal of the Finance Director's denial 13 CHC's business license application and the Planning & Building Director's June 26, 2015 letter of 14 denial 15 16 Accordingly, Solomon Fishman on behalf of CHC Organization, Inc d b a Surf City Collective 17 demand by way of this appeal that the City of Huntington Beach issue it a business license along with al 18 applicable permits in order to operate medical marijuana dispensary at the location commonly known as 19 19142 Beach Blvd , Suite Y, Huntington Beach, CA 92647 for the following reasons 20 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 24 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' 25 Ordinance No 3700 26 ISSUE NO. 2: CHC, prior to operating, attempted to apply for business license, but was 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 -1- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 ? r I operating in the zone where CHC operated out of 2 ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 3 decision was defective In that HBMC section 5 08 310 clearly states that an applicant aggrieved by an 4 decision of the Finance Director 5 04 through 5 16 may file an appeal with the City Clerk within 15 day 5 6 of the date of mailing and that such appeals be filed with the City Clerk and not the Director of Building 7 and Planning as incorrectly being tasked with the appeal The notice of decision, however, states that the g appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days I 9 which to do so and according to the telephonic confirmation no submission is allowed by mail when al 10 others are allowed to do so 11 Appellate demands pertaining to Planning & Building Director, Scott Hess' decision: 12 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 13 14 decision to deny CHC's certificate of occupancy be declared null and void as a result of the Director' 15 solicitation of application and the processing of the application without payment of fees first for the 16 application 17 ISSUE NO. 2: That the City Council find and determine that the hearing conducted by the City 18 Planning Commission be declared null and void and without effect as a result of it hearing an appeal tha 19 was intended and paid for the purpose of being heard before the City Council and not the Planning 20 Commission 21 22 ISSUE NO. 3: That the City Council find and determine that the fees paid by appellee for the 23 appeal to the City Council be refunded to the CHC and declared to have been misappropriated b 24 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordered 25 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept 26 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 27 demand that you do so and take into consideration the Court's statements that the retail sale of medical 28 marijuana does in fact constitute commerce Seccajidly, we demand, that the council in reaching it JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 f Y I decision do so considering the laws in place at the time when appellant attempted to seek a business 2 license in the first place and not under the changes that the City has attempted to in place, after May 4, 3 2015 4 That's just — under these facts, doesn't fly. Because I got news for the city. 5 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 6 product, but a person who is in the business of selling it. [See Exhibit 1 Court 7 Transcript Statements by the Honorable Judge Andrew P Banks] ARGUMENT 8 I. The City of Huntington Beach's denial of business license application based on 9 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 10 section 65858(e) as it duplicated the City's Ordinance No. 3700 11 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 12 business license application its application for business license was denied because 13 14 Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington 15 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 16 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 17 zoning laws (HBZSO Sections 204 02, 2014 10, 211 04, and 215.04) 18 See Exhibit"2" City of Huntington Beach June 26, 2015, denial of business license application 19 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 20 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858,ET. SEQ. 21 The City's June 26, 2015, denial of business license application by CHC d b a Surf City 22 Collective makes it clear that the City thinks that it passed Ordinance 4059 on May 4, 2015 Passage o 23 an urgency ordinance, such as this one, is subject to particular procedures that must be followed by the 24 City adopting a zoning ordinance However 25 Without following the procedures otherwise required prior to the adoption of a 26 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 27 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, 28 planning commission or the planning department is considering or studying or intends to study within a reasonable time. -3- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i I I California Government Code section 65858(a) [Exhibit 3] 2 While enacting Ordinance 4059, the City invoked this provision "Pursuant to Government Cod 3 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 4 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 5 health, safety, or welfare." 6 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 7 dispensaries. 8 The ability to simply bypass procedures based upon the willingness of a city council to make 9 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 10 approval of additional subdivisions use permits, variances, building permits or any other applicable 11 entitlement for use which is required in order to comply with a zoning ordinance would result in that 12 threat to public health, safety, or welfare" (Gov Code § 65858(c)) would seem ripe for abuse, and the 13 City does just that. Fortunately, subdivision (e) steps in to prevent the City's abuse 14 When an interim ordinance has been adopted, every subsequent ordinance 15 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 16 termination of the first interim ordinance or any extension of the ordinance as provided in this section 17 California Government Code section 65858(e) (Emphasis added) [Exhibit 3] 18 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 19 marijuana dispensaries " No two interim ordinances can address the same subject on the same land for 20 the same reason and purpose 21 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 22 The City admits there was a previous moratorium in the new interim ordinance "The City o 23 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries " In fact, 24 the City adopted it on February 22, 2005 25 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 26 3700 —"An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marijuana Dispensaries" with specific findings regarding the detriment to 27 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 28 moratorium The motion carried by the following roll call vote AYES Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES, k -4- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 i 1 I ABSENT None 2 City Council Minutes, February 22, 2005 3 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant to 4 California Government Code Section 65858(a) . . this interim ordinance shall become effective 5 immediately " (Ordinance 3700, § 4 ) Including the amendment to cut the effective period down to 3 6 days, the moratorium expired on March 25,2005 and can not be re-enacted ten years later pursuant 7 to Government Code section 65858, subdivision (e) As a result, the current state of the law in the City 8 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 9 medical marijuana dispensaries 10 II. Solomon Fishman prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license 11 application because of the City's mistaken belief that its municipal code sections 12 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 13 14 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 15 its business licenses. 16 "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 17 requirement, not a permit to conduct, manage or carry on any business activity within this 18 City (838-6/61)" 19 HBMC section 5 04 090 License not a permit [Exhibit 4] 20 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 21 and is not intended for regulation (766-7/60) 22 HBMC section 5 04 020 Purpose [Exhibit 5] 23 According to the City's own pamphlets available on line as of the date of this appeal states the 24 following 25 A City of Huntington Beach business license is not a regulatory license but is a 26 tax to help pay for the public safety needs of the people of Huntington Beach 27 About Business Licenses, City of Huntington Beach's website <http //www huntingtonbeachca gov/ 28 files/users/finance/How—to—do—bus—flyer pdf[Exhibit 6] -5- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I Applicant's dispensary falls under the category of General Commercial under the City's land use 2 laws A property classified as general commercial can undertake retails sales of goods, such as medical 3 marijuana 4 21104 CO, CG, and CV Districts—Land Use Controls In the following schedules, letter designations are used as follows 5 "P" designates use classifications permitted in commercial districts 6 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow 7 [***] g Use classifications that are not listed are prohibited Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 9 elsewhere in the Zoning Ordinance Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under 10 the heading 11 CO, CG, and CV Districts Land Use Controls P =Permitted 12 [*** Co CG [Commercial CV Additional 13 General] Provisions [*** [***] [***] [***] ***] 14 Commercial 15 Uses Retail Sales - P P (U)(V) 16 CO, CG, and CV Districts Additional Provisions 17 18 Huntington Beach Zoning Subdivisions & Ordinance section 211 04 [Exhibit 7] 19 This is exactly what Applicant intends to do, which is perform retail sales of medical marijuana This is allowed in this zone for this property and for this purpose without the need for any additional permit 20 as indicated under 21104 as cited hereinabove 21 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? These two questions are easily disposed of in the City's municipal cod 24 section that follows regarding the permitted use by Applicant 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 Y Retail Sales The retail sale of merchandise not specifically listed under another use 27 classification This classification includes department stores, drugs , clothing stores, and furniture stores, and businesses retailing the following_goods toys, hobby materials, 28 handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sVrtmg goods, surfing boards and equipment, JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 t � 4 I kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive 2 parts and accessories (excluding service and installation) 3 Hunting Beach Zoning & Subdivision and Ordinances section 204 1 OY [Exhibit 8] 4 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 5 "Permissive," in circumstances such as 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 " Hunt ington 10 Beach Zoning & Subdivision Ordinances Section 204 10Y 11 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under a' 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 California Civil Code section 3482 [Exhibit 9] 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 The purpose of the commercial districts is to implement the General Plan and Local 18 Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows 19 [***] 20 B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach 21 Huntington Beach Zoning & Subdivision Ordinance section 211 02 [Exhibit 10] 22 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 23 within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 24 clear through its use of the terms "full range of retail businesses" meaning the complete spectrum o 25 retail businesses without any further qualification whatsoever 26 This section does not say "a moderate range of retail businesses", "some retails business", o 27 "everything except medical marijuana" The City could have, but it did not Clearly, persons, such a 28 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the -7- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 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 are enjoying and defending life and liberty, acquiring, possessing, and protecting 6 property, and pursuing and obtaining safety, happiness, and privacy " 7 California Constitution, Article 1, Section I [Exhibit 11] 8 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 9 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or better 10 tolerated through the use of medical marijuana It also involves the right to be safe from chronic pain o I medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 12 through the use of medical marijuana 13 The right to medical marijuana however, is not an absolute or an unfettered right. The right t 14 ' medical marijuana is subject to proscription under the language provided for under California 15 Constitution Art I Sec 3(b)(4) that guarantees and mandates that if such a right is to be limited o 16 denied that such limitation or prohibition must be achieved through due process of law and under equal 17 protection of law In order to meet this mandate, those like the City seeking to limit or take away an 18 person's rights to medical marijuana, must do so through express words 19 "The provisions of this Constitution are mandatory and prohibitory, unless by express 20 words they are declared to be otherwise " 21 22 California Constitution, Article 1, Section 26 [Exhibit 12] 23 But the reality is that this property falls squarely within the classification general commercial and I 24 offered the opportunity of conducting general retail sales The City's general commercial zones use 25 classification 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 handcrafted items, medical supplies, " 28 HBZSO section 204 I OY -8- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I But this begs the question of how generous and expansive HBZSO section 204 10Y is The answer i 2 that it is wide open according to the stated intent of the City when seeking to define the universe of retail 3 sales that are included in the applicable use classification. The answer is simple because the city clearly 4 states and its intention of what has intended to include in its retail sales 5 The purpose of the commercial district is to implement the general plan and local 6 coastal program commercial land-use designations. Three commercial zoning districts 7 ourselves by this chapter as follows [***] g B The CG general commercial district provides opportunities for the full range of retail and service this is being suitable for location in Huntington Beach 9 10 HBZOS 211 02, ("***" indicating deletion of chapters or paragraphs not being used in the citation b 11 applicant) 12 Clearly, the intended universe of retail sales encompasses the full range of retail business Full 13 range can be defined according to common parlance as the entire spectrum. Thus, plainly and clearly, 14 intending to encompass anything and everything that can fall into this use classification. 15 b. Beach and Edinger Corridors Specific Plan (BECSP) also Establishes CHC's right t 16 operate a medical marijuana dispensary. 17 18 More importantly, even if we consider the application of the Neighborhood Boulevard Segment 19 2 17 of the Beach and Edinger Corridors Specific Plan, CHC has a right to operate a dispensary unde 20 that plans 2 2 Building Use Regulations under use types 2.2 1(g) "Convenience Uses." The designatio 21 of a black dot"0" assigned in the category of use means "Included Use these uses are allowed by right, 22 subject to cite plan review" See Page 28 of book of development code [Exhibit 13] 23 Appellate demands pertaining to Planning & Building Director, Scott Hess' decision: 24 25 At the time appellee went down to the City to submit the business license application, the 26 counter personnel at the Finance Department asked for the certificate of occupancy form, which appellee 27 obliged There was no expectation that the certificate of occupancy would be acted upon at the time 28 given that the Court's order allowing medical marijuana dispensaries to submit business license -9- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I I applications was based in large part on Defendant's California Code of Civil Procedure section 526a to 2 payer action That action claims that by the City wrongfully refusing business license applications an 3 corresponding fees that the failure constituted waste 4 Therefore, at the time when the certificate of occupancy form was asked for by the City, ther 5 6 was no expectation that it would be acted upon until after the Finance Department approved the license 7 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court had g declared that not accepting the application and not accepting the fees would be waste 9 Nevertheless, much to the surprise of all of the medical marijuana dispensaries that applied for a 10 business license pursuant to the Court's May 29, 2015 preliminary injunction against the City the 11 response to the application carried with it an unexpected surprise ajomt letter of denial The joint denial 12 was from the City Finance Director, Lori Ann Farrell, but also a Planning & Building Director, Scott 13 14 Hess for the certificate of occupancy application that the Finance Department received without payment 15 of any fees. 16 The letter summarily determined that appellee could only appeal the decision to the City's 17 Planning Commission and only appeal the Planning and Building Director's decision and not the 18 Finance Director's decision This was strange as no fees were paid for the processing of a certificate of 19 occupancy so no decision should have been rendered 20 All persons submitting applications for any permits, certificates, development 21 agreements, map approvals, or zoning map or text amendments, or any other approvals as 22 required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and 23 charges Huntington Beach Zoning & Subdivisions Ordinances section 240 06 Fees & Deposits [Exhibit 14] 24 25 The mandate that the certificate of occupancy be paid for is absolute, no discretion, because 26 "shall" is the utmost and strongest form of command No fees were paid and therefore no processing o 27 the application should have ever been made and therefore no need to appeal a decision that never shoul 28 have been made -10- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i i I 1 III. CONCLUSION 2 Now, before attempting to make a decision on this demand for an appeal joint letter of denial as 3 ordered by Honorable Judge Andrew P Banks, we believe you should ask yourself the following 4 questions 5 6 1 Why did it have to take a court order for a preliminary injunction to get the City to accept 7 business license applications for medical marijuana dispensaries9 [Voice Recording] [Exhibit 15] g 2 What law, policy, regulation or custom and practice did the City have in place that allowed 9 City employees to know that they could refuse to provide a business license application tog 10 3 What law, policy, regulation or custom and practice did the city have in place that allowed 11 City employees to determine on their own what class of persons that they could summarily reject at the 12 counter and refuse to accept business license applications and fees from? 13 i 14 4 What law, policy, regulation or custom and practice did the city have in place that allowed 15 City employees to direct all medical marijuana dispensaries to go the City attorney's office if they 16 should want to apply for a business license9 17 5 What law, policy, regulation or custom and practice did the City have in place that allowed 18 City to issue a written statement to every applicant seeking a business license application for medical 19 marijuana dispensary"that it is futile"to attempt to procure a business license in the City of Huntington 20 Beach? [Exhibit 16] 21 22 6 Under whose direction did the City's Planning and Building Director, Scott Hess, decide that 23 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 24 dispensaries falsely claiming that no policy decision of his was ever successfully appealed that he later 25 admitted he never gave? [Exhibit 17] 26 7. Why has the City attorney chosen to represent to the Courts that the City can regulate through 27 its business licenses when its own laws and statements to the public clearly establish that it cannot9 28 [Exhibit 18 statue & online pamphlet] -11- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i 1 8 Why has the City Attorney represented that the First Step in getting a business license is to go 2 to the Planning and Building department when the City's own diagram with instructions on its web page 3 clearly showed that the "first step" was to go to the Finance Department on the First Floor? [Process] 4 [Exhibit 19] 5 6 9 Who decided overnight, on May 2, 2015, to change the diagram establishing that the first step 7 in getting a business license was to go to the Finance Department to the"first step" in getting a business g license was to go to the Planning & Building Department? [Exhibit 20] 9 10 Under whose direction did the City's Fiscal Services Manager, James Slobojan, decide that 10 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 11 dispensaries claiming that he had checked the City's records and that he could find no application for 12 business license when the City had a custom and practice in place of not accepting nor cataloging any 13 business license application from any medical marijuana dispensary? [Exhibit 21] 14 15 11 Under what authority was the Planning & Building Director, Scott Hess, acting under when 16 he decided to process without payment a certificate of occupancy? 17 12 Under what authority was the Planning & Building Director, Scott Hess, acting under when 18 he decided that he would take CHC's July 17, 2015, Demand for Appeal of Denial of Business License 19 by Director of Finance and commandeer it to be heard by the City Planning commission and not the City 20 Council as it should have in the first place? The Court, on September 3, 2015, in this case had to order 21 22 the City Council to hear this appeal because Mr. Hess and the City Attorney refused to allow the appeal 23 and make its way to you as it should have 24 13 Under what authority was the Planning & Building Director, Scott Hess, acting under when 25 he decided that he would take CHC's $449 00 payment for the appeal of the Finance Director's decision 26 and use it for an appeal of his decision which CHC was not appealing? Payment was made under 27 "protest" further reinforcing the fact that Mr Hess misappropriated City money [Exhibit 22] 28 14 What law, policy, regulation or custom p4 practice did the City have in place that allowed JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i i I the City Clerk to refuse to accept CHC's appeal (as well as all other medical marijuana dispensary 2 clients' appeals) when she is mandated to accept its appeal under HBMC § 5 08 310 3 15 What law, policy, regulation or custom and practice did the City have in place that allowed 4 its City Clerk to refuse to accept CHC's fees for an appeal (as well as all other medical marijuana , 5 6 dispensary clients' appeals) that she is mandated to accept payment for under HBMC § 5 08.310 7 16 Up until the filing of the instant action why did the City have a Custom& Practice of falsely g accusing each and every single medical marijuana dispensary defendant of selling medical marijuana to 9 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that 10 no such event had occurred? We provide you with the letter retracting the false allegation from not only 11 the complaint in the case involving CHC but also Med Aid. [Exhibit 23] 12 17 Why is the City now claiming in its complaint that CHC made illegal alterations to the j 13 14 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 15 had found no such violations even when he accompanied the Fire Department on February 24, 201!4? 16 [Exhibit 24] 17 18 Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 18 marijuana dispensary applications for business license without crossing off the personal information 19 containing social security numbers, birth dates, and tax identification numbers? Why did none of the 20 other attachments on the City's Planning Commission's agenda carry the same mistake for non- 21 22 dispensary applicants? 23 19 Why did the City fail in its fiduciary duty to disclose to the dispensary appellees that their 24 information had been leaked? 25 20. Why did the City's Finance Director who was mandated by the Honorable Judge Andrew P 26 Banks May 29, 2015, preliminary injunction to review and make a determination on appellee's business 27 license application not make the decision herself, as revealed at the Planning Commission August 25 28 2015 hearing by Mr Hess' own staff members _13- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 v 1 21 Why did the Directors of Finance and Planning and Building provide a joint rejection?I 2 All these questions, when considering the gravity of the circumstances, paint a picture of the City 3 at its worst, actions speak louder than words Therefore, you have a choice to make One, respect the 4 rights of all people under your stewardship or frustrate the rights of those you don't agree with—simply 5 6 because you can 7 8 9 10 11 l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i F i 7 EXHIBIT NO. 1 _ 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, ) a 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 T 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 F 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 i 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 r 25 MERCHANDISE. SO IS MEDICAL MARIJUANA. NOW, IS IT -- 26 COME WITHIN RETAIL SALES? I THINK -YOU-'VE GOT A STRONG - - 10 1 ARGUMENT. I 'M NOT RULING BECAUSE THAT _=-_ I DON 'T GET 2 THAT FAR, BUT IT' S ONLY BECAUSE THE PLAINTIFF USED 3 SELF-HELP. - - 4 THE APPROACH FOR THE PLAINTIFF SHOULD HAVE BEEN 5 BEFORE YOU OPENED, GO DO THAT WHICH WAS DONE. WHEN i E 4 6 YOU ' RE REFUSED EVEN AT THE FINANCE COUNTER, YOU COME 4 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 - F 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 4 t t f r r EXHIBIT NO. 2 EXHIBIT NO. 3 65858 (a) Without following the procedures otherwise required - prior to the adoption of a zoning ordinance,the legislative body of a county,city, including a charter city, or city and county,to protect the public safety, health,and welfare,may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan,specific plan,or zoning proposal that the legislative body,planning commission or the planning department is considering or studying or intends to study ; within a reasonable time That urgency measure shall require a four-fifths vote of the legislative body for adoption The interim ordinance shall be of no further force and effect 45 days from its date of adoption After notice pursuant to Section 65090 and public hearing,the legislative body may extend the interim ordinance for 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) (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 (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 r 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 = i 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 4 r � - I I k I l t _ t - t i i 3 , EXHIBIT NO. 4 _ 5 04 090 License Not a Permit 9/11/15, 11 31 AM • a y MUNICIPAL CODE _ Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 04 GENERAL PROVISIONS 5.04.090 License Not a Permit_w___ 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 f t- http//www gcode us/codes/huntingtonbeach/view php?topic=municipal_code-5-5_04-5_04_090&frames=on Page 1 of 1 — — a r 1 _ } i [ t � ` I — F L k t EXHIBIT NO. 5 5 04 020 Purpose 9/11/15,11 31 AM ; gyp�b asr t PIo F to 3 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 mtendedfor regulation (766-7/60) View the mobile version http//www qcode us/codes/huntingtonbeach/view php?topic=municipal code-5-5_04-5_04_020&frames=on Page 1 of 1 I F } f i EXHIBIT NO. 6 1 BOUT BUSINESS LICENSES... 6.W fl • • • • Things • - - s alcome to the City of Huntington Beach business mmunity This information guide is.intended,as a icens- - - mmary of information you will need to know in You can obtain an application from City Hall, or Jer to operate a business iri Huntington Beach download one from our website at /11' Certificate of Occupancy — required by It ,is guide is provided as a public service It is not www'huntin tonbeachca gov Look under the Planning and Building Dept for businesses it -inclusive and any specific questions should be Finance Dept for Business License Complete the commercial or industrial location Call (71 ected to the Business License Division at (714) application and bring it to City Hall on the 1si floor, 536-5271 or pick up an application from C 6-5267 Clarification and definitiori can also be 2000 Main Street.or mail it to Business License, Hall )nd in the Huntington Beach Municipal Code, P a Box 190, Huntington Beach, CA 92W If you Al Fictitious Name (dba) — must be filed if y p le 5 6 City of Huntington Beach !business are in a commercial location in the city, you may choose a business rrame'that does not inclu snse is not a re u a ory license b need`to fill out an application for a Certificate of your own last name' Contact the -four , pay. r, a public sae needs of the people Occupancy for the Planning and Building Clerk's office at (714); 834-2889, go online untington leac Department, who can be reached 'at (714) 536- nttp flwww oc ca govlreccirder or contact yc 5271 IoL al newspaper office V Who - - , • It- . Aw 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, 1pawnbrok6 Juires 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 Itcense tax employees, more than 1 business vehicle or coin and bingo Call (714) 536-5267 or the Poli isiness Licenses are not transferable between operated machines A typical business license Dept at(714) 536-5991 for more information iners, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, A- Seller's Permit (Resale #) — required by t ration upon notification to Business License and $41 60 Additional amounts added are as follows proval by the City Planning and Building i State Board of Equalization if you s 'partment 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—52 $3 00 each www boe ca qov Business License These include but are not ' 52 2 00 each /t■ Health Permit — required for food handler cited 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- A- Federal Tax iD # — required if you ha home as the headquarters of their business time fee of$2 00 for a Home Occupation Permit, in employees, are incorporated, or have addition to their license registered partnership Call (800) 829-1040 Businesses, which are located outside the city, visit www irs Qoy 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, required i Compensation insurance r services, fumigators, telemarketers etc vending machines, out of town contractors, pool required f you have employees Contact y focal insurance agent, state fund or vi halls) Call (714) 536-5267 for these licenses Independent contractors such as doctors, wvvwdirca ovfworkers' comp html real estate brokers, hairdressers, janitorial /J� Liquor (License — required by the State De contractors, and home party demonstrators ,How., • . • - :• - - ► • . of Alcoholic Beverage Control if you sell Apartment owners of three or more units serve alcohol Contact 714 558-4101 or vi A business license may be issued at ( ) Mobile Vendors who sell merchandise from ou wait Ya a complete and www ahc ca qov their vehicles, such as gourmet food trucks and include all necessary documents You may need J, 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 seasonal business application may also be mailed to City Hall Be sure (714) 536-5271 ma - ■ ► # - • • • • • • - • How toIbtain a hat if I Don't Obtain a License?- NEC How To Do Business in the City of Huntington ■ inducting business in the city f Violations, i license - Beach , a guide to Economic Development Business License- -www n result in penalties, Notices of Violations, and . . _, hunttngtonbeechca govfdepartrnentslED , Iministrative Citations It is a misdemeanor to I ,. elate the City Business License ordinances 'EW 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) 536-888$ L.11� if1 Huntington , kw at the fixed location of,the business , For � I US Small Business Administration - provides )se businesses without a fixed location, the ., financial 1 assistance programs, guide to " ponsible party must carry the business license resources and workshops (714) 550-7420 or ' th,them while tonduc#ing'business in Huntington ,ach y www stia gov # S C 0 R E Service Corps of Retired rw Often Do I Need to Renew I#? , Executives Workshops and counselors for isiness licenses are renewed annually A small busiraes'ses Gall''(714) 550-7369 or visit � y urtesy notice is mailed 3 weeks before the due www scsare114-orq ' to However, you are responsible for,'renewing A ur license whether or not the renewal notice is 42-1 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 gov arged Notices of Violation and Administrative li�l Small Business Corner - helpful information tations may also be issued about taxes from the IRS www irs gov m Moving;to a New Location in the City. I Small Business Development Center - City,of Huntington Beach ', :ase notify us 'of-your new address, phone provides"help to small businesses through r�ber, and':any other'changes to your business 1-on-1 c�unse'ing ,workshops and education, BuSIneSS'"License ter compliance with any applicable city ,semina6j Call f`!14} 564-5200 ! or visit i �, juireinents, your business license may be lwnrw ocsbdccom �;'i i Ii ! �' 2000 Main 'Street insferred to the new location for a small fee If u are moving to'a new commercial Iocationl, you • • • • • - • - • - 1st Finer I need to ' apply for a new ,Certificate of Huntington' Beach :cupancy Better Business Bureau" (714) 985-8915 hat if I Stop Doing Business or Move'Av+ray? Building Permits (714) 536-6241 A 92648 t, us know in writing if you want your license Chamber of Commerce' (714)536-8888 ncelled Na refunds are given when1 the 11 Community Services Dept, (714)536-5486 d�,Phone: (71 4) 536-5267 siness ceases Consumer Affairs Dept (800}952-5210 Fax: (714) 536-5934 in I Transfer My License to$onieone'Else? Contractors,State License Board (800)321-2752 isiness Licenses are not transferable from one m'er to another The,new owner must apply far a Employment,Development Dept (888)745-3886 Hours' 8,00 am '- 5,00 pm siness license in'their name Franchise Tax Board 1(800.)852-5711 , Monday to Friday here Do I 'Find You? Office of Secretary of State (916)653-3794 www,huntingtonbeachca.gov .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'1st State Compensation Ins Fund (714) 565-5000 business.hcenSe@sl.irfcity-hb org or Enter the main Administration Building and I .low the signs to the Business License count6r Zoriing Department (714) 536-5271 1 XT T- ----E--- n-IBIT NO. 211 04 CO, CG, and CV Districts—Land Use Controls 9/11/15, 11 36 AM M Pi eViOL a Ncxt -N hl Search e`n nt an-ew ZONING CODE Title 21 ZONING CODE—BASE DISTRICTS Chapter 211 C COMMERCIAL DISTRICTS , 211.04 CO, CG, and CV Districts—Land Use Controls In the following schedules, letter designations are used as follows "P" designates use classifications permitted in commercial districts - "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions"that follow - -- - - "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning _ Administrator - "TU" designates use classifications allowed upon approval of a temporary use permit "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 -r 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 Permitted - L=Limited(see Additional Provisions) PC=Conditional use permit approved by Planning Commission ZA=Conditional use permit approved by Zoning Administrator TU=Temporary use permit PX=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 - - - - http//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-21-211-211_04&frames=on Page 1 of 7 211 04 CO, CG, and CV Districts—Land Use Controls -_ _ -J --_-___ 9/11/15, 11 36 AM I Community and Human Services Drug Abuse Centers- _ - PC - - Primary Health Care L-11 L-11 - p Emergency Kitchens - - L-2 __- Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - - Residential Care, General ZA ZA - Convalescent Facilities ZA ZA -Cultural Institutions PC PC PC Day Care, General L-3- L-3 - Day Care,-Large-Family - P P -- (Y)-_ - - — Emergency Health Care - L-2 L-2 - -_ Government Offices P P PC Heliports PC PC PC (B)- Hospitals PC PC - Park& Recreation Facilities L-9 L-9 L-9_____ Public Safety Facilities PC PC PC - Religious Assembly ZA ZA PC Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P -(L) ; Commercial Uses (J)(Q)(R) Ambulance Services - - ZA - Animal Sales& Services Animal Boarding - ZA --- Animal Grooming - P Animal Hospitals - ZA - } Ammals-Retail Sales -_ _ __ n_ _ _____ - P -- Equestrian Centers(CG-Zone)-- -- - - - -- PC 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 http//www qcode us/codes/huntingtonbeach/view php?topic=zoning-code-21-211-211-04&frames=on - Page 2 of 7 - 211 04 CO, CG, and CV Districts—Land Use Controls __ _ _ - - -- -- 9/11/15, 11 36 AM Catering Services P P P__ Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) - Communication Facilities - L-13 L-13 L-13 - Eating and Drinking Establishments L-4 L-4 _ L-4 - W/Alcohol ZA ZA ZA (N)(Y) W/Drive Through - P P W/Live Entertainment ZA ZA ZA (W)(Y) _ W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) Food & Beverage Sales - P L-2 _ W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Interment Services - ZA - -- - Laboratories _ L-1 L-1 - Maintenance & Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business & Professional P P P Pawn Shops - - ZA Personal Enrichment Services L-10 L-10 Personal Services P P P F Research& Development Services L-1 ZA - - Retail Sales - P P (U)(V) - Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC (T) Swap Meets, Recurring - ZA Tattoo Establishments - PC - - - Travel Services P P P Vehicle Equipment/Sales & Services - Automobile Rentals - L-8 L-8 L-12 Automobile Washing - ZA- Commercial Parking - - __ ZA ZA (P) Service Stations - PC PC (E) Vehicle Equip Repair - L-5 - - Vehicle Equip Sales & Rentals ZA ZA - - L-12 http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on - Page 3 of 7 211 04 CO, CG, and CV Districts—Land Use Controls ---- -- _ _ — 9/11/15, 11 36 AM { Vehicle Storage - ZA Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA_ _(K) Hotels, Motels - PC - PC -- - (I)- Condominium-Hotel - - PC- - Fractional Ownership Hotel - Quasi Residential 4 Timeshares - PC 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-I Permitted if the space is 5,000 square feet or less, allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet L-2 Allowed with-a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet (See Section 230 52, Emergency Shelters ) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or - less, allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square http//www gcode us/codes/huntrngtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on _ Page 4 of 7 r } " 211 04 CO,CG, and CV Dtstrtcts—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 T -- - 1,-9 Public facilities permitted, buf--a-co fiditional 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 - y The instruction-area does not exceed 75% of total floor area-of the-personal-enrichment building area ---_L-1 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) SeeSection 230 40, Helicopter Takeoff and Landing Areas - W (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-Pennits (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 t provided - - (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be- http//www qcode us/codes/huntingtonbeach/view php?topic=zoning-code-21-211-211-04&frames=on _ Page 5 of 7 I I � 211 04 CO, CG, and CV Districts—Land Use Controls - —_ -- _ 9/11/15, 11 36 AM devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway (K) See Section 230 42, Bed and Breakfast Inns (L) Collection containers are permitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the director with Neighborhood Notification pursuant to Chapter 241 See Section 230 44, Recycling-Operations (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the director See also Section 230 86, Seasonal Sales - (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process (1) Retail markets with no more than 10% of the floor area devoted to sales9display, 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 addrtions?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 - t (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial - land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels,theaters, museums, and related services (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241 - http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on _ _ Page 6 of 7 211 04 CO,CG, and CV Districts—Land Use Controls -- __ T 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) - E View the mobile version - - - - E _ _ Z_ _ - I http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on _ :Page 7 of 7 i � EXHIBIT NO. 8- 204 10 Commercial Use Classifications f 9/11/15, 11 38 AM I Next Matt f C h NO Frantz s 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 Thts classification includes activities such as feeding, exercising, grooming, and m6dental 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,I and air-conditioned Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use - 4 Animals, Retail Sales Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours 5 Equestrian Centers Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas _ 6 Pet Cemetery Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial C Artists' Studios Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft D Banks and Savings and Loans Financial institutions that provide retail banking services to individuals and businesses This classification includes only those institutions engaged in the on-site circulation of-cash money It also includes businesses offering check-cashing facilities With Drive-up Service Institutions providing services accessible to persons who remain in their a automobiles - - - E Building Materials and Services Retailing, wholesaling, or rental of building supplies or equipment This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors'yards, but excludes establishments devoted exclusively to retail sales of paint and hardware,- and activities classified under Vehicle/Equipment Sales and Services F Catering Services Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption (See also Eating and Drinking Establishments) G Commercial Filming Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year (See also Chapter 5 54, Commercial Photography) http//www gcode us/codes/huntingtonbeach/view php9topic=zoning code-20-204-204_10&frames=on ` Page 1 of 5 _ I i f 204 10 Commercial Use Classifications _ — _ 9/11/115_11 38 AM I H Commercial Recreation and Entertainment Provision of participant or spectator recreation or entertainment This classification includes theaters, sports stadiums and arenas, amusement parks, bowling_ alleys, billiard parlors and poolrooms as regulated by Chapter 9 32, dance halls as regulated by Chapter 5 28, ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than four coin-operated game machines as regulated by Chapter 9 28, card rooms as regulated by Chapter 9 24, and fortune telling as regulated by Chapter 5 72 Limited Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet I Communications Facilities Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major) This classification includes radio,television, or recording studios, telephone switching centers,telegraph offices, and-wireless communication facilities J Eating and Drinking Establishments Businesses serving prepared food or beverages for consumption on or off the premises 1 With Fast-Food or Take-Out Service Establishments where patrons-order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption a Drive-through Service from a building to persons in vehicles through an outdoor service window b Limited Establishments that do not serve persons in vehicles or at a table _ - 2 With Live Entertainment/Dancing An eating or drinking establishment where dancing and/ot 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 mclijde crematories, columbaiiums, 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-arc - classified as Limited Industry P Maintenance and Repair Services Establishments providing appliance repair, office machine repair,-or building-maintenance services This classification excludes maintenance and repair of vehicles or boats, see (Vehicle/Equipment Repair) — - Q Marine Sales and Services Establishments providing supplies and equipment for shipping or related http//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on _ _ Page 2 of 5 k i 104 10 Commercial Use Classifications _ ; 9/11/15, 11 38 AM i 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 fertilizerof 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_admimstrative_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 teasAsiffication Y neiad Sales. The retail-sale of merchandise not specifically fisted under anotheruse classifieatioriThis -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 withm a - building where groups of individual-vendors offer goods for sale to the public A 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 ittp//www qcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on Page 3 of 5 204 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 fora fee - 4 Service Stations Establishments engaged in the retail sale of gas, diesel fuel,lubricants, parts, and - accessories This classification includes incidental maintenance and minor repair of motor vehicles,but- excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles 5 Vehicle/Equipment Repair Repair of automobiles, trucks, motorcycles, mobile homes,recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts-This- classificationincludes 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,tare shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles 6 - Vehicle/Equipment Sales and Rentals Sale or rental of automobiles, motorcycles,trucks, tractors,- construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance 7 -Vehicle Storage The business of storing or safekeeping of operative and inoperative vehicles;for periods of time greater than a,24 hour period, including, but not limited to, the,,storage_of parking tow-_ aways, impound yards, and storage lots for automobiles,trucks, buses and recreational vehicles, but not including vehicle dismantling._ GG Visitor Accommodations - - 1- Bed and Breakfast Inns Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and - - drinking service for lodgers only provided from a single kitchen = 2 Hotels and Motels Establishments offering lodging on a weekly-or less than weekly basis Motels may have kitchens in no more than 25% of guest units, and"suite" hotels mayhave 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 f f 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 CodeSection 1351(f) The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every-unit-that is available-to-the general public on a daily basis year-round, while providing both - general public availability and limited owner occupancy of those units that-are in the form of separate condominium ownership interests 4 Fractional Ownership Hotel Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners-on a fractional time basis A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners HH Warehouse and Sales Outlets Businesses which store large inventories of goods in industrial-style http//www qcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on Page 4 of 5 I 204 10 Commercial Use Classifications _ I 9/11/15, 11 38 AM 1 _ 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, - 3 842-11/09) View the mobile version ' r - S - _c - I - http//www qcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on Page 5 of 5 f , - I _ r EXHIBIT NO. 9 — � a i California Civil Code section 3482 . Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. 6 1 _ l e I � I i r ' EXHIBIT NO. 10 l 211 02 Commercial Districts Established I' 9/11/15, 11 39 AM I 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 J B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach I ' 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 http//www qcode us/codes/huntingtonbeach/view php?topic=zoning code-21-211-211_02&frames=on Page 1 of 1 1 V I ` -- Y k L EXHIBIT NO. 11 �I k 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 w I - - t t r , I I - - I � r I EXHIBIT 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. F i j r � 4 f EXHIBIT NO. 13 2.2 BUILDING USE REGULATIONS it)' nteE�rtainmentAnchors Convenme U es — ----Definition An Establishment rnvid- � P ovtc theaters I Definition i buisaesscs selling Sma13 wale phannacits i • For the purposes of this Plan,all permitted and eondlnonally permitted building Uses trig resoumes or activIli es for exercise, food and ads,Or pt O4'iding COnt'C- Small scale grocery or food sales t relaxation or enjoyment that is at least mem,e ^sees to serve nearby residen- Convenience stores have'bcrn classified into l]st Types Each Use Type is defined in text below and 15,OCltj square feet to size and is a proven ti :tghborhoods such as[host listed includes uses such as dhow listed an the accompanying Use Charts The Use Charts generator of significant pedestrian traffic Delicaicsscns cafes bakeries ■ include specific permincd conditional and prohibited uses for each Use Type and sales such as those listed Ftonst& Uses Eis[ed as permxred in the f?catlopnitnr Standards Chars are fitrther regulated �_— —_--� Hardw^arc stores/lock&key herein and arc defined as uses penmocd by nght subject to approval of a Site Plan r Pevnew (Isis listed as condrlronal in this stcuon are defined as those which require _ - Eatm &l3nnldn FstabPislvnents Video rsntalsEalin &drinking cctabhshnir nls special consideration either of their impacts on the neighborhood and land uses in the - g g vicinity and/or of their physical wganeaation and desegtt A ccndtuonai use shall lit Cxfimnon Restaurants bars clubs or ]=till service • wr less thaw 12 seats other establish- vy Outdoor dinin • - -. — — — considered for approval if tlic proposed use confom^ns with all requirements spec&cd ments,such as those listed - --- - --— ---— w?''Live entertainment c. ' to the conditlonai tine policy,and if It conforms with the goals and vision of the I h Business minces Plan w/Dancing c I Deflattion Small to medium sileal hula• Banks • t wl Alcohol c Hesse$.pravidtng services to local tnist- Mall/A[ppi ng sery tees All permitted uses for a single Copier or Segment are allowed either alone or to nessts and residents such as those listed I combination w^tth any other permitted uses within a parcel Proposed uses that arc not Vendor cans s aces or stands Office sit ty explicitly listed en the Use Charts may be permitted if it is determoned by the Plannmg ! Adult entertatinncnl facilities I--I Photo co rig& nnun Director that the proposed uses rneer the purpose and Intent of the Plan Special Conditions for Business Services Financial services c Special Couditons for Fanne&Dunking Establishments - 1 Legend (1) Financial services shall be permitted in this category prow iding that they er Not Permitted (t) Vendor Cans,spaces,or stands within the public right-of-way shall require i are offer services that eater to and generate pedestrian traffic Other O Included Use lhcse toes art allowed by right ht subject to Site Plan Review a conditional use permit J I I financial services uses arc to be considered under 3)(3fhx to[his • Coridilimaf Else these uses require a conditional use permtl They arc allowed (1) Chairs and tables for ouidoor'dining shall be permitted on sidewalks within section _ J e if They ace deemed by[he approving body to meet the purpose end intent of the 1 the setbacks zone and within the public right-of-way provided that t.7 Plan (a) The use maintains a minimurn five-foot wide unobstructed portion of P sidesvatk condor which is clear and unimpeded far pedestrian 11.1cZ Definition Small in rncdtum.sized Barber shops/hair&matt salons I2 2 1 USE TYPESW businesses providing services to local Tannin salons&spas + .;) I �. .. a• 3., f'S..-� (b) The use keeps the full width of the building entrance clear and households such as those listed U 1 Retail unimpeded for building access; + Yoga&karats studios z Dry cleaning estab hshments - A i m) GcncraE Retail Requirements — _ _ - i Self Service.laumlromats (1) Minimum interior height for ground level retail of all types is fourteen — pG � (74)feet from floor W ceding Use converstoris in an.existing building Fe aloods&Foods 1)Personal Enrrc Meat Servreelt may not be required to meet this'regmrtment N � i Dc6niiton General torsi!establishments Apparel&accessary stores •_ Definition Provisiau of tnsttttctauna! Dnver education. - i (2) Any uses featuring outdoor sales or outdoor storage not clearly ancillary st[hng gtialuy/spacialty goods such as gook stores savrces or facilities Yoga dance martial arts or cnher those limed . _ _ + to use sha!l require a Condtnonal Use Pelmet An galleries fi mess studios a 5 sal Goods Anchors Large Scale Goods goods that dui open air markets • �!Fane arts S'.craps^T -.� Second hand r ant tie stores • � Definivan A"regional desttnauon Department stares • � to their size,may require close access q � — -- --- ---•-- ---- - --- ® non-toad retail store that is at least General merchandise stares by=a and trucks such as appl manes A liana&electronics Stores . l Service Commercial&Re rr 30 000 square feet in size and is a ptrov- gbh su $sorts • electronics,sporting floods,fu—tum Sporting goods stores • Definruon gusmesse-,pro ry vndmg Plumbing seices • f cn generator of significant pedestrian - - and home furnishings Fumttur c&home Furnishings services to industry Stnices that are Vatum cleaner Sewing,and applo- f" Electronics su ersto • g • z � traffic and sales such as thole lasted res stores tndustnal to nature or servtees that are ante re it va Quality home department ,2 • best suited.to an auto-onented environ.- Gas stations c etstore% x j �. {-^- sup ^— ��--�- —'---—--_ .—.— mint such as ihu$t hated 'w b Community Oriented Anchors A Commercial Recre9flan&En rtainmant l Largg Scale Commercial Goods j A f Definition A`local desimation'con- Supermarkets • Deftmivan E$tahhstunert4s providing Srnal!scale movie theaters + DcFmtuon Businc,scs whose pnmarp warehouse retail vcnitnee store that is at Icast 15 000 Specialty food markets • resources or activities for exerci Sc Bost ling centers&billiard parlors . I achvtty is the E tit Went TM it i $ stare Feel in sire and r$a rover relaxation,or en o'ment such as those • scale 1 commercial goods that arc not 9 p Pharmaetes&convenience t > Health&exorcist clubs Construt:upn supply generator of des€nan traffic and sales ' listed - particularly well suncd to pedestrian € iK su trstares Amusement arcades • Restaurant supply such as chose listed distracts and that require claw access by Cnmrntmtty oriented h Auto su l}stares - --- --_T----—_ -- autors -- -- cars and pucks sucks as those listed- -- --- - C+7 I over 65,000 s f i 28 ' , I , I + .� -r.,y; ,,r-i m Vehicle sales I4}� &I791IIg tie az t... r'» £ ' '�s;��` 2 2 2 SPECIAL RETAIL LUNFIGUICATI6]NS Definition Businesses that sell any Motor vehicle sales f Definition Short term commercial lodg-ffBed&brcokfastyguest houses •kind of motorized rehtelt such as those ing facilities such as those listed els 1 •listed i 1 ls&motels I. _ �,.� �� + J Special Retail Configurations Imut the size of individual tenants and the total amount i - of retail permitted-for Neighborhood Center and Corner Store retail'clusters as IC&IIl� 11L7i1'RI i;�':.k`-'",c .__. '"�.`: '• r ",.yw f,-x s �. -- -- a.- 7'im i cetx�.."3�r+ �•aw--.�.. k well as the pro%gmon of dove through services Il 1 ' [ 5}'�Li►+e9tiv�rk•�a�i �;� ,,x-r'`�;• .�.�.; ,.;:�R .�.�n�-,�,.r�-:; I I non andDe6nuti n See ices lturauding educe- Baseballs assernbl • Definition A dwelh rig unit in which the Live-work units • s`2,��FRCglti�t'[O13 -- •�;. ax sY{' 'i,. .,,tl�n and U4 ItI6S)cultural IPStini[BO 15 Sasehall:footba fell soccer tennis, .� and[ecreananal facilities m`add avail- acid other' orts fends and eaorIt • - occupant cvnduus a home ha_rd l+usi - - l — ' ;W Hess or enterprise i � I i] Where rc[ail is pet'mttttd as part of a 3•feaghhorhoo<I Center Comc`t'Srorc or—� ---•-- able to the general public for Bee or at a Communitycenters 1 • a reasonable cost such as those listed - 1) Special Conditions for Live-Work drive-through rt sna{Itconfomi[u the following size and location tcquircmen[s , Educaiianal•Faciliues • i Indoor ubhe recrcatmn facilities • (I) Work activities that require hamcdouslassembly,including fabrication �} Nerghborhood Canter Libraries , • � manufacturing, repair,or processing operations such as welding and or venues Definition A retail cluster(two or metre abumng retail establishments)consisting Exhibition,eonvcriuon,or conftiv i woodworking, rities including die handling of a g nimals'shall require a q ■ of[pt'rm mnoe tttedl conveu uses,small-scale shopping,and personal sorviccs that enee centers Condtional Use Permit provide goads and services amenities to nearby residential neighborhoods • CkjZ halls • (2) The maximum number of employees not including the owner/occupant is i) Special Conditions for Neighborhood$cn•ing Retail Hospitals c limited to two per unit + Courthouses ■ (1) Limired to a maximum of two community oriented anchors Museums • (3) Once established,Live-Work may not be converted to a solely commercial 1 (2) Limited to a orbusmess use However Live-Work units may revert to solely residential maximum of 25 WO square Diet ofnon-anchor retail Perfommng arts facilities • �. '^ -.-r--.s {3] Limited to a maximum size of 5 000 square feet per Eating and DFInktng x Stadiums,not ttieindtng sudtunas �_T use _ -�J 1 for pfassional sports teams o e5iablishricnis r-t — F swimming !s 6 ReSldetltial F`.,�ar'. ^`.+�:'•.• ,a .� .: r_�'..:�•L"':.ry,,.._ ',i A t poo • �,'•. .- { ) Conditional Use Permit Development mclw9uig lion-anchored retail uses Post offices • Definition All Qumcr-and renter-occupied dwelling units,including attached and exceeding a total of 25,000 square feet 1 Transit facilities,terminals,& • detached houses,multi-unit buildings,manufactured and mobile homes 4 v° stations � � b) Corner Store police stations fire stations • a Akul[r-fated wMh Common 1 ofsb Enf ----- —w--------- -- • Definition A small store ar cluster of scores integrated into a larger 6utlding on Definition Buddmgs designed as a Dwelling units acwsprimary, ry the comer of a city block Garner Stores consist of(perrrntted]C9nVeR9ci1CC iFSC4 -,- ,:ar. ';_ ;m° f';'�4•,�� residence foe multiple households where Ihvelimg units,primary,two or •,,, t„n 4 i r•.,rri a ,I + small-scale shopping,and personal reinter that serve seines or businesses locared p " same dwelling units are accessed from a more households r structure <- F •. within easy walking dtsrame 4 a professtanal Services comnion lobby entry or shared hallway j a Definition Wodtplace uses including Research&davalo micrit ofices • — _ _ •,^ �.1 1) Special Conditions far Comer Store Retail 1 eA ' professional adnimistrative,research f �'�I pr Educational&msinunonal offices + b Mulfri-family with indtrrdunl E I (I) A maximum size of 2 SDO square laic per use � ry and development financial and educa- print&electronic media offices I uonal activities for businesses,individo- Definition Bui€dings deswgnad as a Dwell units,accessary l (2) A maximum size of S,aW square feet total per cluster E [newspaper.magaztme,radio, • residence for rmeltiple households where Dwelling units,primary,two or 1 air,and non-prorit organizations such as television) • (3) Conditional Use Permit individual uses larger(Ilan 2100 square fleet those listed all dwelling units have a dedicated mare households cr structure []eta or ulccominunicanons at entrance accessed directly from a public ! provided that the use is unique and not already provided within one(I) 1 fices sidewalk i mile trade area C Aoyothcrprofe=onal executive _ l I jor adminutran vc office use f�] Comer Store'$etnrl must be located on the comer of a blocL and die e Attnehed Sl !e-Fermi Ho{ omrante roust fart a public strctt square,or plaza space _ — Definition Attached hotmcs an separate DwtlUng onus accessaty • n) Parking spaces in[ended for Cartier Stoic Uscs must be loco red on smuts Off• 'a b Medical Services parcels sharing common walls Widt arch Dwelling units,primary one street parking is aiseaumged for comer scare and shall rcgwrc a Conditional use o Definition h9 cdical woil[plara uses and Medical&dental offices or facili- home featuring an rnirancc accessed houshold r structure • permit w • directly from a public sidewalk i esaabhshmrnls toils employees with ties W 1 medical licenses such as those listed Indoor veterinary clip Fes c c) Drny-T 1roagh O Acupuncture,physical therapy • '-"-� Definition Service from a building to persons in v'ehides.through an outdoor service 1 chiropractor d Detached Single-Felvaily Homes window• 1 i Psychiatric • Definluon A detached budding de- Dh Ilmg units accessory11 signed as a residence for one household p-aing units primary,one •I --` ---------JY r Mortuary services �• - ---- - hausjiolds cr structure- --- _J J 29 I 22-3 AFFORDABLE H()ITSiNG Rr-()'UIRI3htgNT ti} 1i�rsrellaneousProvtsrons This section contains standard and guidelines to ensure that affordable housing is i) The conditions of approval for any project that requires affordable units shall provided throughout the Spmfic Plan area consistent with the City s Gencral Plan specify the following items Housing.Element (1) The number of affordable units, } -. - f,• 'a .r•a'• (2) The number of units at each income level as defined by the California Health and Safety Code,and I a)—General (3) A list of any other incentives offered by die City , t This section slia 11 apply ui new residential projects three(3)or more tim es in size m) An Affordable Mousing Agrnerneot outlining all aspects of the affordable housing provisions shall be executed between the applicant slid the City and i b) Requirements(or some other appropriate tale) iccorded wdh'the grange County Recorder s Office prior to issuance of the ' first buildingtpermit For rental projects the City Development Agreement i) A minimum of 10 percent of all new residential eonsrivctxin shall be affordable shall be used ' housing unite unless the project is within tho redevelopment project'area,in l whicli case the equwalcrit of 15 percent of all new residential construction shall in) The Agreement shall specify an affordability terra as spectficd by Section be affordable housing units 230 26 of the Huntington Beach Zoning and Subdivision Ordinance , it) re City Dcvclvpmcn!Agreement shall Ix required for projects that include iv) All affordable on-site units in a project shall be constructed concurrently with or rental units poor to the eons[ructiani of the primary project onus unless otherwise apprti veil through a phasing plan Final approval(occupancy)of the lint market m[c tit) For sale units included in the project shall be made available to moderate residential units shall be curtnigent uporr,lire completion and public availability„ H hlu C d b income households as defined amia Health anafey Cade Section� d St Cd St or evidence of the applicant's reasonable progress ruwartis anammeal of T 50093,or a successor statute completion of the affordable units G aiv) Dcvclopers of residential projects may elect it)pay a fee in lieu ofprovidmg the v) All affordablc units shall be reasonably dispersed throughout the project ..y units on-site to fulfill the mquircmenr of ibis section as allowed and pursuant unless otherwise designed through a master plan shall contain tin av'cragc the to the requirements of Section 230 26 of the Huntington[leach Zoning and U 1 g same number of bedrooms as the market race umrs in the project and shop]be w Subdivision Ordinance co mparable with the market rate units in terms ofcxtmor appearance,materials a7 v) Developers of residential projects may elect to provide the affordable units of and finished quality an oft site location If affordable units are off-site they most be under the full vi) New affordable units shall be occupied in 0 e following,manner U control of the applies at or other approved party and must be located within the (leach Flinger Corridors Specific Plan area boundary (l) If residential renal units are being demolished and the existing tenant(&) meets the eligibility requirements,lieishe shall be given the right of first �. vi) New residential projects shall include construction of an entirely new project PQ or new units added to an existing project For purposes of determming the refusal to occupy the affordable units(s) or e4 ry required number of affordable housing units only now units shall be counted (2) if[here are no qualified tenants or if the qualified tenants)chooses not to N ! cxcrcrse the right of first tefnsa)or if no demolition of residential rental cj Off-site Construction of Affordable Units units occurs,then qualified households or buyers will be selected i) Execpt as may be required by Ca Iifomia Govem mcni Code Section 65590 or a successor statute developers may provide the required affordable housing off- c) Price ofAffordvblr Units ' site at one or see curl sites within the City of Ilunti ugton Beach in die Beach Affordable housing cost shall be calculated in accordance with the Code Section ' Edinger Corridors Specific plan area 50052 5 standards far ownevsh ip units and Code Section 50053 staridards for rental U u) Off-site projects may be new construction or substantial rehabilitation,as units z defined by[he Code Section 33413 affordable housmgprutluchon requirements, oI existing non-restricted units conditioned upt)n being restricted to long-term f) -Reduced Fees for.4ffordable Rousing i a ahlordabil.ity,'At Risk'units identified in the housing Ekment or mobile homes may be used to satisfy this requirementProjects that exceed inclusionary requirements on-site will be eligible for reduced , w City fees,putwtant to an Affordable Ilousing Fee Reduction OrdroAnce,upon w ni) All affordable oil'-site housing shall be Mistructed'or rehabilitated prior to adoption by die City Council or concurrently with[he primary project Final approval(occupancy)of die first market rate residential units shall be contingent upon the completion and $) Density Bonus Ineentitres .. ' public availability,or evidence of the applicant s reasonable progress towards y. attainment of cornpfelion or the affordable units Projects that meet the affordability provisions of Section-230 14 of(die Hunnngtan - Beach 7•onmg and Subdivision Ordinance for density bonus shall be granted an i armetntive(s)or concession(i)pursuant to Scctiori 230 lA i, ' i 30 t This chaptersets fords definitions of etium words or phrases used in this Code in Block Perimeter r order to promote consistency and uniformity iu their usage,thereby facilitating the The total Icngth of the public rights-of-way along all block faces interpretation of this Plan The meant ng and construction of words and phrases as Brwzcw.ry i sec'forth in this chaptci shall apply throughout the Plan no less the context clearly A covered driveway or walkway penetrating a building to connect to courtyards, indicates otherwise Definitions contained m the city's Municipal Code shall be t parking areas,ors lk}s at the interior or rear of a parcel appheable except when in conflict with definitions contained m this chapter oa elsewhere in this Cade,in which cast this Code's definitions shall prevail Building Any structure having arroof supported by columns or walls for the housing or Accessory Building enclosure of persons animals chattels,or propertyr of any kind i 'p A building or structure which is located on the same lot and customan ly incidental and subordinate to the Primary Building or to the use of land such as a gars go Building Composilwa Accessory buildings may be freeswnding and are not considered pan of the Primary Abarlding s spatial arrangement of masses and architectural elcments in relation to Building Mass when attached to a Primary Building Typically accessory building each other and the building as a whole uses include vehicular parking storage of lawn and garden equipment,storage Building Disposition of household items,play house or green hease Accessory buildings may include The placement and orientation of a building or but ldi rigs on a parcel habitable area such as a home office,recreation room guesthouse,or sleeping room(s) Building Ent elope The maximum space a building or binldnigs may occupy on a parcel Accessory Dwelling Unit A separate,detached,complete housekeeping unit with kitchen,sleeping and full Building Hetgbt bathroom facilities located on the sameparcel as a Primary Building but subordinate The vertical extent of a building measured in feet and statics not including a raised basement or a habitable attic in size Active Lilqug Spaces Building Orientation Habitable spaces such as dining rooms,living rooms orbed rooms thataccommodate The direction that die primary budding facade of a building faces living activities Budding Flacement Active living spaces do not include kitchens,bathrooms, partially submerged The location of building on a parcel basements,or utility spaces Buildiag Volume Alley, Part or all of a building's three dimensional bulk A public or private way havi ng an ultimate w idth oftol less than 20 feet permanently Context reserved primarily for vehicular service access to the rear or side of pnopwics Physical surmundings including a combination of architectural natural and civic I otherwise abutting on a street elements that establish a specific distract neighborhood or block character Alley Setback C'orndor The required minimum dtslance from an alley s edge of pavement to any building The combination of all elements that characterize a roadway Thn consists of all Artaculxtion j elements within the nublic right-of-w'aylsireer(du vehicular retain/thoroughfare The use of architectural elements to create breaks in the hi)VZONal and vertical And the pedestrian realm i public frontage)as well as each adjacent property s it surfaces or masses of buildings private frontage Base Corridor Centers•nd Segments A base treatment is a horizontal articulation of the tower part of a building fa"de's An area as defined to the Corridors Centers and Segments Map whose urban form Ik has a unique character within the Plan Area The the of Corridors Centers end design that serves to establish a human scale for pedestrian users and passers-by E Segments.Forms the basic orgamxiutg principle for the-Plan°s Development Codeand aesthetically'ties'a building to the ground BWrk I Corridor Centers aml Segments MAp Q An aggregate of land,includnig parcels,passages rear lanes and alleys,bounded The map that designates Corridor Centers and Segments and determines which r./1 regulations to the Development Code apply to each property within die Plan Arca by streets or rat[road rights-of-way,An alley dots not constitute the boundary of [} Block 133 Development Code Frontage Coverage Zone open Spare(Public&Private) Prrmary Entrance The chapter of the Specific Flan containing all Standards, The space between the mmtmum and maximum front yard Land that may he used for passive or active recreation There The math.+principal point of pedestrian access into a building Regulations,and Guidelines that appiyto development within setback lines and the mmtmum side yard ar side street setback area wide range of open space Types including parks plazas, configured as a Prvate Frontage Type the flan Arcs Itr es yards and other configurations as defined in the Development Private Frontage Density Frontage Line code , 1)The portion of a property between die back of sidewalk The numhG-r of rBa<•e69mg units within a standard measure of A property brie that cmnetdes with the corridor public right- Parcel or Assembled P—ef line and the,primary building facade a]anft any Street land area,usually given,is units per acre of-way A legally defined area of land under single ownership �' .,J i'orrto'tns Of all primary building facades up to the top of Development Regulations ..�... _ _ _ Frontage Type Parking Lot the first or second finor,including Iiiiilding entrances located All Standards and Guidelines contained within this A specific con5gumtion nfelemcnts chat define tiaw poblic'or K paved areausually d.[vided into individual spaces,.intended - along and oriented a street Of active,open space— document private froniagcs may be designed I for parking vehicias Physical elements of(lie Private Frontage include,but arc not Driveway Garage Parking Structure limited to a buildings primary entranee treatments setback A vehicular lane widen a parcel usually leading to a garage A building used for vehicular parking with no internal A sirucnirc used for parking or vehrC]CS where]larking spaces, areas and property edge treatments ' or parking area circulation turning radius,and drive aisles arc mcorporared within the Property Guidelines structure Dwelling UnitG 1 An individual/owner s land, including laird itnprot•'errtents One or more habitable rooms with only one kitchen,and Principles that provide direction regardrg the preferred Parnaily Submerged Podium and any porn Went fixtures on the land including buildings designed for occupancy as a unit by one or more persons method of- addressing spcetficd design considerations A parking struerurc built below the ream building mass and trees and other fixtures living as a household unit with common access to all living, Cunformance with guidelines rs recommended but not partially submerged underground Property Line kitchen Arid bathrooms areas required Passage`p-co The boundary that legally arid geometrically demarcates a Enfronr 111510TIC Resource An at-grade pedestrian connector passing between buildings, property A building site or feature that is a local,state,ur national providing shortcuts through lung blocks and cuunecting To be]Heated along a frontage line 'Pahlac Frontage historic landmark sidewalks or front yards to rear yards parking areas and The area between a thoroughfare curb face and the back of Enfrareev or Entry open spaces Apomi ofpedestrian access into a building douse Scale p P sidewalk line Physical elements of the Public Frontage To be roughly equivalent in size and mass to a detached single Path include but arc not limited to the type ol.curb stdcwalk Facade family house A pedestrian(or bike)way traversing a park or rural area, planter strip street tree and streetlight The cxlcnor wall of a btnfdin The front of a budding or ' g g with landscape matching tine contiguous open space any of its sides facing a public way or spaces frequently Human Scale Public R ghf-of--way distinguished by its architectural treatment To have the size,height,bulk massing,or detading that Plan Area For purposes of this plan,any area dedicated or subject to creates a comfortable relationship to humans The land whose boundary includes all the properties that public fee ownership or an easement for public use for Fa4ade Composition must adhere to the regulations within this document vehicular andlur pedestrian travel mcludmg,but not limited The mlattoos hi bcm ten Eli dividual elements of a fa de as Liner Radding{Usea p on to streets alleys,and sidcw•alks rfiey relate to the Fapadc s overall design,ariicu]ahon and A portion of a building,with distinct hahrtahle uses locateed i Planning and 6uilding'l7ireetor,+Designee , organization along a property frontage such that it i conceals the larger The head of a city'splanning and building department orotlter Public Right-Of-V<'ay Line building behind Topically litter uses am located along mdrvidual who has the authority to make decisions regarding Tile Wtiadary that legally and geometrically demarcates the FaSadc Offs" parking garages or large fotmat,'anchvr retail buildings the Implementation of the regulations within this plan Public Right-Of-Way A hunzont ah or vertical plane break spanning a facade where ,.r I I I I ` I one portion of a.fa�adc sets back frcrm another Kim Entrance ! ' � I, I Plirnter Strip I � i + uhhe Wurks DiW' n�Ill"Iltin e I I See primary a itrance a Aid eletrert¶of the public'frontage. located m betveeri the I c head of a tit}'g public works de,arrrncnI pr th.v M1741tfFamil I sIT i rkan [hcthori�ughfare curbfa w Ichaecomtn6dates divtdual who has the authortt} 'make�scisions regarding , Sec story 1, latitiscapung,'including street bees Fla Ater stops may be ,_" tic implementation, of,the rcgulatons wuh 11 tails plait The use of a single building for two or more dw'cl]ings continuous or'individual Front Street i'Rear Yard A street that a building's primary critrance is oriented Municipal Cade Primary 8uddang The area that results from a rear yard setback towards Acal{ecnan of regulations that guide local goveminent A mainfpnncipa] building on a lot, including parking Rear Yard Setback Front yard Open Space(Usable) structures and excluding accessory buildings ur structures The distance be twecn a rear property Itne and any hill idi rig The area lhat results from a front yard setback Any side yard,courtyard,or other upen space that is accessed with a primary facade located within the frontage coverage 1 directly by primary cnirmcc(s)to housing units or office zone Regulations Front Yard`setback spaces Outdoor or unenclosed area on the ground or on a Regulations include Regulatory Definitions The nlles and Ilse distance or range of distances (expressed in bath Primary Building Fa4ade f ( P balcony,deck,porch or terrace destgited and accessible for perlurmance measures that define Regulations and establish minimum and maximum)requticd from the back-of-sidewalk outdoor living recreation,pedestrian access or landscaping flee matrJpnnetpa.]facade of a building that faces a slice]or huw Standards apply to propertics Regulatory Definitrons do �, sable upen space does nut include parking facilities, . space not vary fruni Otte District another su die primary building facade alaig a meet U Frvnta a Coverage driveways',utility ur service areas Primary Building Mass. S g � Regulations include Cencrsh Rcquircmc7its Per lbrinrtncc Q The mmtmum percen(age of the length of the frontage The most protrnttent portion of the Primary Building's ^a coverage Zone that shall he occupied by a primary building 3-dimensianal bulk Treasures that do not vary ffmn one District a©another facadc(s) 134 I i ` Ribbon windows Street � I �'rtndmvs S ' Ribbon windows are a series oflong horizontally proporvoned The combination of all elements within the public right-of- .Openings Ina building fagade that allow fight and/or air into windows mmin-up"by vcrttcal mullions way the vehicular realm f thoroughfare and the pcdesman die building r i Roof realm,'pub licfrontage Zantng Ordinance The top surface that covers a building Street Type The Zoning Ordinance of the City of Huntington beach Serves A specific configuration of elements that define how new ActviFoe>and in some w enstaaces,the structural componen streets may be designed ts I I that,.relate_it) the maintenance_and_baste functioning St"scape eomponentsofeach landuse These acirvtnesinay include,but The composition and des tin of allts wt[hm the p ublic elements are not limited to trash and mcychng areas and aboveground right-of-way the vehicular realm 1 thoroughfare (travel components of wet and dy urilines I lanes for vehicles and bicycles parking lanes for cars and s Skupftvnr sidewalks or paths for pedestrians)and the amenities of the pedestnan realm/public frontage(sidewalks street trees and A'specific private frontage type Shopfronrs am the primary - treatment for ground level wrnmerctal uses, designed for plantings beaches streetlights ete} active ground !Toot activities including retail dining. and Sustannability personal services Physical or design elements that improve environmental Sidewalk performance,efficiency,and livability to meet the needs The paved area of the public frontage dedicated exclusively of the present without compromising the ability of future [a pcdesman activity generations to meet their own needs"(quotation from the Our Common Future World Commission on Environment Side Setback and Development United Nations 19V) See Side Yard Setback Tandem parking Side Street An off-street parking arrangement where one vehicle is A street along a comer parcel that is not a front street parked behind the other Side Street Faf:ade Thoroughfare The fa�adc of a building that typically faces a side street The portion of the street between curbs that includes all Side Yard vehicular lanes including travel lanes turn lanes parking The area that results from a side yard setback lanes Side tird Serbeck Townhouse The distance bcrween a side property line and any structure A home that is attached to one or more other houses,and requiring a building permit which sits directly on a parcel of land that is owned by the owner of the house Sign Any medium for v Urbatt Peso Conte t visual communications which is used yr g^ P in to be used to attract anennon The district structure which serves as the conceptual basis for the regulations cowtned in Book 11 sigar&cant An nnpottant part or area,or a large quanury use(as a verb) To occupy land or water in any manner or to establish,tarry Stgnificrnr Addthans out,maintain or continue any activity or development on land + Additions greater than 15%of the buildings floor area grin waterregardless ofwherher tile activity ordevelopmem is j Single-Fsmily established,tamed out maintained or continued in a manner The a single building for one dwelling that utilizes bui Wings or structures on land or in water Stand.rds will Cladding All required development specifications.(such as permitted The exposed materials of a fapade that pn mary walls,base, land use types building height dimensions, and setback wall accent Linn and other articulation elemems are made of dimensions)that vary from one District to another or covered with Story Window Wall A habitable level within a building as measured from finished A wall entirely designed with windows usually from floor � ur, tr floor to finished ceiling Attics and raised basements are not to floor 0 considered stories for the purposes of detcrmtnnng building C7 height 133 1 EXHIBIT NO. 14 240 06 Fees and Deposits - --- 9/11/15 11 47 AM I Huntin ton sea-cn C`. rt r and Code v _ p, .^-,:e,vtouS Nl&xt Md,l Scarch rin ZONING CODE Title 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS 240.06 Fees and Deposits All persons submitting applications for any permits, certificates, development agreements, map approvals, or zoning map or text amendments, or any other approvals as required by this ordinance code, or filing appeals, shall = pay all fees and/or deposits as provided by the City Council's resolution or resolutions-establishing applicable fees and charges View the mobile version http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-24-240-240_06&frames=on i Page 1 of 1 I _ I i - 1 -EXHIBIT NO. 15 I I'� V ' f } { I � , �J�J T T EXHIBIT NO. 16 - I G - ' I I CITY OF HUNTINGTON BEACH1 nkt Vagilotta MeAahba City A9WM OFMCE:OF nE o aaa�a &SiAwtCqM0=yCITY ATTORNEY , AsssstaatCi�yAtt�auey P.O.BOX I" I Neal X"re Sr Duty C#A W=7 Vt Afthael E. Gates Hunt tm��e�aEa 92643 +� y Telep�no; (72�-)336w5355 � -�'�'�r��' `Y City ttcsrney x< ,� t7141 374-ts�n �a�� a Ohl I ►x�,+�ic�yAaa�r Mama 30,2015 Business Licensing City of Huntington Beach i c 2000&Wn St. Huntingtou B=b,CA 92648 Re: Medical Marijuana Dispensaries Prohibited i .Dear Business L icemin,g: As you know, Medical Mwijuam Dispensaries are not a witted vial;retail,or otter €se in Huntington Leach. The Huntington Beach Zoning and Subdivision t?rdinance (HBZS€) d6es not recognizc these dispensaries as licit or legal retail or commercial eatabhisltuaents,and the Planning and Building Director has consistently made the same dstennination. i In 2005, the City enacted a moratorium on these types of dispensaries. la j2007, the Dirty Council amended the HBZSO to eliminate-Medical Marijuana Dispensaries as a permitted{non-paorit, _ for-profit, retail, commercial, or otherwise} use within. the City. Accordingly, sinoe+2007, Medical Marijuana Dispensaries have not been listed as a.permitted use in the City and are theieby prof brt d in any zoning district in the City. r Moreover, on larch 2, 2015, the City Council voted to have an Ordina�w amendment - prepared that adds expressly articu Wed.language to the City's Code(HBZ,SO}that Medical Yarijmna Dinsaries are prohibited,period. This recent Council dimtive for an Ordinance amendment dM not change the City's longstanding prohibition against Medical Marijuana Dispenw ies, it just makes the law clearer. - - I I - I - �I _ 1 I I 1 I larch 30,2015 Page 2 Cots have consisterstly affirmed the City of Huntington Beach's position. In recent mom, no newer than three Medical Marijuana Dispensaries have been shut down. In fact, on Friday,Math - 27, 2015, the Orange County Superior Court .granted. Huntington Beach's request fo'r a P.e Umin4ry Injunction against a Medical Marijuana Dispensary. It is not permitted to operate iu Him=tingion Beach. Based upon the foregoing probibitive policy and legal authorities on this topic in the City, any Business License applicant who s�ks a lemon Beach Business I.icceense to open aacai operat:� a Medical Marijuana Dispensary will not be provided an application,_nor will the licattt pay the 3 application fee. 'rhe ersonseeldng a Business Lic=w will not be provided an a ppl3catiou beca4w under Huntington Beach Municipal Code Section 5.08.360, no license shall be issued to-any failing to present all appropriate zonntg permits,or mho has failed to comply with any other provision of City Codes. ------------------ Aeay attempt to apply €ar a 13usmess License in light of this foregoing proliibitican against Medical Marijuana Dispensaries is futile. eves, Ong to HBZSO Section 202.08 Rules for Interpmtstion, any applicant has the right to gnxW an interpretation of this prohibition to the Planning Commission,as provided m Title 24 of the HB2SO. i - , ff any applicant has any question about the Cdty's laws and/or policy on this mattes,Please aisle - { the applicant to write to my office, I will provide a written respam to the applicant after receipt of a written request. --- -_ Thank you spin ur coops it'on, - ( i c � W 1 E. Gates _ _City AttorneyCity-of H=tihgtbn7Beach - I _ _ I I I t I i I t I �i I i I ' i k - r I I EXHIBIT NO. 17 _ _ I - I I 1 MICHAEL E GATES, City Attorney SB 258446 ---_ DANIEL K OHL,Deputy City Attorney SB 109372 2 Box 190,2000 Main Street - Huntington Beach,CA 92648 3 (714) 536-5555 FAX(714)374-1590 4 Exempt from filing fees pursuant to Government Code §6103 5 Attorneys for City of Huntington Beach 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA - 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, I f DECLARATION OF SCOTT RESS IN 12 Plaintiffs, SUPPORT OF PLAINTIFF'S EX PARTE 13 ) APPLICATION FOR ORDER TO SHOW vs ) CAUSE RE PRELIMINARY INJUNCTION- 14 ) AND TEMPORARY RESTRAINING DANIEL GARFIELD RICHMOND, ) ORDER - 15 HUNTINGTON BEACH CARE GIVERS, 16 AND DOES 1 THROUGH 50, INCLUSIVE, ) [Filed or lodged concurrently with 1 Request for Judicial Notice 17 Defendants ) 2 Memorandum of Points and Authorities' 3 Declaration of Richard Massi 18 4. Declaration of Al'Brady 19 ) 5 Declaration of Scott Hess 6 Declaration of Jun Slobojan- 20 ) 7. Declaration of Daniel K. Ohl 8 [Proposed Order] 21 ) 22 - } DATE. January 14,2015 TIME 1 30 p m 23 } DEPT C-10 JUDGE Honorable Linda S Marks 24 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 28 14-4302/115573 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 ' h i - i of Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause re s 2 Preliminary Injunction -- - 3 I am currently employed with the City of Huntington Beach and have been continuously 4 employed with the City for thirty years I am currently the Director of the Planning and Building 5 Department and I have been the Director of Planning for six years. The Code Enforcement 6 Division is under my supervision and has been for six years I am familiar with the City's land -7 use zoning districts,use classifications,the Zoning and Subdivision Ordinance and the s 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 i - 10 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 15 Section 204 12,Accessory, Section 204 14,and Temporary, Section 204 16, use classification 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 18 Section 204 02,to determine whether a specific use is within one or more;use classifications, or -_ 19 not within any classification I,as Director,have authority to determine that-a specific use is not 20 within a classification if its characteristics are substantially different than those typical of uses 21 within the classification The decision I make maybe appealed to the Planning Commission 22 - The operation of a medical marijuana dispensary is not a permitted or allowed use as it,is 23 not mentioned in any of the use classifications. Every medical manjuana 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 28 14-4302/115573 2 I DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE -- - APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER _ E � ' 1 approval prior to the issuance of different types of permits;-certificates of o cupancy,business 2 licenses or utility service connectio in Section -- I - 3 I declare under penalty of perjury under the laws of the-State of Cal iforma.that the - 4 foregoing is true and correct - 5 Executed this 42-_*day of _, 2015 at H tington Beach,California 6 - 7 Scott iess- - 8 I � 9 10 I 12 - 13 - 14 - -- - - - - -15 - - 16 - - _ _17 19 - 20 - - - -- -_- -22 23 - - - - - - - _ I P t _- 24 - - - -- = 25- _ 26 i 27 21 14-43021115573 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 f - t t PROOF OF SERVICE OF PAPERS 2 _ STATE OF CALIFORNIA ) i ss - 3 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 �� - ,I served the foregoing document(s)described as ;- - e DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EXIPARTE 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 - -- 4 12 Huntington Beach Care Givers BY HAND DELIVERY 13 17416 Beach Blvd - i 14 Huntington Beach, CA 92649 (714)475-5502 -' 15 , Cnstian Peirano,Esq VIA email to clp@peiranolaw.com 16 Peirano &Associates,Inc - 1666 N Main Street, Suite 3 50 - 17 Santa Ana, CA 92701 18 clp@peiranolaw com 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 at Huntington Beach, CI lifonna 22 1 23 / oan -4ideth -! 24 25 26 - - - = i 27 144302/115573 28 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE - APPLICATION-FOR-ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER f -- - I I I I I � - f 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA I I 2 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER f - 4 3 - - - 4 CITY OF HUNTINGTON BEACH and ) PEOPLE OF THE STATE OF ) 5 CALIFORNIA, 6 Plaintiff, ) 7 vs. ) Case No 30-2014-010745511 - 8 DANIEL GARFIELD RICHMOND, ) HUNTINGTON BEACH CARE GIVERS, ) 9 and DOES 1 through 50, ) Inclusive, s ) - 10 ) Defendants ) 12 - - - 13 _ 14 15 DEPOSITION OF 16 SCOTT HESS 17 SANTA ANA, CALIFORNIA i 18 FEBRUARY 23, 2015- - - I 19 20 21 REPORTED BY• PATRICIA A PAGANO, CSR. 8406 22 4 23 24 _ 25 - j I 1 _ _ t f 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 -- - - i, 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 - P 10 text Can I just take a short break? 11 MR. PEIRANO Sure. Let's go off the record i 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 withirespect 17 to medical marijuana at all? i 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. i 24 Q Did you feel it was incomplete? 25 A Yes I 39 i f _ I 1 1 Q Okay. What would I have needed to do to -make it a 2 more complete question for you? I f 3 A Written policy or verbal? I 4 Q. Well, before I -- before I ask you that,_,I read - 1 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 bey verbal- 10 policy decisions, correct? 11 A That's correct. { 12 Q. Because that wouldn't be fair to the pub11ic to try 13 to figure out? f 14 A Correct. 15 Q The point of the policy decisions and keeping them f ' 16 in writing is so there can be some consistency. 17 Isn't that correct? 7 - - 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? I - 40 Tf - t 1 MR FUJII I don't know -- just vague, ambiguous as to 2 that term If you understand that term, that's fine. 3 BY MR. PEIRANO: 4 Q. Are policy decisions defined in the ordinance code's I - 5 A Yes - - - - 6 Q Very good i - 7 And when I asked you the questions earlier today i i 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. I - _ - 13 MR. FUJII Earlier you said "ordinance code. " iDo you _ 14 mean zoning code's 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 i 19 specialist in that area. I imagine that if I get something 20 wrong, instead of you adopting my statement and continuing 21 wrong, you'll probably end up correcting me and letting me 22 know that I'm mistaken, so -- you don't have to do-that, - 23 but, in all fairness, so we can have a good discussion, I 24 would expect you to do that, correct' 25 MR FUJII You don't have to answer that f I 41 I I u _ i _ f I I I _ II I - f , I I � I _ I - r EXHIBIT NO. 18 - t - I i _ BOUT,BUSINESS LICENSES... elcome to the City of Huntington Beach business mmunity This mforrna_tion guide is intended as a - - mmary of information you will need to know in You can obtain an application from City Hall, or ter to operate a business in Huntington Beach download one from our website at /P. Certificate of'Occupancy - required by t p g www huntingtonbeachca qov took under the Planning and Building Dept fog businesses it as guide is provided as a public service It is not specific questions should be Finance Dept for Business License Complete the commercial or industnal location Gal! (71 -inclusive and an acted to the Business License Division ld be application and bring it to City Hall on the I$" floor, 536-527'1 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 roil :n the Huntington Beach Municipal Code, P C Box 190, Huntington Beach, CA 92648 If you Fictitious Name (dba) - rnu'st be filed if y -----le- 5--- - - City-of-Huntington-Beach-business -are.in-a-commercial-location-in the city,.you may-- ,--choose a-business name-that does not-inclu..-.- a T-_ nse is not are u ato licerxse bu i need to fill out an application for a Certificate of your own last name Contact the Cour V pay or the 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 govlrecorder or contact yc 5271 local newspaper office ■ - - a ii , r _ /P 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 entertainme each to pay an annual business license tax employees, more than 1 business vehicle or coy 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, , ,atton upon notification to Business License and $41 6(] Additional amounts added are as follows A- Salters Permit {Resale #] - required by t roval by the City Planning and Building State Board of Equalization if you s prov Additional Employees 4 - 12 $4 00 each merchandise Call (949) 440-3473 or vi .partment All businesses, trades, professions, 1352 $3 00 each vvwvsr boa ca qov flings, or occupations operating in the City need Business License These include but are not ' 52 $2 00 each A- Health Permit - required for food handlir cited 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- � Federal Tax ID # - required if you ha home as the headquarters of their business time fee of$2 00 for a Home Occupation Permit, in employees, are incorporated, or have addition to their license registered partnership Call (800) 829-1040 Businesses, which are located outside the city, visit www irs qov but transact business in the city such as Same business licenses are calculated differently contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, special events, ` Worker's Compensation Insurance required if you have employees Contact yc services,fumigators,telemarketers etc vending machines, out of town contactors, pool halls) Call (714)536-5267 for these licenses local insurance agent, state fund or vi Independent contractors such as doctors, www dir ca govlworkers' comp-html real estate brokers, hairdressers, Janitorial /� Liquor License -- required by the State De contractors, and home party demonstrators of Alcoholic Beverage Control if you sell Apartment owners of three or more units A business license may be issued at Ci Hall ile serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sail merchandise from you wart Your app ica m s e complete and arc gov their vehicles, such as gourmet food trucks and include all necessary documents You may need Ai 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 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 o License inducting business in the city without a;ItCerlse Beach a- guide to Economic Development - n result-in penaltieS,�lVotices of Vrolatiuns;`and -www huntin tonbeachca g ovldepartments/ED Iministrative Citations It is a misdemeanor to + alate',the City Business License ordinances 319Y Huntington Beach Small Business Assistance i Center located at the Huntington Beach I Need to Display Idly Business License? Chamber of Commerce 2134 Main , Street Is, all business licenses must be posted in public #100, Huntington Beach (714) 536-8888 nuntington, Bedch �w at the 'fixed location of,the business For � { use businesses without a , fixed location, the U S Small Easiness Administration — provides -;pQnsible party must carry-the business-license- financial '. assistance programs, guide to th them while conducting business in Huntington resources an8 workshops -(714) 550-7420 or ach www sba-qov get a'C C R E. Service Corps , of Retired fw 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,org to However, you are responsible for renewing rr� ur license whether or not the renewal notice is C1 California Permit Assistance Center :�eived If the payment is received more than 30 information on local,. state & federal permits ! ys past the due date, a 10% per month penalty is www cal o d ca air arged Notices of Violation and Administrative ,12-1 Small Business Corner - helpful information _ Cations may also be issued about taxes from the IRS www irs cyov in Moving to a New Location in the City. ��l Small 6usiriess Development Center - iy of rHuntington Beach case notify us of your new address,, phone provides= help Ao small businesses through l ;. I t ;, rnb'er, and an other'chin es to our business r1-on-1 oounselin worksho s'and educatiori ' Bi I51 n eSs° ,L cen se Y 9 Y g,- p I i ter compliance with any applicable city ' seminars; , 'Call,. 4714)1 564 5200 + ar 'visit juirements, your business license may be '`w+avw ocsbdc com `! ` ; I 1 ';; 2000 insferred to the new location for a small fee 'if Main Street u are moving to a new commercial location', you , . _ ® , _ 1s' Floor I need to apply for a new Certificate of Huntington Beach :cupancy Better Business Bureau` (714) 985-8915 hat if I Stop Doing Business or Move Away? Building Permits (714)536-5241 CA 92648 t: us. know in `writing'0 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 ($O(}) 321-2752 isiness Licenses'are not transferable from one Hours' B.CId am — S:Oq m rner to another The new owner must apply fora Employment Development Dept (888)745-388f P siness'license in their ria' e' Franchise Tax Board. (800)852-57,1 Monday to Friday Office of Secretary of State ! (916)653-3794 here Do I Find You www.fruntingtoneachca c�ov e are located at 2000 Main St on the corner of Sign Permits (714) 536-6271 - irktown and Main, in the Civic Center on the 1st State Compensation Ins Fund (714) 565-5000 b0smess.license0surfcity-hb orq or Enter the .main Administration Building .and I . I , ' low the signs to the Business License counter Zoning Department (7f 4)536-5271 1 ' j _ t C f � t 19 ------EXHIBIT_-N®: I City of Huntington Beach,California-Permit Center-Certificate of Occu http//www huntingtonbeachca gov/governtn_ent/departments/building_safe 001M I li�'tu to,. residents GOVWMW Busium ViSitims Sgrvims AhimM i � Sut1�'�+�� tc i�C�i�>t�a4:��r�>b��itr�saCei�>ps3tirtcert� � -Czeher3!Info Now Suss #ssm-q and{itCWate oro"icy a WWs&NghTtttts ryPerirxkt efeJiter._ _. _� forraadoir ! Did you know'? 1 your car and need i Perarit App7�tkxi Forntg 6,Vdtr<ai Ma Carftrteci flOru}�nar � #crge7 nr3 0(the VscxY mstor P8rin2Gulde A-Who medsta Ueili`ncafa of r"t racy? od7 ProieCtihe 8M*%VWTA i teat3usu�ess&C tC<kt ardempo"ofittntheright _ mac„ „cy q 1rVry way-iotireei-by-wlhg�ne t Baikfert t} ,c)ar re Ceztitrcwa ofOceopaz y iz u, oY tfress o ns Pax pert"er*" zVolst unex aebted Oos% 3_ Cflktlkati[ -3tepsio-Acquire a Gertificate of OccupanivT7 ir�pectlons�ititcri� _ a_ _ �� v'�attSU+ar,�sr�a�Ctria �1'-r�ati�nat�t _ � - -Plan P kA40 r vvhg do 41RA-Q0Wra OOMOAcp tAspe*yix Forms A Applicatiktis _�_--- q;4Vhat?s a CeT3lfri altih of 0*6UPWto r? - A;ACertificate Gfbor�rpapey(trr Coto),ISO oerd to tssireti by the SuIlditV M a al s a�1r Depadmont,witucltalkxws Cse or tree Of a building arslnxti�e'e or portion thereof` Main:i714j�36.5241 ��` Fax 0141314-1647 - - wa =mttaarr Gt; Who needea oettit3sate,oTiicCupoiacy? bads -gyp_ - rrSoj7Friday 8�atrr�-5:Dt7 t>sn S -- (M-1tti WNtoiDotxn ) pi~ Al buusinessasopetahngwdMnHuMington8awli city hits, eaud=ifyrsUisra ptarrnirg:to-occupy an existing building grtspltd n *50"Structiorl Q. Why do 1 a Certificate of Occupancy? bac to top Ac It protec%YO Sft business ownet fdi t>Fnlclings aYe txkit izi stye rode speaficabon. We-inspect--yoLirbuM rig purswrit to those codes,toen8}myourSafety _ the safely of your employees and the safety of those who visit yaurfadiAly Q'. Use Our Pre Ccrtifirca#e nt occupauc+y tnspectiion Program 1>a(c to top (Building code conVI(aince,Report)to avoid snreVvcted costs, A. Applying fora Butidin9 Cade Cornphame Report is a proactive approach to identrtlr and correct any possiblia defciencies before a new,owner-orterianf(s involved. Cost for'thts service coincides with the CaMcaW of Occupancy fees Cased oft the type of dtciipanay)as shown in**Fee SSdie idle This process et14mtes Wre,,q)ecled costs for-code correctforis We will research the approved plaits and permit history for a specific addressr _-- perform an inspeotion and-&ethe applicanta,det4kd report On the irxgpe007'1 findings By using thts process it can be di termined ifsigniticantakarabons torn occurred without pernvls. Exarriples'nf common problems are � Nan p�nxAed mez�rnries in ti>anutaotuuaq ar w�tx,use$ ( - r, NorrperMlied WWII tnpro rimer+twockWithmbcalduijstafthan(WaddMonat ft"spac8) i �Expired biakring perrt'As where the work wasinstat[ed I is Mechanicai,electrkai arid piuRbingwr,*that regArespe;TW,s Arid"09% a i=xignig out of buddings per occupancy ctassrficatsron i Adpcent budditW or unds use andlor occupancy type ttotrperinttedeiectrlcat airgesioA�eservtceosstb-paneisenddisfibataon. is Changes in Occupancy Classifications E r Q•Steps to,Acquire a Certificate of Occupancy? ba A to top i 1 of 3 i 4/13/2015 1 24 PM I City of Huntington Beach,Califorma-Permit Center-Certificate ofOccu., http//www huntingtonbeachca gov/gcivernment/deparnneirtslbmldtng_safe G - I - I'pant W Rosidwts GDVMMat Bush= V3SUOM SmViPUI -- AbWt HB Location Occupying an occupyingNowConstruction frxistlpg tTdrng orneedstlew'tenant t € Improvement Step 'tst♦'loot', = An applioantmust I - I Business have or apply fora An applicant rnt*have or apply License current-Aty of fora owettt City cf I urtttrVan 11untiroon Beach Beach Business Liter . Business License. i Step . Submt the ititEowiV----- 2 Ord Floor. - - 2 sits or_xvet jorow)Storied .Banning ptaotr In"Konma C4aWr f - ^- - - _-- - - Counter, Sulxrnten — - forreview Plan-ch"ku*ifft*v ---- appllcafioin flora 4 *L - _ - - 3 rfiflcat! of C�en�trlCY- {7fzt8kl t<APiNie'atofs for a�eiaate� Zttrung Clearance t ptar a T, cot [��nclir,s�sntom�coe tvittit�tiue�g�retr>ents;ai� , Piark�7gUhr�entxe7ths�in � - t ttye�@trsu7arxtfai a¢pyc0t(oY� _ _ ___ - t Step 3rd Floor. Applicatida Review, v pins wig be review tot siru6tora3 3 Bulwnig processing and requiremerds founet*,,plan i Counter cE�kIsrunnfn6approximately Paymentoffees- f5Yamio iayslot fwrevo-WI - Step 3rd Floor. t7rice fife ptarts trt»e4 statertdi ', _ 4 t3ul}itV requi mnettla,tees are collected 1 - - Counter - and a buDdIngpumt is Issued. - --_ -- -- ----- _ J_ Step { Automated 5 inspection Ort Vlte Inspection On site Ins0acton -- -- —- - if Line Step fst-f{oor, FinalApproval'af - --- - _ 6 Business Final AWoval of replication - — License A"ppfication ;, r---_ Step Malledto Certificate of Ccupangy wig be I -- - -_ - T you Certificate of mailed to you upon completion of Occupancy all construction&final itrspeetion - -- approval t - - f2; What is the Cast of A:Certificate of pccupancy'D rvMY- haok't0 trait s- _ A F es are used onthe Occupancy Type Please see the attachedcoa Sched . -- 'There is no additional cost for a Certificate of occupancy which is par,of curreindy - peMtted coMtructlon at the saute locabon,however,If a temporary Cenfcate of (, Occupw%y should be needed prior to full completion 0 oonstrugtion,approval Must bs- obtained from the Impectlon ManW and a fee-must be pafd pd r to ibe issuance of temporary Certificate of Occupancy Q:what do we look for during a cerWicate of Occupancy back to top inspection? - - A.A Certificate ofoacupanay inspection is required for aI new businesses-and for-_ - tenantiirproveiY�rds to extstangfawldsrtgs Fflr snore spscsfsctnfos ilotisee Cent c to of Occupancy Inspectbpns, �- FoatEs tack tv fop - - 2 of 3 4/13/2015 1 24 PM i s I City of Huntington Beach,Caltforma-Permit Center-Certificate of Occu, http//www huntingtonbeachca gov/go`vernmenddepartments/building_safe I -HMO I Want too. Residllmls WIMMMM &Whim vishom Smt S ;_ -- bo. _ �I I , i f-resides,I+risdors I btmnea$k goypria wit I giwmes,I sate rip I til of melfamq stater si�i(snr in I�r f rlirdcC�aos to c had 1 2ow main Street,f4utexVon beach,CaiifDreia$2648 - i 46 CopyrW*2442.15 Ciy-o Eton Beach.At r4hts reserved-- Swf My USA is a registemd trademarK of the Katrqton Beach MarieatkV and moors Br$eau i - — EIR _. - 3 of 3 I 4/13/2015 124 PM _ I ' 1 r I ' l - ' I EXHIBIT NO. 20 __ 4 1 I I I Mar. 4. 2015 4:59PM CtL1y ATTORNEY Flo. 1692 P 2 CITY OF HYNTINGTON BEACH a1iC�A9Y1SrA1�� y PaW IVAttdS mdre CITY ATTORNEY stauye1 As2i2t=CayAtwn6y -41 Meal mbere P-0 ylt,YM � UDV0WCdyAt"A? Nfichael R. Gates 2WMi*streg 391wFap jjWFfWCW*ark Csl#f4raj& 92649 Sr.DepagcayMUM City Aua=y Tacplamt: (7M S36.5555 BuddK Obi Fits (7ia)3ra-lssa 1V,WCCFAx VIA l Ivl/m 10 clo& irawlaw com I March 4,*IS O iStiau L=Peirana,Fsq- Pei=0&,Associates,Iuc. 16661,.Main st veE,Site 350 Santa Ana,CA 92701 Re: City of Ywayngton Bleach v Daniel Ga*ld Richmond QCSC No.745511 Dear Mr.Peirano: This vvin coda our convemdon today concerning the st&ng of the allegations tong is Paragaph 12 of the complaml. Such allegatiow wi re rmsta=dy included. As such,I have agreed to Shrike tbuase sUegat;ons from the comPlaint. Thank you for yuw camtesy on this issue. I Very truly Yews, e�AZW 14-430!2/l l$120-doa I I i , - I �II _ I i i EXHIBIT NO. 21 1 1 MICHAEL E GATES, City Attorney SB 258446 DANIEL K OHL, Deputy City Attorney SB 109372 - 2 Box 190,2000 Main Street -- Huntington Beach, CA 92648 3 (714)536-5555 FAX(714)374-1590 4 Exempt from filing fees pursuant to Government Code §6103 5 Attorneys for City of Huntington Beach 6 7 s SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 10 CITY OF HUNTINGTON BEACH AND ) CASE NO. 30-2014-00745 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 GAR-FIELD 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 Jirn S1obojan 20 ) 7 Declaration of Daniel K Ohl 8 [Proposed Order] l 21 22 ) DATE. January 14,2015 TIME. 130 p m. 23 - ) DEPT: C-10 JUDGE Honorable-Lmda S Marks 24 l 25 I,Jim Slobojan, declare- 2 6 I am a competent adult over the age of 18 and have personal knowledge of the following 27 facts which I could and would testify to if called as a witness I make this declaration in support 28 14-4302/115578 1 - DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER i I I I - 1 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 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 f 6 since November 1999 lam the Fiscal Services Manager and supervise thel Business License 7 Division One of my job duties is that I am the City Business Tax Collector and in that capacity) s maintain and have access to the files for business tax certificates and/or business license-for all --- 9 businesses operating within the City A business tax and a 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, t - 16 organized by number,and I am able to search our database by address 17 -_ 1 have personally searched the City's records for the property located at 17416 Beach ------------- 1 s 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 claims they are a non-profit business and applies for a non-profit 23 business license, the City would require the submission of appropriate pape`ork to document 24 their non-profit status The City, on the advice of the Internal Revenue Service, would also 25 independently verify their non-profit status through the use of www guidestar org Unless 26 properly verified,the City would not issue a non-profit business license _ - - 27 I 28 14-4302/115578 2 DECLARATION OF JIM SLOB OJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER _ _ _ i 1 I searched the www guidestar or site to verify an approved non-profit status for_--- j 2 Huntington Beach Care Givers No such business was listed as a non-profit status 3 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct = 6 Executed this day of JA�.J t /, 2015 at Huntington Beach,California - -^ 8 Jim Sl of an - - g - -_ - - - -- - 10 ' 11 12 13 - - 16 -- -- 17 18 _ - - -19 20 - - - - 21_ =2 2 23 - - I 24- - 25 -26 - - -- - - 27 28 144302/115578 3 - i -- - DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND -- TEMPORARY RESTRAINING ORDER I r PROOF OF SERVICE OF PAPERS 2 STATE OF CALIFORNIA - ) ss 3 COUNTY OF ORANGE } i 4 - I am employed in the County of Orange, State of Califorina lam over the age of 18 and 5 1 not a party to the within action,my business address is 2000 Main Street,Huntington Beach, CA 6 - - - - - 92648 r 7 _ On @ ,I served the foregoing document(s) described as DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND - 10 TEMPORARY RESTRAINING ORDER 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 cam 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 pei]ury under the laws of the State of California that the 20 foregoing is true and correct i 21 Executed on ] at Huntington Beach, California r 22 / k 23 JoanNaideth 24 25 26 27 -- 14-4302/115569 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 j I I 4 - { 1 t t { EXHIBIT NO. 22 I , — I �I a i l E I EXHIBIT NO. 23 _ - I I I i - I EXHIBIT NO. 24 _- i I i f SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER i CITY OF HUNTINGTON BEACH AND ) PEOPLE OF THE STATE OF CALIFORNIA, ) Plaintiffs, ) Vs. ) CaIse No. 30-2014-00745511— DANIEL GARFIELD RICHMOND, ) CU—MC—CJC HUNTINGTON BEACH CARE GIVERS, ) AND DOES 1 THROUGH 50, INCLUSIVE, ) I Defendants. ) I i I DEPOSITION OF ALBERT BRADY, JR. Santa Ana, California Thursday, February 26, 2015 _ I I i i I I I� II �I i - � 1 Q Okay So they coordinated an inspection 18 A Yes I , 19 Q Okay So you get out there These two i 20 gentlemen are there. i 21 What-- what's the situation? 22 -A They enter the business I follow them They - t 23 explain to the gal behind the plexiglass in the lobby I _ 24 that they were to do an inspection She excuses herself i 25 for a moment, comes back within a minute, allows us i - r 62 I I( - I - 1 i C - , i - E - 1 entry into the building - r - 2 Q Okay So you go in. 3 And what happens9 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 i 8 price menu board on the wall there. 9 Q Okay Now, if the fire department finds a I 10 violation, do they call the code enforcement department _ C - f - - - i -- r i r 11 to hand out the citation, if one is necessary, or do 12 they hand out citations? Do you know? I , 13 A They don't have us hand out citations. They do - 14 their own paperwork 15 Q Okay. Really Okay Interesting. - I , 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 - I -- I i